« AnteriorContinuar »
of any debts al contracts, or affect any rights of property, or any suits. actions, rights of action, or other proceedings in courts of justice.
SEC. 3. Tuy amendment or amendments to this Constitution may be pro posed 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 house such proposed amendment or amendments shall be entered on their journe with the yeas and nays thereon, and referred to the General Assembly the next to be chosen, and shall be published six months previous to the tive of making such choice, and if in the General Assembly then next chosen, eta a foresaid, such proposed amendment or amendments shall be agreed to his 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 amendness to the people, in such manner and at such time as the General Assembly stia prescribe; and if the people shall approve and ratify such amendment mendments by a majority of all the citizens of the State voting for kejat sentatives, voting in their favor, such amendment or amendments shall be come part of this Constitution. When any amendment or amendments i the constitution shall be proposed in pursuance of the foregoing provide the same shall, at each of said sessions, be read three times on three sret days in each house. The Legislature shall not propose amendments to the Coe stitution oftener than once in six years. The Legislature shall have the right, at any time. by law to submit to the people the question of caldus convention to alter, reform, or abolish this Constitution; and when, 1103 such submission, a majority of all the votes cast shall be in fulvor of said papira sition, then delegates shall be chosen, and the convention shall assemble : such mode und manner its shall be prescribed.
SEC. t. The Legislature shall have no power to grant divorces, but dig. authorize the courts of justice to grant them for such causes as may be te tied by law; but such laws shall be general and uniform in their operats throughout the State.
SEC. 5. The Legislature shall have no power to authorize lotteries for : purpose, and shall pass laws to prohibit the sale of lottery tickets in it: State.
SEC. 6. The Legislature shall have no power to change the thur persons, or to pass acts adopting or legitimatizing (legitimating or mizing] persons; but shall, by general laws, confer this power on the Red
SEC. 7. The Legislature shall fix the rate of interest, and the pre establishedl shall be equal and uniform throughout the State; but the Klature may provide for a conventional rate of interest, not to excel ** (entum per annum.
SEC, 8. The Legislature shall have no power to suspend any general! for the benefit of any particular individual, nor to pass any law for the bez of individuals, inconsistent with the general law of the land; nor to e law granting to any individual or individuals rights, privileges. impi limmunities] or exemptions other than such as may be, by the SLP extended to any member of the community who may be able to bring 1! * within the provisions of such law. No corporation shall be create a powers increased or diminished, by special laws: but the General de shall provide by general laws, for the organization of all corporating*** after created, which laws may, at any time, be altered or repealel: ur! such alteration or repeal shall interfere with or direst rights whirl *** become vested.
SEC. 9. The Legislature shall have the right to rest such powers ! courts of justice, with regard to private and local affairs, ils mar se pellient.
SEC. 10. well-regulated system of internal improvement is ! to develop the resources of the State, and promote the happiness in perity of her citizens; therefore it ought to be encouraged by the Assembly.
SEC. 11. A homestead, in the possession of each head of a family." the improvement thereon, to the value, in ill, of one thousand on
under legal process during the life of such head of a he benefit of the widow, and shall be exempt during
children occupying the same. Nor shall said property the joint consent of husband and wife, when that relatmption shall not operate against public taxes, nor debts chase money of such homestead, or improvements thereon. ilge, learning and virtue, being essential to the preservastitutions, and the diffusion of the opportunities and adon throughout the different portions of the State, being the promotion of this end, it shall be the duty of the all future periods of this government to cherish literature funds called the common school fund, and all the lands and ividends, stocks, and other property of every description e by law appropriated, by the General Assembly of this
of common schools and all such as shall hereafter be 7 remain perpetual fund, the principal of which nished by legislative appropriations; and the interest thereof · appropriated to the support and encouragement of comghout the State, and for the equal benefit of all the people u shall be made authorizing said fund or any part thereof iny other use than the support and encouragement of come State taxes derived hereafter from polls shall be approOnal purposes, in such manner as the General Assembly shull, ne, direct by law. No school established or aided under this
W white and negro children to be received as scholars toDe school. The above provisions shall not prevent the Legisrying into effect iuis laws that have been passer in fillor
miversities, or academies, or from authorizing heirs or diseive and enjoy escheated property under such laws as shall
time to time. le General Assembly shall have power to enact laws for the preservation of game and tish within the State, and such laws
for and applied and enforced in particular counties or geoiets designated by the General Assembly. The intermarriage of white persons with negroes, mulattoes, or xed blood, descended from it negro to the third generation, ineir living together as man and wife, in this State, is prohibited. ire shall enforce this section by appropriate legislation.
