Sec. 9. Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law.

Sec. 10. The judges or justices of inferior courts of law and equity shall have power in civil cases to issue writs of certiorari; to remove any cause, or the transcript of the record thereof, from any inferior jurisdiction in such court of law, on sufficient cause, supported by oath or affirmation.

Sec. 11. No judge of the Supreme or inferior courts shall preside on the trial of any cause in the event of which he may be interested, or where either of the parties shall be connected with him by affinity or consanguinity, within such degrees as may be prescribed by law, or in which he may have been of counsel, or in which he may have presided in any inferior court, except by consent of all the parties. In case all or any of the judges of the Supreme Court shall be thus disqualified from presiding on the trial of any cause or causes, the court, or the judges thereof, shall certify the same to the Governor of the State, and he shall forthwith specially commission the requisite number of men, of law knowledge, for the trial and determination thereof. The Legislature may, by general laws, make provision that special judges may be appointed to hold any court, the judge of which shall be unable or fail to attend or sit, or to hear any cause in which the judge may be incompetent.

Sec. 12. All writs and other process shall run in the name of the State of Tennessee, and bear test and be signed by the respective clerks. Indictments shall conclude, "against the peace and dignity of the State."

Sec. 13. Judges of the Supreme Court shall appoint their clerks, who shall hold their offices for six years. Chancellors shall appoint their clerks and masters, who shall hold their offices for six years. Clerks of the inferior courts, holden in the respective counties or districts, shall be elected by the qualified voters thereof, for the term of four years. Any clerk may be removed from office for malfeasance, incompetency or neglect of duty, in such manner as may be prescribed by law.

Sec. 14. No fine shall be laid on any citizen of this State, that shall exceed fifty dollars, unless it shall be assessed by a jury of his peers, who shall assess the fine at the time they find the fact, if they think the fine should be more than fifty dollars.

Sec. 15. The different counties of this State shall be laid off as the General Assembly may direct, into districts of convenient

size, so that the whole number in each county shall not be more than twenty-five, or four for every one hundred square miles. There shall be two justices of the peace and one constable elected in each district by the qualified voters therein, except districts including county towns, which shall elect three justices and two constables. The jurisdiction of said officers shall be co-extensive with the county. Justices of the peace shall be elected for the term of six, and constables for the term of two years. Upon removal of either of said officers from the district in which he was elected, his office shall become vacant from the time of such removal. Justices of the peace shall be commissioned by the Governor. The Legislature shall have power to provide for the appointment of an additional number of justices of the peace in incorporated towns.

ARTICLE VII.

State and County Officers.

Section 1. There shall be elected in each county, by the qualified voters therein, one sheriff, one trustee and one register; the sheriff and trustee for two years; but no person shall be eligible to the office of sheriff more than six years in any term of eight years. There shall be elected for each county, by the justices of the peace, one coroner and one ranger, who shall hold their offices for two years. Said officers shall be removed for malfeasance or neglect of duty, in such manner as may be prescribed by law.

Sec. 2. Should a vacancy occur, subsequent to an election, in the office of sheriff, trustee or register, it shall be filled by the justices; if in that of the clerk to be elected by the people, it shall be filled by the courts; and the person so appointed shall continue in office until his successor shall be elected and quali fied; and such office shall be filled by the qualified voters at the first election for any of the county officers.

Sec. 3. There shall be a Treasurer, or Treasurers, and a Comptroller of the treasury, appointed for the State, by the vote of both houses of the General Assembly, who shall hold their offices for two years.

Sec. 4. The election of all officers and the filling of all vacancies not otherwise directed or provided by this Constitution, shall be made in such manner as the Legislature shall direct.

Sec. 5. Elections for judicial and other civil officers shall be held on the first Thursday in August, one thousand eight hundred

and seventy, and forever thereafter on the first Thursday in August next preceding the expiration of their respective terms of service.

The term of each officer so elected shall be computed from the first day of September next succeeding his election. The term of office of the Governor and other executive officers shall be computed from the fifteenth of January next after the election of the Governor. No appointment or election to fill a vacancy shall be made for a period extending beyond the unexpired term. Every officer shall hold his office until his successor is elected or appointed and qualified. No special election shall be held to fill a vacancy in the office of judge or district attorney, but at the time herein fixed for the biennial election of civil officers. And such vacancy shall be filled at the next biennial election occurring more than thirty days after the vacancy occurs.

ARTICLE VIII.
Militia.

Section 1. All militia officers shall be elected by persons subject to military duty, within the bounds of their several companies, battalions, regiments, brigades and divisions, under such rules and regulations as the Legislature may, from time to time, direct and establish.

