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 any 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Union of the United States of America are hereby abrogated and annulled, and that all obligations on our part be withdrawn therefrom; and we do hereby resume all the rights, functions, and powers which by any of said laws and ordinances were conveyed to the Government of the United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 t he 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 any county in the State where they may be in active service, or under orders, or on parole, at the time of said election, and all other voters shall vote in the county where they reside, as now required by law in voting for members to the General Assembly.
Sec. 5. Be it further enacted, That at the same time and under the rules and regulations prescribed for the election hereinbefore ordered, the following ordinance shall be submitted to the popular vote, to wit:
AN ORDINANCE for the adoption of the Constitution of the Provisional Government of the Confederate States of America.
We, the people of Tennessee, solemnly impressed by the perils which surround us, do hereby adopt and ratify the Constitution of the Provisional Government of the Confederate States of America, ordained and established at Montgomery, Ala., on the 8th day of February, 1861, to be in force during the existence thereof or until such time as we may supersede it by the adoption of a permanent constitution.
SEC. 6. Be it further enacted, That those in favor of the adoption of said Provisional Constitution, and thereby securing to Tennessee equal representation in the deliberations and councils of the Confederate States, shall have written or printed on their ballots the word "Representation;" those opposed, the words "No representation."
Sec. 7. Be it further enacted, That in the event the people shall adopt the Constitution of the Provisional Government of the Confederate States at the election herein ordered, it shall be the duty of the Governor forthwith to issue writs of election for delegates to represent the State of Tennessee in the said Provisional Government; that the State shall be represented by as many delegates as it was entitled to members of Congress to the recent Congress of the United States of America, who shall be elected from the several Congressional districts as now established by law, in the mode and manner now prescribed for the election of members of the Congress of the United States.
Sec. 8. Be it further enacted, That this act take effect from and after its passage.
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 any 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 t he 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 any county in the State where they may be in active service, or under orders, or on parole, at the time of said election, and all other voters shall vote in the county where they reside, as now required by law in voting for members to the General Assembly.
Sec. 5. Be it further enacted, That at the same time and under the rules and regulations prescribed for the election hereinbefore ordered, the following ordinance shall be submitted to the popular vote, to wit:
AN ORDINANCE for the adoption of the Constitution of the Provisional Government of the Confederate States of America.
We, the people of Tennessee, solemnly impressed by the perils which surround us, do hereby adopt and ratify the Constitution of the Provisional Government of the Confederate States of America, ordained and established at Montgomery, Ala., on the 8th day of February, 1861, to be in force during the existence thereof or until such time as we may supersede it by the adoption of a permanent constitution.
SEC. 6. Be it further enacted, That those in favor of the adoption of said Provisional Constitution, and thereby securing to Tennessee equal representation in the deliberations and councils of the Confederate States, shall have written or printed on their ballots the word "Representation;" those opposed, the words "No representation."
Sec. 7. Be it further enacted, That in the event the people shall adopt the Constitution of the Provisional Government of the Confederate States at the election herein ordered, it shall be the duty of the Governor forthwith to issue writs of election for delegates to represent the State of Tennessee in the said Provisional Government; that the State shall be represented by as many delegates as it was entitled to members of Congress to the recent Congress of the United States of America, who shall be elected from the several Congressional districts as now established by law, in the mode and manner now prescribed for the election of members of the Congress of the United States.
Sec. 8. Be it further enacted, That this act take effect from and after its passage.
W. C. WHITTHORNE,
Speaker of the House of Representatives.
B. L. STOVALL,
Speaker of the Senate.
Speaker of the House of Representatives.
B. L. STOVALL,
Speaker of the Senate.
Passed May 6, 1861.
SOURCE: The War of the Rebellion: A Compilation of the official records of the Union and Confederate Armies, Series IV – Volume I, p. 290-1
SOURCE: The War of the Rebellion: A Compilation of the official records of the Union and Confederate Armies, Series IV – Volume I, p. 290-1
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