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25. In regard to the eligibility of members of the General Assembly.

26. No person holding any other office under the government shall have a seat in the General 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 Assembly 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 com

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5. Justices of the peace and other officers not hereinbefore mentioned shall be liable to indictment.

ARTICLE VI.

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 reporter 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 inferior 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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10. In regard to a system of internal improvement.

11. In regard to the possession of a homestead.- Shall be exempt from sale under legal process during the life of the head of a family.

12. In regard to education, literature and science.

13. In regard to fish and game laws
within the State.

14. In regard to the intermarriage of
white persons with negroes.
15. No person shall, in time of peace,
be required to perform any
service to the public.

16. The declaration of rights, hereto
prefixed, is declared to be a
part of the Constitution.
17. In regard to county offices cre-
ated by the Legislature.

THE SCHEDULE.

1. In regard to the term of office of the State officers.

2. At the first election of judges under this Constitution there shall be elected six judges of the Supreme Court.- In regard to a vacancy.- The AttorneyGeneral and reporter of the State.

3. Every judge and officer of the executive department shall take the oath of office.

4. In regard to the statutes of limitation

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 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 delegates 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

ARTICLE I.

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 jurore.

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 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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