Section 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.

Section 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 15th 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 recurring more than thirty days after the vacancy occurs.

Under Constitution 1834 as amended in 1853, Judges and Attorneys General were to be elected on days "separate and apart" from those "prescribed" for elections of other State and County officers.

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.

Section 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.

Section 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.

Section 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.

Section 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.

OATHS-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.

Section 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 be 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."

Section 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.

Section 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 Court house 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 Court house 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 provision of this constitution out of fractions of Jackson and Overton Counties but no line of such new county shall approach the courthouse 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