No person shall, in time of peace, be required to perform any e public on any day set apart by his religion as a day of rest.
The declaration of rights, hereto, prefixed, is declared to be il Constitution of this State, and shall never be violated on any atever. And to guard against transgression of the high powers egated, we declare that everything in the Bill of Rights contained out of the general powers of the government, and shall forever olate. : No county office created by the Legislature shall be filled otherby the people or the County Court.
SCHEDULE. ON 1. That no inconvenience may arise from it change of the ('onit is declared that the Governor of the State, the members of the Assembly, and all officers elected at or after the general election of ne thousand eight bundred and seventy, shall hold their offices for
prescribed in this Constitution. ers appointed by the courts shall be filled by appointment, to be made ake effect during the first term of the court held by judges elected under stitution. other officers shall vacate their places thirty days after the day fixed for tion of their successors under this ('oustitution.
The Secretary of State, Comptroller, and Treasurer shall hold their otrs until the first session of the present General Assembly occurring after the ratification of this Constitution, and until their successors are elected al qualified.
The thicer's then ele ed shall hold their offices until the fifteenth day of January, one thousand eight hundred and seventy-three.
SEC. 2. At the first election of judges under this Constitution, there shall De elected six judges of the Supreme Court, two from each grand divisih 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 juders itt any time after the first day of January, one thousind eight hundred 21
Tit seventy-three. it shall remain unfilled, and the court shall from time to time
toc be constituted of five judges.
While the court may consist of six judges, they may sit in two setits and may bear and determine causes in each at the same time, but nu different grand divisions at the same time.
When so sitting, the concurrence of two judges shall be necessire to (lecision.
The Attorney-General and Reporter for the State shall be appointed after the election and qualification of the judges of the Supreme Court herein vided for.
SEC. 3. Every judge and every officer of the executive department of the State, and every sheriff holding over under this Constitution, shall. within twenty days after the ratitication of this Constitution is proclaimed, tate oath to support the same; and the failure of any officer to take such cota shall vacate his otfice.
SEC. 4. The time which has elapsed since the sixth day of May, thousand eight hundred and sixty-one, itil the first day of January, thousand eight hundred and sixty-seven, shall not be computed in ans en itffected by the statutes of limitation, nor shall any writ of error be attes Tuy such lapse of time.
Done in convention, it Nashville, the twenty-third day of February, it the year of our Lord one thousand eight hundred and seventy., and of the independence of the United States the ninety-fourth, In testimony wberre we have hereumto set our names.
John C. Browx, President,
ORDINANCES. SECTION 1. That it shall be the duty of the several officers of the $15 authorized by law to hold electious for members of the General Issembly 9 other officers to open and hold an election at the place of holding suid eletres 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 Tote the ratification or rejection of the Constitution recommended by this coliFealkAnd the qualification of votes in saill 'election be the same as that requinn in the clection of delegates to this convention,
SEC. 2. It shall be the duty of said returning officer's, in each an in this State, to enroll the name of each voter on the poll books prepared said election, and shall deposit ench ballot in the ballot boxes resetireb. Each voter who wishes to ratify the new ('onstitution shall have written printed on his ticket the words “Sew Constitution," or words of like ju je ind each voter who wishes to vote against the ratification of the new na stitution shall bave written or printed on his ticket the words "Old (epetiti tion,” or words of like import.
