RULES OF ORDER
GOVERNMENT OF THE SENATE,
AND
JOINT RULES FOR THE GOVERNMENT
OF THE
i
TWO HOUSES OF THE GENERAL ASSEMBLY.
TOGETHER WITH THE
CONSTITUTION OF THE UNITED STATES,
AND THE
Constitution of the State of Tennessee.
OCTOBER 20, 1847.
NASHVILLE, TENN.
E. R. M'KENNIE, PRINTER, WHIG AND POLTICIAN OFFICE.
1847.
RULES
FOR THE GOVERNMENT OF THE SENATE.
TOUCHING THE DUTY OF THE SPEAKER.
1st. He shall take the Chair every day, precisely at the
hour to which the Senate stands adjourned on the preceding
day: shall immediately call the members to order, and on
the appearance of a quorum, shall cause the Journal of the
preceding day to be read.
2nd. He shall preserve order and decorum: may speak to
points of order, in preference to other members, rising from
his seat for that purpose: shall decide questions of order,
subject to appeal to the Senate 6y any two members, on
which appeal no member shall speak more than once, unless
by leave of the Senate.
3rd. He shall rise to put a question, but may state it sit¬
ting.
4th. Questions shall be put directly in this form, to wit:
As many as are of opinion that (as the question may be,)
say "Aye;" and after the affirmative will is expressed, as
many as are of a contrary opinion say "No." If the Speaker
doubt, or a division be called for, the Senate shall divide—
those in the affirmative of the question shall first rise from
their seats, and afterwards those in the negative.
5th. The Speaker shall examine and correct the Journal
before it is read. He shall have a general direction of the
Senate chamber. He shall have a right to name any mem¬
ber to perform the duties of the Chair, but such substitution
shall not extend beyond an adjournment.
6th. All Committees shall be appointed by the Speaker,
unless otherwise specially directed by the Senate, in which
case they shall be appointed by the Senate viva voce; and if
upon the first time of voting there is no election, there shall
be a second voting, in which a plurality of votes shall pre¬
vail
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7th. In all other cases, a majority of the votes given shall
be necessary to an election.
8th. In case of any disturbance or disorderly conduct in
the lobby, the Speaker, or the Chairman of the Committee-
of the Whole, shall have the power to order the same to be
cleared.
ORDER OF THE BUSINESS OF THE DAY.
9th. As soon as the Journal is read, the Speaker shall,
through the Clerk, call for petitions from Senators by dis¬
tricts, beginning with the most eastwardly and progressing
westwardly. Reports from standing committees shall next
be in order; then reports from select committees.
10th. No member shall speak to another, or otherwise
interrupt the business of the Senate, or read any newspaper
while the Journal or public papers are reading, or when any
member is speaking in any debate.
11th. Every member, when he speaks, shall address the
Chair, standing in his place, and shall confine himself to the
question under debate, and shall avoid personalities, and
when he has finished shall sit down.
12th. When two or more members rise at the same time
to speak, the Speaker shall determine who has the floor—
but in all cases the member who shall first rise and address
the Chair, shall speak first.
13th. If any member, in speaking or otherwise, transgress
the rules of the Senate, the Speaker shall, or any member
may, call to order; in which case, the member so called to
order shall immediately sit down, unless permitted to ex¬
plain; and the Senate shall, if appealed to, decide on the
case, but without debate. If there be no appeal, the deci¬
sion of the Chair shall be submitted to. If the decision be
in favor of the member called to order, he shall be permit¬
ted to proceed without leave of the Senate, and if the case
require it, he shall be liable to the censure of the Senate.
14th. If the member called to order by a Senator for
words spoken, the exceptionable words shall immediately be
taken down in writing, that the Speaker may be better ena¬
bled to judge of the matter.
15th. No member shall absent himself from the service of
the Senate without leave first obtained; and in case a less
number than a quorum of the Senate shall convene, they are
hereby authorised to send the door-keeper or any other per¬
son or persons by them authorised, for any or all absent
members, as the majority of such members present shall
agree, at the expense of such member respectively, unless-
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such excuse for non-attendance shall be made as the Senate,
when a quorum is convened, shall judge sufficient.
16th. No motion shall be debated until the same be se¬
conded.
17th. When a motion shall be made and seconded, it shall
be reduced to writing, if desired by the Speaker or any
member, delivered in at the table and read, before the same
shall be debated.
18th. When a question is under debate, no motion shall be
received but to adjourn, lie on the table, for the previous
question, to postpone to a day certain, commit or amend, or
to postpone indefinitely; which several motions shall have
precedence in the order they stand arranged, and the motion
for adjournment shall always be in order and be decided
without debate.
19th. If the question in debate contains several points,
any member may have the same divided, but on motion to
strike out and insert, it shall not be in order to move for a
division of the question, but a rejection of the motion to
strike out and insert one proposition, shall not prevent a mo¬
tion to strike out and insert a different proposition, nor pre¬
vent a subsequent motion, simply to strike out, nor shall
the rejection of a motion simply to strike out prevent a sub¬
sequent motion to strike out and insert.
