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ties or districts, according to the number of qualified voters in each, and shall not exceed one-third the number of Representatives. In apportioning the Senators among the different counties, the fraction that may be lost by any county or counties, in the apportionment of members to the House of Representatives, shall be made up to such county or counties in the Senate as near as may be practicable. When a district is composed of two or more counties, they shall be adjoining; and no county shall be divided in forming a district.
Sec. 7. The first election for Senators and Representatives shall be held on the first Thursday in August, one thousand eight hundred and seventy-one; and forever thereafter, elections for members of the General Assembly shall be held once in two years, on the first Thursday in August; and elections shall terminate the same day.
Sec. 8. The first session of the General Assembly shall commence on the first Monday in October, one thousand eight hundred and seventy-one; and forever thereafter the General Assembly shall meet on the first Monday in October next ensuing the election,
Sec. 9. No person shall be a Representative unless he shall be a citizen of the United States of the age of twenty-one years, and shall have been a citizen of this State for three years, and a resident in the county he represents one year immediately preceding the election.
Sec. 10. No person shall be a Senator unless he shall be a citizen of the United States, of the age of thirty years, and shall have resided three years in this State, and one year in the county or district immediately preceding the clection. No Senator or Representative shall, during the time for which he was elected, be eligible to any office or place of trust, the appointment to which is vested in the Executive or the General Assembly, except to the office of trustee of a literary institution.
Sec. 11. The Senate and House of Representatives, when assembled shall each choose a Speaker and its other officers, be judge of the qualifications of its members, and sit upon its own adjournments from day to day. Not less than two-thirds of all the members to which each House shall be entitled, shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized by law to compel the attendance of absent members.
Sec. 12. Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member, but not a second time for the same offence; and shall have all other powers necessary for a branch of the Legislature of a free State.
Sec. 13. Senators and Representatives shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during the session of the General Assembly, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place.
Sec. 14. Each House may punish by imprisonment, during its session, any person, not a member, who shall be guilty of disrespect to the House, by any disorderly or any contemptuous behavior in its presence.
Sec. 15. When vacancies happen in either House, the Governor for the time being, shall issue writs of election to fill such va-, cancies.
Sec. 16. Neither House shall, during its session, adjourn without the consent of the other for more than three days, nor to any other place than that in which the two Houses shall be sitting.
Sec. 17. Bills may originate in either House ; but may be amended, altered, or rejected by the other. No bill shall pass which embraces more than one subject; that subject to be expressed in the title. All acts which repeal, revive or amend former laws shall recite in their caption or otherwise the title or substance of the law repealed, revived or amended.
Sec. 18. Every bill shall be read once on three different days, and be passed each time in the House where it originated, before transmission to the other. No bill shall become a law until it shall have been read and passed, on three different days in each House, and shall have received, on its final passage in each House, the assent of a majority of all the members to which that House shall be entitled under this Constitution ; and shall have been signed by the respective Speakers in open session—the fact of such signing to be noted on the Journal; and shall have received the approval of the Governor, or shall have been otherwise passed under the provisions of this Constitution.
Sec. 19. After a bill has been rejected, no bill containing the same substance shall be passed into a law during the same session.
Sec. 20. The style of the laws of this State shall be,“ Be it enacted by the General Assembly of the State of Tennessee.”
Sec. 21. Each House shall keep a Journal of its proceedings, and publish it, except such parts as the welfare of the State may require to be kept secret; the ayes and noes shall be taken in each House upon the final passage of every bill of a general character, and bills making appropriations of public moneys; and the ayes and noes of the members on any question, shall, at the request of any five of them, be entered on the Journal.
Sec. 22. The doors of each House, and of Committees of the Whole, shall be kept open, unless when the business shall be such as ought to be kept secret.
Sec. 23. The sum of four dollars per day, and four dollars for every twenty-five miles traveling to and from the seat of government, shall be allowed to the members of the General Assembly
elected after the ratification of this Constitution, as a compensation for their services. But no member shall be paid for more than seventy-five days of a regular session, or for more than twenty days of any extra or called or adjourned session; or for any day when absent from his seat in the Legislature unless physically unable to attend. The members, when sitting as a court of impeachment, shall each receive four dollars per day of actual attendance.
Sec. 24. No money shall be drawn from the treasury, but in consequence of appropriations made by, law; and an accurate statement of the receipts and expenditures of the public money shall be attached to and published with the laws at the rise of each stated session of the General Assembly.
Sec. 25. No person who heretofore hath been, or may hereafter be, a collector or holder of public moneys, shall have a seat in either House of the General Assembly, until such person shall have accounted for, and paid into the Treasury, all sums for which he may be accountable or liable.
