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1. The Constitutions of Tennessee and the North Carolina Constitution of 1776.

In the following pages are given the texts of each of the Tennessee Constitutions and their amendments, together with the North Carolina constitution of 1776, arranged in parallel columns. In the first column is the present constitution of Tennessee reproduced entire. In the second is the constitution of 1834; in those sections in which it is the same or nearly the same as the constitution of 1870, the word "identical," or "identical save"-for certain specified changes,-is placed in the second column opposite the corresponding section of the constitution of 1870. In the third column is the constitution of 1796 similarly compared, not with the constitution of 1870, but with that of 1834. That is to say, "identical" in the third column means identical with the section opposite it in the column giving the constitution of 1834.In the fourth column is given the entire text of the North Carolina constitution of 1776, similarly compared with the constitution of 1796. The object of the arrangement is to show the historical development of each provision of the present constitution and with this in view the sections of the earlier constitutions have been transposed from their original order where necessary in order to be placed opposite the corresponding section, if any, of the succeeding constitution.

The Tennessee constitutions have each a preamble, eleven articles and a schedule. In the 1796 constitution the Declaration of Rights constitutes the last article and is accordingly transposed to first place, parallel with the later Declaration of Rights. In the Tennessee constitutions it has been unnecessary to transpose any section outside its original article. Except in 1853 and 1865 no separate amendments have ever been adopted.

The North Carolina constitution has only two main divisions, the Declaration of Rights and the Constitution or Form of Government. Those subdivisions which appear parallel to the Declaration of Rights of the Tennessee Constitutions are in the former unless marked "Const.” Those elsewhere are in the constitution unless marked "D. R.”

For the North Carolina constitution and the 18652 amendments the text as found in Thorpe's "Constitutions, Charters and Organic Laws" is depended upon. The text of the Tennessee Constitutions and of the Amendments of 1853 has been carefully compared with the originals in the offices of the Secretary of State and the State Archivist and is believed to be correct in wording, .punctuation, spelling? and general arrangement. No account is taken of capitalization, which, especially in the 1796 constitution, is extremely eccentric. The explanatory headings to the sections are not a part of the constitutions.

The Constitution of 1796 is written upon both sides of ordinary sheets of paper 93x144 inches and covers about 40 pages. It is tied into pamphlet form with pink ribbon.

The Constitution of 1834 with its Ordinance is inscribed upon a roll of parchment nearly 15 feet long and some 24 inches wide.

The Constitution of 1870 is inscribed in a handsome book of parchment, the pen pages of which measure about 102x171 inches. Including the signatures, etc., there are over 24 pages.

1Save in a few instances where it is expressly compared with the 1870 text.

?The original manuscript, if in the possession of the state archivist, has not as yet been catalogued. The several cases of misspelled words and omitted letters are retained as in the original.

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PREAMBLE AND DECLARATION OF Rights.

Whereas, the people of the territory of the United States south of the River Ohio, having the rigbt 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 northwest 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 ninetysix, ordain and establisb a Constitution, or form of government, and mutually agreed with each other to form themselves into a free 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 twenty-seventh day of November, in the year of our Lord one thousand eight hun dred 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 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 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 thirtyfive, and,

PREAMBLE. 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 Caro lina recognizing the ordinance for the government of the territory of the United States northwest of the river Ohio, 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 agree with each other to form themselves into a free and independent State by 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 twentyseventh 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."

We therefore the delegates and representatives of the people of the State of Tennessee elected and in convention assembled, in pursuance of the said act of assembly have ordained and established the following—"Amended constitution and form of government for this State which we recommend to the people of Tennessee for their ratification—that is to say.

THE CONSTITUTION OF 1796.

NORTH CAROLINA CONSTITUTION, 1776.

Adopted in convention at Knoxville, February 6, 1796. Not submitted to the people.

Adopted in “Congress" at Halifax, December 18, 1776. Not submitted to the people.

PREAMBLE. We 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 ces sion of the State of North Carolina, recognizing the ordinance for the government of the territory of the United States northwest of the river Ohio, do ordain and establish the following constitution or form of government, and do mutually agree with each other to form ourselves into a free and independent State, by the name of the State of Tennessee.

PREAMBLE. Whereas allegiance and protection are, in their nature, reciprocal, and the one should of right be refused when the other is withdrawn:

And whereas George the Third, King of Great Britain, and late Sovereign of the British American Colonies, hath not only withdrawn from them his protection, but, by an act of the British Legislature, declared the inhabitants of these States out of the protection of the British crown, and all their property, found upon the high seas, liable to be seized and confiscated to the uses mentioned in the said act; and the said George the Third has also sent fleets and armies to prosecute a cruel war against . them, for the purpose of reducing the inhabitants of the said Colonies to a state of abject slavery; in consequence whereof, all government under the said King, within the said Colonies, bath ceased, and a total dissolution of government in many of them hath taken place.

And whereas the Continental Congress, having considered the premises, and other previous violations of the rights of the good people of America, have therefore declared, that the Tbirteen United Colonies are, of right, wholly absolved from all allegiance to the British crown, or any other foreign jurisdiction whatsoever: and that the said Colonies now are, and forever shall be, free and independent States.

CONSTITUTION OF 1870.-(Cont'd.)

CONSTITUTION OF 1834.-(Cont'd.)

Whereas, the General Assembly of the 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 fifteenth day of November, in the year of our Lord one thousand eight hundred and sixty-nine, did provide for the calling of a convention 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 delegates for the purpose of amending or revising the present Constitution, or 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 recommended to the people of Tennessee for their ratification: That is to say

ARTICLE I.

ARTICLE IST.

DECLARATION OF RIGHTS. SECTION 1st. (Identical save for no comma after "safety").

DECLARATION OF RIGHTS. SECTION 1. All porcer inherent in the people; government under their control.

-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. Doctrine of nonresistance condemned.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. 2ND. (Identical save for comma after "oppression").

CONSTITUTION OF 1796.-(Contd.)

NORTH CAROLINA CONST., 1776.- (Cont'd.)

Wherefore, in our present state, in order to prevent anarchy and confusion, it becomes necessary, that government should be established in this State; therefore we, the Representatives of the freemen of North-Carolina, chosen and as.. sembled in Congress, for the express purpose of framing a Constitution, under the authority of the people, most conducive to their happiness and prosperity, do declare, that a government for this State shall be established, in manner and form following, to wit:

(In the 1776 constitution, the preamble follows the Bill of Rights.)

ARTICLE 11TH.

DECLARATION OF RIGHTS. 1. Poucer of the People.That all political power is vested in and derived from the people only.

DECLARATION OF RIGHTS. 1st. All Power inherent in the people. —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. 21. Doctrine of non-resistance condemned.--That government being instituted for the common benefit, the doctrine of non resistance against arbitrary power and oppression is absurd, slavish and destructive to the good and happiness of mankind.

II. Government by People.That the people of this State ought to have the sole and exclusive right of regulating the internal government and police thereof.

V. Representative's consent concerning laws.--That all powers of suspend

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