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form themselves into a free and independent State, by the name of the State of Tennessee; and
WHEREAS, The General Assembly of said State of Tennessee, (pursuant to the third Section of the tenth Article of the Constitution, by an act passed on the twenty-seventh 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," did authorize and provide for the election by the people of delegates 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
WHEREAS, The General Assembly of the 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 Constitueion of the State, by an act passed on the fifteenth day of November, in the year of our Lord one thousand eight hundred and sixty-nirie, entitled, “An Act to authorize the people to call a Convention, and for other purposes," did authorize the people of the State to call a Convention, to meet at Nashville, on the second Monday in January, in the year of our Lord one thousand eight hundred and seventy, and to elect delegates thereto, for the purpose of amending, revising, or forming and making a new Constitution; and
WHEREAS, The people of the State, in pursuance of, and in the mode-authorized 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
Sec. 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 of 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 minister against his consent ; that no human authority can, in any case whatever, control or interfere with the rights of conscience; and that no pre ference shall ever be given, by law, to any religious establishment or mode of worship.
Sec. 4. That no religious or political 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 the judgment thereon by a court of compentent jurisdiction.
Sec. 6. That the right of trial by jury shall remain inviolate.
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 committed, or to seize any person or persons not named, whose offences 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 in any manner destroyed, or deprived of his life, liberty, or property, but by the judgment of his peers, or the law of the land.
Sec. 9. That in all criminal prosecutions, the accused hath a right to be heard by himself and his counsel ; to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses face to face; to have compulsory process for obtaining witnesses in his favor; and in prosecutions by indictment or presentment, a speedy public trial by an impartial jury of the County or District in which the crime shall have been committed, unless the same shall be changed, for good cause, to another County or District in the mode to be prescribed by a general public law, passed before the alleged commission of the offense; and shall not be compelled to give evidence against himself.
Sec. 10. That no person shall, for the same offence, be twice put in jeopardy of life or limb.
Sec. 11. That laws made for the punishment of acts committed previous to the existence of such laws, and by them only declared criminal, are contrary to the principles of a free government; wherefore no ex post facto law shall be made.
Sec. 12. That no conviction shall work corruption of blood or forfeiture of estate. The estate of such persons as shall destroy their own lives shall descend or vest as in case of natural death. If any person be killed by casualty, there shall be no forfeiture in con
Sec. 13. That no person arrested and confined in jail shall be treated with unnecessary rigor.
Sec. 14. That no citizen shall be put to answer any criminal charge but by presentment, indictment or impeachment.
Sec. 15. That all prisoners shall be bailable by sufficient sureties, unless for capital offenses, when the proof is evident or the presumption great. And the privilege of the writ of habeas corpus shall not be suspended, unless when in case of rebellion or invasion the General Assembly shall declare the public safety requires it.
Sec. 16. That excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Sec. 17. That all courts shall be open; and every man, for an injury done him in his lands, goods, person or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial or delay. Suits may be brought against the State, in such manner and in such courts as the Legislature may, law, direct.
Sec. 18. That the person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison after delivering up his estate for the benefit of his creditor or creditors, in such manner as shall be prescribed by law.
Séc 19. That the printing presses shall be free to every person who undertakes to examine the proceedings of the Legislature, or of any branch or officer of the government; and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man, and every citizen may freely speak, write and print on any subject, being responsible for the abuse of that liberty. But in prosecutions for the publication of papers investigating the official conduct of officers or men in public capacity, the truth thereof may be given in evidence; and in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other criminal cases.
Sec. 20. That no retrospective law, or law impairing the obligations of contracts, shall be made.
Sec. 21. That no man's particular services shall be demanded, or property taken, or applied to public use, without the consent o his representatives, or without just compensation being made therefor.
Sec. 22. That perpetuities and monopolies are contrary to the genius of a free State, and shall not be allowed.
Sec. 23. That the citizens have a right in a peaceable manner to assemble together for their common good, to instruct their representatives, and to apply to those invested with the powers of govern
ment for redress of grievances, or other purposes, by address or re
Sec. 24. That the sure and certain defense of a free people is a well regulated militia ; and, as standing armies in time of peace are dangerous to freedom, they ought to be avoided as far as the circumstances and safety of the community will admit; and that in all cases the military shall be kept in strict subordination to the civil authority.
Sec. 25. That no citizen of this State, except such as are employed in the army of the United States, or militia in actual service, shall be subjected to punishment under the martial law.
Sec. 26. That the citizens of this State have a right to keep and to bear arms for their common defense.
Sec. 27. That no soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in a manner prescribed by law.
Sec. 28. That no citizen of this State shall be compelled to bear arms, provided he will pay an equivalent to be ascertained by law.
Sec. 29. That an equal participation of the free navigation of the Mississippi is one of the inherent rights of the citizens of this State; it cannot, therefore, be conceded to any prince, potentate, power, person or persons whatever.
Sec. 30. That no hereditary emoluments, privileges or honors, shall ever be granted or conferred in this State.
Sec. 31. That the limits and boundaries of this State be ascertained, it is declared they are as heretofore mentioned, that is to say: Beginning on the extreme height of the Stone Mountain, at the place where the line of Virginia intersects it, in latitude thirtysix degrees and thirty minutes north ; running thence along the extreme height of said mountain, to the place where Watauga River breaks through it; thence in a direct course to the top of the Yellow Mountain, where Bright's road crosses the same; thence along the ridge of said mountain, between the waters of Doe River and the waters of Rock Creek, to the place where the road crosses the Iron Mountain ; from thence along the extreme height of said mountain, to the place where Nolichucky River runs through the same; thence to the top of the Bald Mountain ; thence along the extreme height of said mountain, to the Painted Rock, on French Broad River; thence along the highest ridge of said mountain, to the place where it is called the Great Iron or Smoky Mountain; thence along the extreme height of said mountain, to the place where it is called Unicoi or Unaka Mountain, between the Indian towns of Cowee and Old Chota ; thence along the main ridge of said mountain, to the southern boundary of this State, as described in the act of cession of North Carolina to the United States; and that all the territory, lands and waters lying west of said line, as before mentioned, and contained within the chartered limits of the State of North Carolina, are within the boundaries and limits of this State, cver which the people have the right of exercising sovereignty, and the right of soil, so far as is consistent with the Constitution of the United States, recognizing the Articles of Confederation, the Bill of Rights, and Constitution of North Carolina, the cession act of the said State, and the ordinance of Congress for the government of the territory North-west of the Ohio; Provided, nothing herein contained shall extend to affect the claim or claims of individuals to any part of the soil which is recognized to them by the aforesaid cession act; And provided also, that the limits and jurisdiction of this State shall extend to any other land and territory now acquired, by compact or agreement, with other States or otherwise, although such land and territory are not included within the boundaries hereinbefore designated.
Sec. 32. The erection of safe and comfortable prisons, the inspection of prisons, and the humane treatment of prisoners shall be provided for.
Sec. 33. That Slavery and involuntary servitude, except as a punnishment for crime, whereof the party shall have been duly convicted, are forever prohibited in this state.
Sec. 34. The General Assembly shall make no law recognizing the right of property in man.
JOHN BAXTER, Chairman. On motion of Mr. JONES, of Lincoln, the Convention adjourned until to-morrow morning, at 10 o'clock.
FRIDAY MORNING, JANUARY 14, 1870.
The Convention met pursuant to adjournment, Mr. President
Prayer by the Rev. Dr. Redford.