SEC. 3. The election shall be held, and the judges and clerks shall
ise of the election of the members of the General Assemg officers, in presence of the judges or inspectors, shall
for the “New Constitution," and of those given for the of which they shall keep a correct estimate in said poll eposit the original poll books of said election with the
Courts in the respective counties, and shall, within five n, make out accurate statements of the number of votes, unties, for or against the "New Constitution," and immevail, one copy of said certificates to the Governor, and one he Senate. So soon as the poll books are deposited with erks, they shall certify to the president of the convention nt of the number of votes cast for or against the “New Upears on said poll books; and if any of said returning o make the returns herein provided for within the time nor shall be authorized to send special messengers for the in those counties whose officers have SO failed to make
the receipt of said returns, it shall be the duty of the Gorthe Senate, and the president of this convention, or any two re the votes cast in said election; and if it shall appear that the rotes cast for and against the "New Constitution” were ition," it shall be the duty of the Governor, Speaker of the tent of this convention, or any two of them, to append to this ertificate of the result of the votes, from which time the I be established as the Constitution of Tennessee, and the ake proclamation of the result.
Governor of the State is required to issue his proclamation I on the fourth Saturday in March, 1870, hereto provided for.
JOHN C. BROWN, President.
S. RussWURM, Secretary.
CONSTITUTION OF TEXAS-1876*
PREAMBLE. Humbly invoking the blessings of Almighty God, the people of the state of Texas do ordain and establish this constitution,
BILL OF RIGHTS.
That the general, great and essential principles of liberty and free goreriiment may be recognized and established, we declare:
SECTION 1. Texas is it free and independent state, subject only to the (01stitution of the United States; aná the maintenance of our free institutions and the perpetuity of the Union depend upon the preservation of the right of local self-government, unimpaired to all the states.
SEC. 2. All political power is inherent in the people, and all free gorerlments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient.
SEC. 3. All free men, when they form ir social compact, have equal rights and no man, or set of men, is entitled to exclusive separate public emoluments. or privileges, but in consideration of public services.
SEC. 1. No religious test shall ever be required as a qualification to any office, or public trust, in this state; nor shall any one be excluded from holdız office on account of bis religious sentiments, provided he acknowledge the en: istence of a Supreme Being.
SEC. 5. No person shall be disqualified to give evidence in any of the courts i of this state on account of his religious opinions, or for the want of any me ligious belief, but all oaths or affirmations shall be administered in the me most binding upon the conscience, and shall be taken subject to the pains ad penalties of perjury.
SEC. 6. All men have a natural and indefeasible right to worship Almigbts God according to the dictates of their own consciences. No man shall be cos pelled to attend, erect or support any place of worship, or to maintain alt ministry against his consent. No human authority ought, in any case wbatere to control or interfere with the rights of conscience in matters of religi €. and no preference shall ever be given by law to any religious society or nuk of worship. But it shall be the duty of the legislature to pass such laws aš may be necessary to protect equally every religious denomination in the peace able enjoyment of its own mode of public worship."
SEC. 7. No money shall be appropriated or drawn from the treasury : the benefit of any sect, or religious society, theological or religious seminari ; nor shall property belonging to the state be appropriated for any such purpu
SEC. 8. Every person shall be at liberty to speak, write or publish his ap= ions on any subject, being responsible for the abuse of that privilege; and no shall ever be passed curtailing the liberty of speech or of the press. In pres cutions for the publication of papers investigating the conduct of officers men in public capacity, or when the matter published is proper for public tuformation, the truth thereof may be given in evidence. And in all indictunti! for libels, the jury shall have the right to determine the law and the fata under the direction of the court, as in other cases.
SEC, 9. The people shall be secure in their persons. houses, papers add 1
*The constitution of Texas was drafted by a convention which assemble Austin on September 6, 1875, and adjourned on November 24, 1875. It was suto to the people on February 17, 1876, and was ratified by a large majority. The mas tution was submitted as a whole and no proposition was submitted separately.