SEC. 10. Judges of the supreme court shall appoint their clerks, who shall hold their offices for the period of six years.

Chancellors (if any such court be established) shall appoint their clerks, who shall hold their offices for the period of six years.

Clerks of such inferior courts as may be hereafter established, which shall be required to be holden in the respective counties of this State, shall be elected by the qualified voters thereof, and shall hold their offices for the term of four years and be re-eligible, and shall be removed from office for malfeasance or neglect, in such manner as may be prescribed by law.

SEC. 11. 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 over fifty dollars.

SEC. 12. The different counties in 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 less than ten nor more than twenty-five, or four for every one hundred square miles. There shall be two justices of the peace and one constable elected for each district by the qualified voters therein, except districts including county towns, which shall elect two constables. The justices of the peace shall be elected for the term of six and the constables for the term of two years. And upon the removal of either of said officers from the district for which he was elected, his office shall become vacant from the date of such removal.

ARTICLE VI.

SEC. 1. There shall be one sheriff elected in each county, by the qualified voters therein, for the term of two years: Provided, that no person shall be eligible to the office of sheriff more than four years in any term of six years: And provided also, that said officer shall be removed for malfeasance or neglect in office, in such manner as may prescribed by law.

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There shall be elected in each county, by the qualified voters therein, one trustee and one register-the trustee for two and the register for four years, and both re-eligible.

There shall be elected for each county, by the justices of the peace therein, one coroner and one ranger, to hold their offices for two years, and be re-eligible.

SEC. 2. There shall be a treasurer or treasurers appointed for the State, who shall hold his or their offices for two years.

SEC. 3. The election of all other officers not otherwise directed by this Constitution, shall be made in such manner as the Legislature shall direct.

ARTICLE VII.

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

SEC. 2. The governor shall appoint the adjutant general; the majors general shall appoint their aids; the brigadiers general shall appoint their brigade majors; and the commanding officers of regiments their adjutants and quarter masters.

SEC. 3. Company and field officers of the cavalry shall be elected by the troops under their respective commands: Provided, that whenever any new county is laid off, the field officers of the said cavalry shall appoint the captain and other officers therein, pro tem., until the company is filled up and completed; at which time the election of the captain and subalterns shall take place as aforesaid.

SEC. 4. The Legislature shall pass laws, exempting citizens belonging to any sect or denomination of religion, the tenets of which are known to be opposed to the bearing of arms, from attending private and general musters.

ARTICLE VIII.

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 a God, or a future state of rewards and punishments, shall hold any office in the civil department of this State.

SEC. 3. Any person being a citizen of this State, or a resident therein, 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 and abettor in fighting a duel, shall be deprived of all the rights and privileges of citizenship in this State.

ARTICLE IX.

SECTION 1. That every person who shall be chosen or appointed to any office of trust or profit nnder this constitution, or any law made in pursuance thereof, shall, before entering on the duties thereof, take an oath to support the Constitution of this State and of the United States, an oath of office, and also the following: "I (A B) do solemnly swear, (or affirm) that I have not either directly or indirectly, given, promised or bestowed any gift or reward in meat, drink, money, or

otherwise, to be elected to the office, upon the discharge of the duties of which, I am now about to enter."

SEC. 2. That 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 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, snall 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 no less than four hundred square miles; and such new county not to approach the court house of an old county or counties nearer than twelve and one-half miles, or reduce the size of such older county or counties to less than six hundred and twenty-five square miles, except in such special cases, (if any) as may hereinafter be provided for by this Constitution.

No part of an old county er counties shall be taken off to form part of a new one, without the consent of a majority of the qualified voters of such part of the old county or counties.

ARTICLE X.

SECTION I. All laws and ordinances now in force and use in this State, not inconsistent with this Constitution, shall continue in force and use in this State, until they shall expire, be altered or repealed by the Legislature.

