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[203] Davidson, Williams of Knox, Wisener, and Woodard.

Absent and not voting--Messrs. Barksdale, Beaty, Bennett, Britton, Critz, Doak, East, Gillespie, Harris, Hebb, Johnson, Kincaid of Anderson, Kincaid of. Claiborne, Trewhitt, White of Dickson, Williams of Franklin, Williams of Hickman, and Williamson.

an act to submit to A vote of the PEOple a Declaration of Independence, and for other purposes.

section 1. Be it enacted by the General Assembly of the State of Tennessee, That, immediately after the passage of this Act, the Governor of this State shall by proclamation, direct the sheriffs of the several counties in this State to open and hold an election at the various voting precincts in their respective counties on the 8th day of June, 1861; that said sheriffs, or in the absence of the sheriffs, the coroner of the county, shall immediately advertise the election contemplated by this Act; that said sheriffs appoint a deputy to hold said election for each voting precinct, and that said deputy appoint three judges and two clerks for each precinct, and if no officer shall from any cause attend any voting precinct, to open and hold said election, then any justice of the peace, or, in the absence of a justice of the peace, any respectable freeholder may appoint an officer, judges, and clerks to open and hold said election. Said officers, judges, and clerks, shall be sworn as now required by law, and who, after being so sworn, shall open and hold an election, open and close at the time of day and in the manner now required by law in elections for members to the General Assembly.

Sec. 2. Be it further enacted, That at said election the following declaration shall be submitted to a vote of the qualified voters of the State of Tennessee, for their ratification or rejection:

Declaration of Independence and Ordinance dissolving the Federal relations between the State of Tennessee and the United States of America.

First: We, the people of the State of Tennessee, waiving an expression of opinion as to the abstract doctrine of secession, but asserting the right as a free and independent people to alter, reform, or abolish our form of Government in such manner as we think proper, do ordain and declare that all the laws and ordinances by which the State of Tennessee became a member of the Federal Union of the United States of America, are hereby abrogated and annulled, and that all obligations on our part be withdrawn therefrom; and we do hereby resume all the rights, functions, and powers which by any of said laws and ordinances were conveyed to the Government of the United States, and absolve ourselves from all the obligations, restraints, and duties incurred thereto; and do hereby henceforth become a free, sovereign, and independent State.

Second: We furthermore declare and ordain, that Article 10, sections 1 and 2 of the Constitution of the State of Tennessee, which requires members of the General Assembly, and all officers, civil and military, to take an oath to support the Constitution of the United States, be and the same are hereby abrogated and annulled, and all parts of the Constitution of the State of Tennessee, making citizenship of the United States a qualification for office, and recognizing the Constitution of the United States as the supreme law of this State, are in like manner abrogated and annulled.

Third: We furthermore ordain and declare, that all rights acquired and vested under the Constitution of the United States, or under any act of Congress passed in pursuance thereof, or under any laws of this State, and not incompatible with this ordinance, shall remain in force and have the same effect as if this ordinance had not been passed.

Sec. 3. Be it further enacted, That said election shall be by ballot, that those voting for the Declaration and Ordinance shall have written or printed on their ballots “Separation,” and those voting against it, shall have written or printed on their ballots “No separation.” That the clerks holding said election, shall keep regular scrolls of the voters as now required by law in the election of members to the General Assembly; that the clerks and judges shall certify the same with the number of votes for “Separation,” and the number of votes “No separation.” The officer holding the election, shall return the same to the sheriff of the county, at the county seat, on the Monday next after the election. The sheriff shall immediately make out, certify, and send to the Governor the number of votes polled, and the number of votes for “Separation,” and the number “No separation,” and file one of the original scrolls with the Clerk of the County Court; that upon comparing the vote by the Governor in the office of the Secretary of State, which shall be at least by the 24th day of June, 1861, and may be sooner if the returns are all received by the Governor, if a majority of the votes polled shall be for “Separation,” the Governor shall, by his proclamation, make it known, and declare all connection by the State of Tennessee with the Federal Union dissolved, and that Tennessee is a free, independent government, free from all obligations to, or connection with the Federal Government. And that the Governor shall cause “the vote by counties” to be published, the number for “Separation,” and the number “No separation,” whether a majority votes for “Separation,” or “No separation.”

Sec. 4. Be it further enacted, That in the election to be held under the provisions of this act upon the Declaration submitted to the people, all volunteers and other persons connected with the service of this State qualified to vote for members of the Legislature in the counties where they reside, shall be entitled to vote in


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