Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-11-16
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The People authorized to
Call q Convention to
Amend the Con-
StitutiOn.
The Convention to be Com
posed of Seventy five
Delegates.
Each Representative and
FlOaterial District to
Elect One Del
l3tI egate.
Text Of the Bill Passed by
the Legislature.

. bill to authorize the people to call convention
! and for other purposes
Whereas, According to section /, arti
Gle l, of the Declaration of Rights, al
3 power is inherent in the people, and al
2 free governments are founded on thei
authority and instituted for their peace
safety and happiness; and
Whereas, 1t is declared that, for tn
, advancement of these ends, the pe0pl
have, at all times, an inalienable right t
alter, reform or abolish the government il
such manner as they may think proper
, | and
Whereas, In the opinion of this Gen
eral Assembly, the public exigencies d,
t | now demand the exercise of these inhe
rent and reserved powers on, the part o.
the people of the State; therefore,
! Section l. Be it enacted by the Genera
Assembly of the State of Tennessee, Tha
every male person not convicted and rem
dered infamous for crime, of the age o.
81 years, being citizen of the United
States and citizen of the county whert
he may offer his vote, six months mex
preceding the day of election, is hereby
authorized to assemble on the third Satur
day of December, 1869, at the several
places of holding elections in the several
counties, and vote for or against calling q
Convention to amend, revise, or form and
make a new Constitution for the State
and no certificate or other qualification
than the foregoing shall be required by the
Judges holding said elections.
Sec. 3. Be it further enacted, That in
submitting the question of a convention
to the people, they shall have written or
printed on their ballots the words ''COn-
ventiOn, or ''No Convention )" and if the
number of votes cast for a convention be
greater than the votes cast against CON
vention, then there shall be a convention.
| Sec. 8. Be it further enacted, That an
election for delegates to convention of
the people of the State shall be held in
the several counties thereof at the same
time and places, and that said election
shall be held at all the precincts and voting
| places established by law, and shall be
managed and conducted by the Commits
siOner of Registration and other proper
officers of the counties respectively, in
the same manner and under the same
rules and regulations that members of the
General Assembly are now elected, as
heretofore prescribed by section LIST of
this act, and it is hereby declared to be
the duty of the Governor to issue his pro-
clamation to the several Commissioners of
| Registration of the State Immediately af-
ter the passage of this act, requiring
them to hold and conduct the same as
| herein provided. The said Commissioners
of Registration shall advertise the time
| and places of said election as in cases of
members of the General Assembly.
| Sec. f. Be it further enacted, That
the whole number of delegates elected to
said Convention shall be seventy-five.
Sec. 5. Be it further enacted, That
each one of the Representative Districts,
as established by the apportiOnment act
of 18th of February, 1852, shall consti-
| tute district, and elect and send to said
| Convention exactly the same number of
delegates that they have Representatives
in the General Assembly by said act of
| appOrtionment.
see 6. Be it further enacted, That
each one of the Floaterial Districts, as es-
tablished by said act of apportionment,
shall constitute district, and elect and
| send TO said Convention each one dele
gate.
Sec. Z. Be it further enacted, That the
votes in the several Representative and
| Floateral Districts, shall be compared at
| the several places where the votes for
members of the General Assembly were
compared in the last August election.
Sec. s. Be it further enacted, That no
/ person shall be eligible to a seat in said
Convention who is not twenty-one years
| of age, and who has not been citizen of
the State for twelve months, and of the
county and district from which he is
elected six months Immediately preceding
the election.
Sec. 8. Be ii further enacted, That all
laws requiring test Oathsto enable persons
to become candidates for Office, or requir-
ing Judges and Clerks of elections to take
said oaths, shall not apply to the election
to be held under this act
Sec. 10. Be it further enacted, That
in case of the death, refusal to serve,
resignation or removal from this State of
any delegate, the vacancy thereby shall be
filled in the same manner prescribed by
law for the filling of vacancies in the
representation to the General Assembly.
Sec. II. Be it further enacted, That
it shall be the duty of the Commissioned
of Registration of each county in the
State, Immediately after said election, to
make complete return to the Secretary
of State of the votes cast ''for COnyen-
ton" or mo Convention, and for dele.
gates in his county. The certificate OF
election of the returning officer or Officers
of the County or Districts, shall be
priR0 .fdcie evidence of the right OF
any delegate to a seat in said Convention;
subject, if contested, to be decided in the
manner the Convention may prescribe.
Sec. II. And be it further enacted,
That it shall be the duty of the Governor
and Secretary of State to compare the re
turns made by the Commissioners of Reg
istration, and if a majority of those voting
be in favor of a convention, it shall be thu
duty of the Governor Immediately to issut
his proclamation announcing the result
and said convention shall convene in thu
city of Nashville, on the second Monday
in January, 1870 and when so assembled
said delegates shall organize themselye:
into constitutional convention, by thu
election of President and such other off
GERS as they may deem necessary.
Sec. IS. Be it further enacted, Tha
said convention shall adopt such rules ant
regulations for its governments and the
transaction of business as it shall thinf
proper. and that the members and officer
of said convention shall receive the same
compensation as is now allowed by law t.
the members and officers of the Genera
Assembly of the State, and to be paid ii
the same manner by the Treasurer.
Sec. IL Be it further enacted, Tha
the constitution or form of government
which said convention may adopt, shall
not be of any binding force or efficacy un
til the same has been submitted to and rat
flied by the people of the State, in sucl
manner and at such time as the COnventiOT
shall provide.
Sec. Is. Be it further enacted, Tha
should any county have no COMMISSIONS
of Registration at the time of said cleo
ton, or should the Commissioner of Regis
tration fail or refuse to hold said election
then, in that event, it shall be the duty o.
, the Sheriff of each county to open anC
hold such election, subject to the SAM
rules and regulations as imposed upOI
Commissioners of Registration by thi.
act.
Sec 16 BE it further enacted, That il
all cases when the Commissioner or Sher
if fails or refuses, or from any Othel
cause, fails to hold said election, it shall
be lawful for any freebooter to hold sale
election, by summOning as many bystand
ers as may be necessary to hold said elec
ton, all of whom shall be freeholders.
Sec II. Be it further enacted, Tina
this act shall take effect from and after it
passage.
Passed Nov. Is, 1869.