768 



TENNESSEE. 



2. Many of the delegates now present inform us 

 (hat no meetings were held in their counties author- 

 izing them to act in a representative character, and 

 that they are here only as individual members of the 

 Union organization of the State. 



3. We feel the danger of treading in the footsteps 

 even by implication of the leaders of the rebel- 

 lion in the State of Tennessee, under Isham G-. 

 Harris, who inaugurated and set on foot the ordi- 

 nance of secession by the legislative body, then 

 assembled, and its subsequent ratification by the 

 people on June 8th, 1801, and whose action was 

 openly and publicly condemned by us because of its 

 revolutionary, rebellious, and unauthorized charac- 

 ter. 



4. The majority of your committee, we under- 

 stand, agree with us in the legality of the course 

 hereafter proposed by us, whilst we cannot agree 

 with them in the assumed right and power of resolv- 

 ing ourselves into a constitutional convention, 

 clothed with the authority of changing the organic 

 and fundamental law of the State, and thereby de- 

 priving the people of the rights which belong to 

 them alone. For these reasons and many others 

 which will readily suggest themselves to the mind 

 of the intelligent 'loyalist, we offer this resolution: 



Resolved, That the acting Governor of the State of Ten- 

 nessee be instructed and requested to issue writs of election 

 to be holdcn on the 22d day of February, 1 865, for the elec- 

 tion of one hundred delegates on the general ticket system, 

 who shall assemble at Nashville on the 4th day of Man-h 

 thereafter, to take into consideration such measures as will 

 make the organic law of the State homogeneous with the 

 liberal policy of the Government of the United States, 

 their action to bo submitted to the people for ratification or 

 rejection on April 2Uth, 1805. 



The amendments to the Constitution recom- 

 mended by the report of the majority proposed 

 the abolition of slavery; the appointment by 

 the Governor and Senate of judges of the Su- 

 preme Court ; the qualification of voters, allow- 

 ing all persons of color who could be witnesses 

 to vote ; together with a schedule of measures 

 relating to local concerns of the State. 



On Thursday, the fourth day, January 12th, 

 18G5, the various propositions w%re discussed, 

 and at night the Convention adjourned to hear 

 an address from Governor Johnson. 



On the next day, Friday, the question of 

 power in the Convention was discussed during 

 the forenoon, when the business committee 

 withdrew the report of the majority, and sub- 

 stituted a revised report, which proposed merely 

 the abolition of slavery. After some discussion 

 the question was taken on a motion to substi- 

 tute resolutions of Col. Butler for the amended 

 report of the business committee. These res- 

 olutions declared distinctly that the Conven- 

 tion would exceed its powers by taking the 

 action proposed in the majority report. The 

 vote was 113 for the resolutions and 161 against 

 them. Many delegates had gone home. Says 

 one correspondent : " The great speech of 

 Gov. Johnson fixed the course of action irrevo- 

 cably. The party favorable to postponement 

 gradually crumbled away, lost its identity, and 

 on the final vote upon the amended resolutions 

 manifested nearly as much enthusiasm as their 

 original supporters." The report of the com- 

 mittee adopted was as follows : 



The first Article and the first Section of the Decla- 

 ration of Rights in the Constitution of the State of 

 Tennessee, declares: "That all power is inherent in 



the people, and all free governments are founded on 

 their authority, and instituted for their peace, safety, 

 and happiness; and for the advancement of these 

 ends they have at all times an inalienable and in- 

 defeasible right to alter, reform, or abolish the Gov- 

 ernment in such manner as they may think proper." 

 Therefore, a portion of the citizens of the State of 

 'Tennessee and of the United States of America in 

 convention assembled, do propound the following 

 alterations and amendments to the constitution, 

 which, when ratified by the sovereign loyal people, 

 shall be and constitute a part of the permanent Con- 

 stitution of the State of Tennessee. 



PHOPOSKD ALTERATIONS ANn AMENDMENTS. 



ART. 1, Sec. 1. That slavery and involuntary ser- 

 vitude, except as a punishment for crime, where the 

 party shall have been duly convicted, are hereby for- 

 ever abolished and prohibited throughout the State. 



Sec. 2. The Legislature shall make no law recog- 

 nizing the right of property in man. 



There was also adopted a schedule which re- 

 pealed the section of the Constitution which 

 forbid the General Assembly to pass emanci- 

 pation laws ; annulled the military league made 

 with the Confederate States ; also the dec- 

 laration of independence and secession ordi- 

 nance ; suspended the statute of limitations 

 from May, 1801 ; actions for torts began by at- 

 tachments, may proceed without personal ser- 

 vice of process on the defendant ; annulled all 

 laws and ordinances of the seceded State Gov- 

 ernment; deprived the Legislature of power to 

 pay bonds, interest, or debts contracted or is- 

 sued by the seceded State Government, and 

 affirmed all civil and military appointments of 

 Gov. Johnson. These amendments were to be 

 submitted to a vote of the people on February 

 22d; and if adopted by the people, a State elec- 

 tion was to be held on March 4th ensuing, for 

 Governor and members of the Legislature, the 

 latter to be voted for by general ticket upon 

 the basis prescribed by act of February 19th, 

 1852. The Legislature was required to assem- 

 ble on April 3d. 



The following resolutions accompanied the 

 amendments and schedule relating to voters : 



Resolved, That the elections in the several counties 

 shall be held at their county seats, or other conven- 

 ient places in the counties, by the following named 

 persons, to wit : 



fiesolved, That when the above amendment of the 

 Constitution of the State of Tennessee shall be sub- 

 mitted to the qualified voters of the State for their 

 ratification or rejection, and at the first election held 

 under said Constitution as amended if ratified by the 



Eeople, no person shall be permitted to vote unless 

 e first take the following oath at the polls ; and the 

 name of each voter shall be written upon the back 

 of his ticket, and it shall be the duty of judges and 

 clerks of said elections to preserve said tickets and 

 file them with the clerks of the county courts of their 

 respective counties for future reference. Provided, 

 however, That this oath shall not be required of 

 the citizens who are well known to the judges of the 

 election to have been unconditional Union men. 

 Provided, also, that voters otherwise qualified, may 

 vote within any county of the State, and if in the 

 military service, wherever they may be on the day 

 of election, and that the commanding officer of each 

 regiment, battalion, detachment, battery, or hospital, 

 is empowered to hold such elections. 



I solemnly swear that I will henceforth support the Con- 

 stitution of the United States, and defend it against the as- 