20th. In filling up blanks, the largest sum, and the longest
time, shall first be put.
21st. When the reading of a paper is first called for, and
the same is objected to by any member, it shall be decided
by vote of the Senate, without debate.
22nd. When the ayes and noes shall be called for by any
two members, each member called upon shall, unless for
special reasons to be excused by the Senate, declare openly
and without debate, his assent or dissent to the question.—
In taking the ayes and noes upon the call of the Senate, the
names of the Senators shall be taken alphabetically.
23rd. When the ayes and noes shall be taken in any
question in pursuance of the above rules, no member shall
be permitted to change his vote, under any circumstances ,
whatever, after the decision is announced from the Chair,
unless by unanimous consent of the Senate.
24th. When a question has once been made and carried in
the affirmative or negative, it shall be in order for any mem¬
ber of the majority to move for the re-consideration thereof;
but no motion for the re-consideration of any vote shall be in
order after a bill, resolution, message,, report, amendment, or
motion, upon which the vote was taken, shall have gone out
of the possession of the Senate announcing their decision,
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nor shall any motion for re-consideration be in order unless
made on the same day on which the vote was taken, or within
the two next days of actual session of the Senate thereafter.
25th. Before any petition or memorial addressed to the
Senate, shall be received and read at the table, a brief state¬
ment of the contents of the petition or memorial shall be ver¬
bally made by the introducer.
26th. Every bill shall be introduced by motion or leave,
or by an order ,of the Senate on the report of the committee.
And all bills shall be despatched in the order they were in¬
troduced, unless when the Senate shall otherwise direct.
27th. The first reading of a bill shall be for information,
and if opposition be made to it, the question shall be: "Shall
this bill be rejected?" If no opposition be made, or, if the
question to reject be negatived, the bill shall go to the second
reading without a question.
28th. Before the second reading of the bill, the Speaker
shall state it as ready for commitment; and if committed,
then the question shall be, whether to a select or standing
committee, or to a committee of the whole. If to a commit¬
tee of the whole, the Senate shall determine on what day.
29th. After commitment and report thereof to the Senate,
at any time before its passage, a bill may be re-committed.
30th. All bills ordered to be engrossed, shall be executed
in a fair round hand.
31st. No amendment, by way of rider, shall be received
to any bill on its third reading; nor shall any amendment be
allowed to a bill upon any reading, foreign to its subject
matter.
32d. When a bill shall pass, it shall be certified by the Clerk,
noting the day of its passage at the foot thereof.
33d. Bills coming from the House of Representatives,
shall have precedence of bills in the Senate, on the same
subject.
34th. In forming a committee of the whole, the Speaker
shall leave the chair, and a Chairman be appointed by the
Speaker to preside in committee.
35th. Upon bills committed to a committee of the whole,
the bill shall be read throughout by the Clerk, and then again
read and debated by clauses, leaving the preamble to be last
considered; the body of the bill shall uot be defaced, or inter¬
lined, but all amendments, noting the page and the line, shall
be duly entered by the Clerk on a separate paper, as the same
shall be agreed to by the committee, and so reported to the
Senate; after report, the bill shall again be subject to be de¬
bated and amended by clauses, before the question to engross
it be taken.
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36th. All amendments made to an original motion in com¬
mittee, shall be incorporated with the motions, and so re¬
ported.
37th. All amendments made to a report committed to a
committee of the whole, shall be noted and reported as in
case of bills.
38th. All questions, whether in committee or in the Senate,
shall be propounded in the order in which they were moved,
except that of filling up blanks.
39th. The rules of the Senate shall be observed in com¬
mittee of the whole, so far as applicable; but no member
shall speak twice to any question until every member choos¬
ing to speak shall have spoken.
40th. No standing rule or order of the Senate, shall be re¬
scinded or changed without one day's notice being given of
the motion thereof. Nor shall any rule be suspended except
by a vote of at least two thirds of the members present.
41st. It shall be in order for the committee on enrolled bills
to report at any time.
42d. Messages may be introduced at any state of business
except while a question is putting, while the ayes and noes
are taking, or while voting in an election.
43d. There shall be the following standing committees, to
wit:—
1st. A committee on Privileges and Elections.
2d. Finance.
3d. Ways and Means.
4th. Claims. (
5th. Education and Common Schools.
6th. Judiciary.
7th. Internal Improvements.
8th. Military Affairs.
9th. New Counties and County Lines.
10th. Public Lands.
11th. Penitentiary.
12th. Banks.
13th. On Federal Relations.
14th. Public Roads.
15th. Enrolled Bills.
16th. On Public Grounds.
17th. Lunatic Asylum.
44th. The previous question shall be in this form: "Shall
the main question be now put?" It shall only be admitted
when demanded by a majority of the members present, and
until it is decided, shall preclude all amendments and debate
on the main question.