SEC. 2. Any amendment or amendments to this Constitution, may be proposed in the Senate or House of Representatives; and if the same shall be agreed to by a majority of all the members elected to each of the two Houses, such proposed amendment or amendments shall be entered on their journals, with the yeas and nays thereon, and referred to the General Assembly then next to be chosen; and shall be published for six months previous to the time of making such choice. And if in the General Assembly next chosen as aforesaid, such proposed amendinent or amendments shall be agreed to by twothirds of all the members elected to each House, then it shall be the duty of the General Assembly to submit such proposed amendment

or amendments to the people, in such manner and at such time as the General Assembly shall prescribe. And if the people shall approve and ratify such amendment or amendments by a majority of all the citizens of the State, voting for representatives, voting in their favor, such amendment or amendments shall become part of this Constitution. When any amendment or amendments to the Constitution shall be proposed in pursuance of the foregoing provisions, no other shall be proposed by a subsequent Legislature until the first have been finally disposed of by ratification or rejection: provided, that the said proposed amendment or amendments shall at each of the said sessions have been read three times on three several days in each House: and, provided further, that the Legislature shall not propose to the people amendments to the Constitution, oftener than once in six years. SEC. 3. The Declaration of Rights hereto prefixed, is declared to be a part of the Constitution of this State, and shall never be violated on any pretence whatever. And to guard against transgression of the high powers we have delegated, we declare that every thing in the Bill of Rights contained, is excepted out of the general powers of government, and shall forever remain inviolate.

SCHEDULE.

SECTION 1. That no inconvenience may arise from a change of the Constitution, it is declared, that all laws now in force and use in this State, all officers of every denomination, whether civil or military, and all the functions appertaining to any of the officers in any of the departments of the government, whether civil or military, shall be exercised and performed according to the existing laws and Constitution, until the end of the first session of the General Assembly, which shall sit under this Constitution, and their successors elected and qualified; and until the government can be re-organized and put into operation under this Constitution, in such manner as the first General Assembly aforesaid shall prescribe.

SEC. 2. Until a land office shall be opened, so as to enable the citizens south and west of the Congressional reservation line, to obtain titles upon their claims of occupancy, those who hold lands by virtue of such claims, shall be eligible to serve in all capacities, where a freehold is by the laws of the State, made a requisite qualification.

And the committee ask to be discharged from the further consideration of the subjects referred to them for examination. All which is respectfully submitted:

NEWTON CANNON, Chairman.

On motion of Mr. LEDBETTER,

Ordered, That one hundred and twenty copies of the foregoing Report be printed for the use of the Convention.

Mr. HUNTSMAN submitted the following, in lieu of the resolution heretofore submitted by him, (to wit:)

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Resolved, That the Legislature shall so provide that the election of such county and other officers, as shall be given to the people by this Constitution, shall not take place at the same time that the general elections are held for members of Congress, members of the Legislature, and for Governor.

Mr. FULTON moved to strike out the word "shall," for the purpose of inserting the word "may," so as to leave it discretionary with the Legislature; which motion was rejected.

The resolution was thereupon adopted without amendment,
Mr HUNTSMAN also submitted the following:

Resolved, That all contested elections which may arise under the new Constitution (either for seats in the Legislature or for other offices) shall be tried and determined in the county or district where said contests may arise; by such courts of law or equity as the Legislature shall provide.

And the rule requiring resolutions to lie one day on the table, being suspended on motion of Mr. HUNTSMAN, the said resolution was adopted.

Mr. NELSON submitted the following:

Whereas, it is important that this Convention should bring its labors to a close as soon as possible, consistently with a proper regard to the safe and correct discharge of its duty; therefore,

Resolved, That so soon as the basis of Representation is finally settled, a Committee consisting of one from each Senatorial district, be appointed for the purpose of laying off the Senatorial and Representative districts in this State, and that said Committee report to this Convention.

And the rule being suspended, said resolution was adopted.
Mr. HUNTSMAN submitted the following:

Resolved, That the Constitution be so amended, that all the funds which have been heretofore appropriated, and all that may be hereafter appropriated, to the purposes of Education, shall not be diverted by the Legislature to any other purpose whatever.

Mr. WEAKLEY submitted the following:

Resolved, That a Comptroller of Public Accounts shall be biennially appointed by the General Assembly, who shall settle and adjust all public accounts and demands, except grants and orders of the General Assembly. He shall prescribe the mode of keeping and rendering all public accounts; he shall be ex officio one of the Auditors of the accounts of the Treasurer resident at the Seat of Government, and of other district Treasurers of the State. The General Assembly may assign to him other duties in relation to his office, and to that of the Treasurer, and shall prescribe the manner in which his duties shall be performed; and a statement of all receipts, payments, funds, State and county taxes and debts of the State, shall be published, from time to time, in such manner and at such periods as shall be prescribed by law, and particularly at each stated session of the General Assembly.