Sec. 26. No Judge of any Court of Law or Equity, Secretary of State, Attorney General, Register, Clerk of any Court of Record, or person holding any office under the authority of the United States, shall have a seat in the General Assembly: nor shall any person in this State hold more than one lucrative office at the same time; Provided, that no appointment in the militia, or to the office of Justice of the Peace, shall be considered a lucrative office, or operative as a disqualification to a seat in either House of the General Assembly.
Sec. 27. Any member of either House of the General Assembly shall have liberty to dissent from and protest against, any act or resolve which he may think injurious to the public or to any individual, and to have the reasons for his dissent entered on the journals.
Sec. 28. “All property, real, personal or mixed, shall be taxed, except such as may be held by the State, by counties, cities or towns, and used for public or corporation purposes, and such as may be held for purposes purely religious, charitable, scientific, literary or educational, and except one thousand dollars's worth of personal property in the hands of each tax-payer, and the direct product of the soil in the hands of the producer.
All property shall be taxed according to its value, that value to be ascertained in such manner as the Legislature shall direct, so that the same shall be equal and uniform throughout the State. No one species of property from which a tax may be collected shall be taxed higher than any other species of property of the same value.
Capital invested in the buying and selling of merchandise shall be estimated at the highest value of the stock of merchandise on hand at any one period of the year preceeding its assessment; and merchants shall pay, in addition to an ad volarem tax thereupon, a
specific tax, which shall not exceed five hundred dollars per annum, to be graduated as the Legislature shall direct; but peddlers and privileges may be taxed in such manner as may from time to time be prescribed by law.
The Legislature shall have power to levy a special tax upon incomes derived from stocks and bonds, exempted by the laws of the United States from taxation.
All male citizens of this state, over the age of twenty-one years, shall be liable to a poll tax of not less than one nor more than five dollars per annum, until such age as may be fixed by law.
Sec. 29. The General Assemly shall have power to authorize the several counties and incorporated towns in this State, to impose taxes for county and corporation purposes respectively, in such manner as shall be prescribed by law, and all property shall be taxed according to its value, upon the principles established in regard to State taxation.
But the credit of no county, city or town shall be given or loaned to or in aid of any person, company, association or corporation except upon an election to be first held by the qualified voters of such county, city or town, and the assent of three-fourths of the votes cast at said election. Nor shall any county, city or town become a stockholder with others in any company, association, or corporation, except upon a like election and the assent of a like majority.
Sec. 30. No article manufactured of the produce of this State, shall be taxed otherwise than to pay inspection fees.
Sec. 31. The credit of this State shall not be hereafter loaned or given to or in aid of any person, association, company, corporation or municipality : nor shall the State become a stockholder with others in any association, company, corporation or municipality.
THE RIGHT OF SUFFRAGE CONSIDERED,
On motion of Mr. NICHOLSON the Convention proceeded to the consideration of the report of the Committee on Franchise and Right of Suffrage.
Mr. WARNER moved to pospone the consideration of the report until to-morrow, which motion was rejected.
Mr. JONES, of Lincoln, moved the adoption of the report of the minority of the Committee in lieu of the recommendation of the majority-pending the consideration of said motion, the Convention,
On motion of Mr. BATE, adjourned until to-morrow morning, at 10 o'clock.
TUESDAY MORNING JANUARY 25, 1870.
The Convention met pursuant to adjournment, Mr. President BROWN in the Chair.
Prayer by the Rev. Mr. MCNEELEY.
TO AMEND THE RULES.
Mr. BRITTON submitted the following amendment to the Rules :
Resolved, That the rules governing the proceedings of this House be so amended, that no member shall be permitted to speak more than fifteen minutes upon any single proposition proposing an amendment to the Constitution, unless he shall first obtain leave of the Convention to do so.
Resolved, further, That this rule shall not apply to the proposition now vinder consideration, but to all propositions that may hereafter come up for consideration in this House.
Mr. IviE presented a memorial from a large number of citizens of Bedford, Marshall and Rutherford counties, in favor of establishing a new county, which, without being read, was referred to the Committee on New Counties and County Lines.
EXECUTIVE DEPARTMENT FURTHER CONSIDERED,
On motion of Mr. JONES, of Lincoln, the unfinished business of yesterday was postponed and the resolution of Mr. MARTIN, defining the terms on which the militia shall be called into service, was
On motion of Mr. JONES, of Lincoln, the resolution of Mr. MARTIN was amended by striking out the words “ for any party or political purpose, and shall not call them into service in any case.” The resolution as amended will read :
The Governor shall not, in any event, call into service the militia