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Section 25. In regard to the eligibility of
members of the General As
sembly. 26. No person holding any other
office under the government shall have a seat in the Gen
eral Assembly. 27. Any member of either house of
the General Assembly shall have the liberty to protest
against any act. 28. All property, real, personal or
mixed, shall be taxed. 29. The General Assembly shall
have the power to authorize the several counties and incorporated towns in this State
to impose taxes. 30. No article manufactured in this
State shall be taxed. 31. The credit of this State shall
not be loaned or given. 32. No convention or General As
sembly of this State shall act upon any amendment of the Constitution of the United States proposed by Congress
to the several States. 33. No bonds of this State shall be
issued to any railroad company.
Section 9. He may on extraordinary occa
sions convene the General As
sembly. 10. He shall see that the laws are
faithfully executed. 11. He shall give the General As
sembly information on such matters as he shall judge ex
pedient. 12. In case of the removal of the
Governor from office. 13. No person holding any other
office under the government shall execute the office of Gov
ernor. 14. The Governor shall have the
power to fill vacancies. 15. The seal of the State. 16. All grants and commissions
shall be sealed with the State seal and signed by the Gov.
ernor. 17. A Secretary of State shall be
appointed by joint vote of the
General Assembly. 18. Every bill shall be signed by the
1. Qualifications necessary to vote. 2. Laws may be passed excluding
from the right of suffrage persons who may be convicted of
infamous crimes. 3. When electors are privileged
from arrest. 4. In all elections of the General
Assembly the members thereof shall vote viva voce.
Erecutire Department. 1. The supreme executive power
of this State shall be vested
in the Governor. 2. The Governor shall be chosen by
the electors of the members
of the General Assembly. 3. The Governor shall be at least
thirty years of age. 4. His term of office. 5. He shall be Commander-in
Chief of the army and navy
of this State.' 6. He shall have the power to
grant reprieves and pardons. 7. His compensation. 8. He may require information in
writing from the members of the executive department.
Section 5. Justices of the peace and other
officers not hereinbefore mentioned shall be liable to indictment.
State and County Officere. Section 1. In regard to the election of
county officers. 2. Who shall have power to fill va
cancies. 3. The General Assembly shall
elect a Treasurer and a Comp
troller of the Treasury. 4. The election of all officers to fill
vacancies not heretofore provided for shall be made as the
Legislature may direct. 5. When the elections for judicial
and other civil officers shall be held.— The term of each officer so elected.
Judicial Department. 1. The judicial power of this State
shall be vested in the Supreme
Court. 2. The Supreme Court shall consist
of five judges. 3. The judges of the Supreme
Court shall be elected by the
qualified voters of the State. 4. How the judges of the Circuit
and Chancery Courts, etc.,
shall be elected. 5. An Attorney-General and re
porter for the State shall be appointed by the judges of the
Supreme Court. 6. The judges and attorneys for the
State may be removed from office by a concurrent vote of
both houses. 7. Compensation of the judges of the
Supreme and Inferior Courts. 8. The jurisdiction of the Circuit,
Chancery and other inferior
courts. 9. How judges shall charge juries. 10. Power of judges and justices of
inferior courts. 11. No judge of the Supreme or in
ferior courts shall preside at the trial of any cause in which
he may be interested. 12. All writs and other process shall
run in the name of the State
of Tennessee. 13. Judges of the Supreme Court
shall appoint their clerks. 14. In regard to the fines to be
levied. 15. The different counties in this
State shall be laid off as the
Section ness, take the oath or affirma- 10. In regard to a system of internal tion.
improvement. 3. In regard to bribes.
11. In regard to the possession of a 4. New counties may be established
homestead.- Shall be exempt by the Legislature.
from sale under legal process 5. In regard to the voting of citi
during the life of the head of zens who may be included in
a family. any new county.
12. In regard to education, literature
and science. ARTICLE XI.
13. In regard to fish and game laws Miscellaneous Provisions.
within the State. 1. All laws now in force shall re- 14. In regard to the intermarriage of main until they expire or are
white persons with negroes. repealed.
15. No person shall, in time of peace, 2. In regard to the validity of
be required to perform any debts or contracts.
service to the public. 3. Any amendment or amendments | 16. The declaration of rights, hereto to this Constitution may be
prefixed, is declared to be a proposed in the Senate
part of the Constitution. House of Representatives. 17. In regard to county offices cre4. In regard to the granting of di
ated by the Legislature. vorces.
