Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1870-02-26

]
] stltntion, and when, upon such admission,
/ majority of all the votes cast shall be in
favor of said proposition, then delegates
shall be chosen, and the convention shall
assemble in such mode and manner as
shall be prescribed
Sec. L. The Legislature shall have no
power to grant divorces, but may author
ize the courts of Justice to grant them for
such causes as may be. specified by law;
but such laws shall be general and uni
form in their operation throughout the
State.
Sec. 5. The Legislature shall have no
power TO authorize lotteries for any pur-
pose, and shall pass laws to prohibit the
sale Of lottery tickets in this State.
Sec. 8. The Legislature shall have no
power to change the names of persons, or
to pass acts adopting or legitimating per-
sons, but shall, by general laws, confer
this power on the courts.
Sec. Z. The Legislature shall fix the
rate of interest, and the rate so establish
ed shall be equal and uniform throughout
the State, but the Legislature may pro-
vide by law for a conventional rate Of in
terest, not to exceed ten per cent. per an
mum.
Sec. 8. 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 in
diYiduals, inconsistent with the general
laws OF the land; nor to pass any law
granting to any individual or individuals,
rights, privileges, immunities, or exemp-
tions, 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.
No corporation shall be created or its
powers increased or diminished by special
laws; but the General Assembly shall
provide by general laws for the organiza-
tlOn of all corporations hereafter created, |
which laws may, at any time, be altered
or repealed but no such alteration or
repeal shall interfere with, or divest |
rights which have become vested.
Sec. .. 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.
SEC. 10. A well regulated system of in |
ternal improvement is calculated to de- |
Yelop the resources of the State and pro-
mote the happiness and prosperity of her |
citizens; therefore it ought to be encour-
aged by the General Assembly.
SEC. IL. A homestead, in the hands of |
each head of family, in this State, oecu-
pied as residence, together with all the |
improvements on the same, to the value |
of, in all, one Thousand dollars, shall be |
exempt from sale under legal process
during the life of such head of q family to /
inure to the benefit Of the widow and /
shall be exempt during the minority Of /
their children occupying the same. Nor /
shall said property be alienated without /
the joint consent Of husband and wife,
ton shall not operate against public taxes,
nor debts contracted for the purchase
money of such homestead or for improve
ments thereon.
Sec. II. knowledge, learning and virtue
being essential TO the preservation of re-
publican institutions, and the diffusion of
the opportunities and advantages of edu-
cation throughout the different portions
Of the State being highly conducive to
the promotion of this end, it shall be the
duty ofthe 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 des-
criptiOn whatever, heretofore by law ap-
by the General Assem- bly, of
this Stste for the use of common schools,
and all such as shall hereafter be appro-
priated, shall remain perpetual fund,
the principal of which shall never be di-
minished by Legislative appropriation:
and the interest thereof shall be inviOla-
bly, appropriated to the support and en-
couragement Of common schools through
out 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 encourage
ment of common schools. The State taxes
derived hereafter from polls shall be ap-
to educational purposes, in
such manner as the General Assembly
shall from time to time direct by law. No
school established or aided under this sec
ton shall allow white and negro children
to be received as scholars together in the
same school. The above provisions shall
not prevent the Legislature from carrying
into effect any laws that have been passed
in favor of the Colleges, Universities, or
Academies, or from authorizing heirs or
to receive and enjoy eschest-
ed property under such laws as may be
passed from time to time.
Sec. 13. The General Assembly shall
have power to enact laws for the protec-
lion and preservation of game and fish
within the State, and such laws may be
enacted for and applied and enforced in
particular counties or geographical dis
.ricts designated by the General As
sembly.
Sec. IA. The intermarriage Of white per-
sons with negroes, mulattoes or persons of |
mixed blood, descended from a negro to
he third generation, inclusive, or the liv-
ng together as man and wife in this
State, is prohibited. The Legislature
hall enforce this section by appropriate
egislstion.
Sec, "a. No person shall in time of peace
De required to perform any service to the
public on any day set apart by his religion
IS a day of rest,
Sec. l6. The declaration of rights here
ofore preixed is declared to be part of
he Constitution of this State, and shall
lever be violated on any pretense what
'ver. And to guard against transgres-
ions of the high powers we have dele
'ated, we declare that everything in the
Bill of Rights contained is excepted out :
# the general powers of government, and
hall forever remain inviOlate.
Sec. II. No county Office created by the
shall be filed otherwise than
" the people or the County Court.
THE SCHEDULE.
Section l. That no inconvenience NAV
rise from change of the Constitution, J
is declared that the Governor of the Z
tate, the members Of the General AS
embly, and all officers elected at or after 7
he general election of March, 1870, shall
Iold their offices for the terms prescribed
n this Constitution.
Of1cers appointed by the courts shall
e filed by appointment, to be made and
0 take effect during the first term of the '
ourt held by judges elected under this ,
Constitution. ks
All other officers shall vacate their n
laces thirty days after the day fixed for
he election of their successors under this 7
Constitution.
The Secretary of State, Comptroller aud
'reasurer, shall hold their offices until s
he first session of the present General
Issembly occurring after the ratification
this Constitution, and until their sue | q
essOrs are elected and qualified,
The officers then elected 5hall hold their E
fices until the 18th day of January, 1873. a
Sec, 2 At the first election of Judges s.
nder this Constitution there shall be
lected six Judges of the Supreme Court, G.
wo from each grand division of the State, Ii
Tho shall hold their offices for the term :
erein prescribed. r
In the event any vacancy shall occur in :
be Office Of either of said Judges at any
me after the first day of January, 1873, it
hall remain untitled, and the court shall c
rom that time be constituted of five G
Judges.
While the court shall consist of six .
Judges they may sit in two sections, and
lay hear and determine causes in each at
he s2mO time, but not in different grand
visions at the same time. ST
When so sitting the concurrence Of two u
Judges shall be necessary to decision. 1t
The Attorney-General and Reporter for .
be State shall be appointed AFTER the cleo
On and qualification of the Judges of
be Supreme Court herein provided for.
Sec. 8. Every Judge and every officer
the Executive Department OF this
tate, and every Sheriff holding over un- =
or this Constitution shall within txuaDtv ! [