SECTION I. ARTICLE XVI. GENERAL PROVISIONS. Members of the legislature and all officers, before they enter upon the duties of their offices, shall take the following oath or affirmation: "I, do solemnly swear (or affirm), that I will faithfully and impartially discharge and perform all the duties incumbent upon me as........, according to the best of my skill and ability, agreeably to the constitution and laws of the United States and of this state; and I do further solemnly swear (or affirm), that since the adoption of the constitution of this state, I, being a citizen of this state, have not fought a duel with deadly weapons, within this state nor out of it, nor have I sent or accepted a challenge to fight a duel with deadly weapons, nor have I acted as second in carrying a challenge, or aided, advised or assisted any person thus offending: And I furthermore solemnly swear (or affirm), that I have not, directly nor indirectly, paid, offered or promised to pay, contributed nor promised to contribute, any money or valuable thing, or promised any public office or employment, as a reward for the giving or withholding a vote at the election at which I was elected (or, if the office is one of appointment, to secure my appointment): So help me God." See where, in a written circular, a party promised, that if elected he would not charge ex-officio fees. Bland v. St., 38 S. W. R., 252, 38 Cr. App., 253. Where a criminal case is tried by a special judge and the record fails to show that he took the oath of office, though it does show his appointment, by the governor, a conviction will be reversed. Weatherford v. St., 28 S. W. R., 814. This section makes a distinction between the right to an office and the right to enter upon the duties of an office. St. v. Cocke, 54 T., 486. SEC. 2. Laws shall be made to exclude from office, serving on juries, and from the right of suffrage, those who may have been or shall hereafter be convicted of bribery, perjury, forgery or other high crimes. The privilege of free suffrage shall be protected by laws regulating elections, and prohibiting under adequate penalties all undue influence therein from power, bribery, tumult, or other improper practice. This section only requires suitable legislation, excluding from the various privileges of citizenship, persons who are convicted of the felony therein specified. Easterwood v. St., 31 S. W., 295. This section and Art. 6, Sec. 1, do not antagonize one another. Id. SEC. 3. The legislature shall make provision whereby persons convicted of misdemeanors and committed to the county jails in default of payment of fines and costs, shall be required to discharge such fines and costs by manual labor, under such regulations as may be prescribed by law. This section is not a limitation on the power of the legislature to provide that manual labor may be required of misdemeanor convicts, when the punishment is confinement in the county jail for more than one day. Ex parte Bates, 37 Cr. App., 548, 40 S. W. R., 268. SEC. 4. Any citizen of this state who shall, after the adoption of this constitution, fight a duel with deadly weapons, or send or accept a challenge to fight a duel with deadly weapons, either within this state or out of it, or who shall act as second, or knowingly assist in any manner those thus offending, shall be deprived of the right of suffrage, or of holding any office of trust or profit under this state. SEC. 5. Every person shall be disqualified from holding any office of profit or trust in this state, who shall have been convicted of having given or offered a bribe to procure his election or appointment. This section does not warrant the removal of a respondent from office, on the charge of bribery, before there has been a legal conviction for the offense. St. v. Humphries, 74 T., 469, 12 S. W. R., 99. |