THE SCHEDULE. 5. Lotteries illegal. 6. The Legislature shall have no
1. In regard to the term of office of
the State officers. power to change the names of
2. At the first election of judges persons.
under this Constitution there 7. The Legislature shall fix the
shall be elected six judges of rate of interest, which shall be
the Supreme Court.- In regard uniform throughout the State.
to a vacancy.- The Attorney8. The Legislature shall have no
General and reporter of the power to suspend any general | State. law for the benefit of any par- 3. Every judge and officer of the ticular individual.
executive department shall 9. The power of the Legislature in
take the oath of office. regard to private and local 4. In regard to the statutes of limimatters.
Whereas, The people of the territory of the United States south
of the River Ohio, having the right of admission into the general government as a member State thereof, consistent with the Constitution of the United States and the act of cession of the State of North Carolina, recognizing the ordinance for the government of the territory of the United States north-west of the Ohio river, by their delegates and representatives in convention assembled, did, on the sixth day of February, in the year of our Lord one thousand seven hundred and ninety-six, ordain and establish a Constitution or form of government, and mutually agreed with each other to form themselves into a fre and independent State by the name of the State of Tennessee;
and Whereas, The General Assembly of the said State of Tennessee
(pursuant to the third section of the tenth article of the Constitution), by an act passed on the 27th day of November, in the year of our Lord one thousand eight hundred and thirty-three, entitled “An act to provide for the calling of a convention, passed in obedience to the declared will of the voters of the State, as expressed at the general election of August, in the year of our Lord one thousand eight hundred and thirty-three, did authorize and provide for the election by the people of dele gates and representatives, to meet at Nashville, in Davidson county, on the third Monday in May, in the year of our Lord one thousand eight hundred and thirty-four, for the purpose of revising and amending or changing the Constitution; and said convention did accordingly meet and form a Constitution, which was submitted to the people, and was ratified by them on the first Friday in March in the year of our Lord one thousand eight
hundred and thirty-five; and Whereas, The General Assembly of said State of Tennessee,
under, and in virtue of the first section of the first article of the Declaration of Rights, contained in and forming a part of the existing Constitution of the State, by an act passed on the 15th day of November, in the year of our Lord, one thousand eight hundred and sixty-nine, did provide for the calling of a conven. tion by the people of the State, to meet at Nashville on the second Monday in January, in the year of our Lord, one thousand eight hundred and seventy, and for the election of dele. gates for the purpose of amending or revising the present Con.
stitution, or of forming and making a new Constitution; and Whereas, The people of the State, in the mode provided by
said act, have called said convention, and elected delegates to
represent them therein: Now, therefore We, the delegates and representatives of the people of the State
of Tennessee, duly elected and in convention assembled, in pursuance of said act of Assembly, have ordained and established the following Constitution and form of government for this State, which we recommend to the people of Tennessee for their ratification: That is to say
Declaration of Rights. Section 1. That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety and happiness; for the advancement of those ends they have at all times an unalienable and indefeasible right to alter, reform or abolish the government in such manner as they may think proper.
Sec. 2. That government being instituted for the common benefit, the doctrine for non-resistance against arbitrary power and oppression is absurd, slavish and destructive of the good and happiness of mankind.
Sec. 3. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own conscience; that no man can, of right, be compelled to attend, erect, or support any place of worship, or to maintain any min. ister against his consent; that no human authority can, in any case whatever, control or interfere with the rights of conscience; and that no preference shall ever be given by law, to any relig. ious establishment or mode of worship.
Sec. 4. That no political or religious test, other than an oath to support the Constitution of the United States and of this State, shall ever be required as a qualification to any office or public trust under this State.
Sec. 5. That elections shall be free and equal, and the right of suffrage, as hereinafter declared, shall never be denied to any person entitled thereto, except upon a conviction by a jury of some infamous crime, previously ascertained and declared by law, and judgment thereon by a court of competent jurisdiction.
Sec. 6. That the right of trial by jury shall remain inviolate, and no religious or political test shall ever be required as a quali. fication for jurors.
Sec. 7. That the people shall be secure in their persons, houses, papers and possessions, from unreasonable searches and seizures; and that general warrants, whereby an officer may be commanded to search suspected places, without evidence of the fact com. mitted, or to seize any person or persons not named, whose offenses are not particularly described and supported by evidence, are dangerous to liberty, and ought not to be granted.
Sec. 8. That no man shall be taken or imprisoned, or disseized of his freehold, liberties or privileges, or outlawed, or exiled, or,