Sec. 2. The Governor shall appoint the Adjutant-General and his other staff officers; the major-generals, brigadier-generals and commanding officers of regiments shall respectively appoint their staff officers.

Sec. 3. The Legislature shall pass laws exempting citizens belonging to any sect or denomination of religion, the tennets of which are known to be opposed to bearing arms, from attending private and general musters.

ARTICLE IX.
Disqualifications.

Section 1. Whereas, Ministers of the gospel are, by their profession, dedicated to God and the care of souls, and ought not to be diverted from the great duties of their functions; therefore, no minister of the gospel or priest of any denomination whatever shall be eligible to a seat in either house of the Legislature.

Sec. 2. No person who denies the being of God, or a future state of rewards and punishments, shall hold any office in the civil department of this State.

Sec. 3. Any person who shall, after the adoption of this Constitution, fight a duel, or knowingly be the bearer of a challenge to fight a duel, or send, or accept a challenge for that purpose, or be an aider or abettor in fighting a duel, shall be deprived of the right to hold any office of honor or profit in this State, and shall be punished otherwise, in such manner as the Legislature may prescribe.

ARTICLE X.

Oath, Bribery of Electors, New Counties.

Section 1. Every person who shall be chosen or appointed to any office of trust or profit under this Constitution, or any law made in pursuance thereof, shall, before entering upon the duties thereof, take an oath to support the Constitution of this State and of the United States, and an oath of office.

Sec. 2. Each member of the Senate and House of Representatives shall, before they proceed to business, take an oath or affirmation to support the Constitution of this State and of the United States, and also the following oath: "I,

do solemnly swear (or affirm) that, as a member of this General Assembly, I will, in all appointments, vote without favor, affection, partiality or prejudice; and that I will not propose or assent to any bill, vote or resolution which shall appear to me injurious to the people, or consent to any act or thing whatever that shall have a tendency to lessen or abridge their rights and privileges as declared by the Constitution of this State."

Sec. 3. Any elector who shall receive any gift or reward for his vote, in meat, drink, money, or otherwise, shall suffer such punishment as the laws shall direct. And any person who shall, directly or indirectly, give, promise or bestow any such reward to be elected shall thereby be rendered incapable, for six years, to serve in the office for which he was elected, and be subject to such further punishment as the Legislature shall direct.

Sec. 4. New counties may be established by the Legislature, to consist of not less than two hundred and seventy-five square miles, and which shall contain a population of seven hundred qualified voters. No line of such county shall approach the courthouse of any old county from which it may be taken nearer than

eleven miles, nor shall said old county be reduced to less than five hundred square miles. But the following exceptions are made to the foregoing provisions, viz.: New counties may be established by the present or any succeeding Legislature out of the following territory, to wit: Out of that portion of Obion county which lies west of low-water mark of Reel Foot lake. Out of fractions of Sumner, Macon and Smith counties, but no line of such new county shall approach the court-house of Sumner or Smith counties nearer than ten miles, nor include any part of Macon county lying within nine and a half miles of the courthouse of said county, nor shall more than twenty square miles of Macon county, nor any part of Sumner county lying due west of the western boundary of Macon county be taken in the formation of said new county. Out of fractions of Grainger and Jefferson counties, but no line of such new county shall include any part of Grainger county north of Holston river, nor shall any line thereof approach the court-house of Jefferson county nearer than eleven miles; such new county may include any other territory which is not excluded by any general provisions of this Constitution. Out of fractions of Jackson and Overton counties, but no line of such new county shall approach the court-house of Jackson or Overton counties nearer than ten miles; nor shall such county contain less than four hundred qualified voters, nor shall the area of either of the old counties be reduced below four hundred and fifty square miles. Out of fractions of Roane, Monroe and Blount counties, around the town of Loudon, but no line of such new county shall ever approach the towns of Maryville, Kingston or Madisonville nearer than eleven miles, except that on the south side of Tennessee river said lines may approach as near as ten miles to the court-house of Roane county.

The counties of Lewis, Cheatham and Sequatchie, as now established by legislative enactments, are hereby declared to be constitutional counties. No part of Bledsoe county shall be taken to form a new county, or a part thereof, or be attached to any adjoining county.

That portion of Marion county included within the following boundaries: Beginning on the Grundy and Marion county line, at the Nick-a-jack trace, and running about six hundred yards west of Ben Posey's, to where the Tennessee coal railroad crosses the line, running thence south-east, through the Pocket,