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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


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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.

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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
General Assembly shall direct.

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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.



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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,

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