45th. When a Bill is withdrawn for amendment, the same
8
shall be returned within three days thereafter. Adl resolu¬
tions shall lie one day on the table before they receive the
action of the Senate.
46th. All bills passed in the Senate shall, before they are
sent to the House of Representatives, be examined by a com¬
mittee consisting of three members, whose duty it shall be
to examine all bills, amendments, resolutions, or motions, be¬
fore they go out of the possession of the Senate, and to make
report that they are correctly engrossed; which report shall
be entered on the Journal. [The Speaker appointed to con¬
stitute said committee, Messrs. Rowles,Heiskell andMcKoin.]
47th. After the morning business is gone through, the busi¬
ness before the Senate shall be taken up in the following
order:
1st. Introduction of Bills and Resolutions.
2d. Resolutions which have been introduced shall be
considered.
3d. House Bills on their third reading.
4th. House Bills on their second reading.
5th House Hills on their first reading.
6th. Senate Bills on their first reading.
7th.'Senate Bills on their second reading.
All of which is most respectfully submitted,
J. M. WILLIAMSON, Chairman.
JOINT RULES
OP
THE TWO HOUSES.
1st. In every case of amendment of a bill agreed to in one
House, and dissented to in the other, if either House shall
request a conference, and appoint a committee for that pur¬
pose, and the other House shall also appoint a committee,
each committee shall, at a convenient hour to be named by
the Chairman, meet in conference and state to each other, ver¬
bally or in writing, as either shall choose, the reasons of their
respective Houses for and against the amendment, and confer
fully thereon.
2d. Messages shall be sent by the Clerk.
3d. When a Messenger shall be sent from the Senate to
the House of Representatives, he shall be announced at the
door of the House by the Door-keeper, and he shall respect¬
fully communicate his message to the Chair.
4th. The same ceremony shall be observed when a mes¬
sage is sent from the House of Representatives to the Senate.
5th. All bills on passage between the two Houses, shall be
under the signature of the Clerk.
6th. Bills shall be enrolled by the Clerk of the House, or
the Clerk of the Senate, as the same may have originated in
the one or the other House.
7th. The Committee on Finance, on Banks, and on the Pen¬
itentiary, of both Houses, shall be a joint committee.
8th. After examination and report, bills shall be signed first
by the Speaker of the House of Representatives, and then by
the Speaker of the Senate.
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9th. When a bill or resolution passed in one House is reject¬
ed in the other, notice thereof shall be given in the House in
which it passed.
10th. Each House shall transmit to the other all papers up¬
on which any bill or resolution shall be founded.
11th. All bills which may have passed a third time, shall
be engrossed in a fair hand and certified by the Clerk of the
House in which they may have originated, before sent to the
other.
Which is respectfully submitted.
F. H. BRATCHER, Chairman of the Senate.
H. B. FLIPPEN, Chairman of the
House of Representatives.
CONSTITUTION
of
THE UNITED STATES.
We, the People of the United States, in order to form a more
perfect union, establish justice, insure domestic tranquillity,
provide for the common defence, promote the general wel¬
fare, and secure the blessings of liberty to ourselves and
our posterity, do ordain and establish this constitution for
the United States of America.
ARTICLE I.
section i.
1. All legislative powers herein granted, shall be vested in
a congres3 of the United States, which shall consist of a
senate and house of representatives.
section ii.
1. The House of Representatives shall be composed of
members chosen every second year by the people of the
several states; and the electors in each state shall have the
qualifications requisite for electors of the most numerous
branch of the state legislature.
2. No person shall be a representative, who shall not have
attained to the age of twenty-five years, and been seven
years a citizen of the United States, and who shall not, when
elected, be an inhabitant of that state in which he shall be
chosen.
3. Representatives and direct taxes shall be apportioned
among the several states which may be included within this
union, according to their respective numbers, which shall be
12
determined by adding to the whole number of free persons,
including those bound to service for a term of years, and ex¬
cluding Indians not taxed, three-fifths of all other persons.
The actual enumeration shall be made within three years
after the first meeting of the Congress of the United States,
and within every subsequent term of ten years, in such man¬
ner as they shall by law direct. The number of represent¬
atives shall not exceed one for every thirty thousand, but
each state shall have at least one representative; and until
such enumeration shall be made, the state of New Hampshire
shall be entitled to choose three; Massachusetts eight; Rhode
Island and Providence Plantations one; Connecticut five; New
York six; New Jersey four; Pennsylvania eight; Delaware one;
Maryland six; Virginia ten; North Carolina five; South
Carolina, five; and Georgia three.
4. When vacancies happen in the representation from any
state, the executive authority thereof shall issue writs of
election to fill up such vacancies.
5. The house of representatives shall choose their speaker
and other officers, and shall have the sole power of impeach¬
ment.
section nr.
1. The Senate of the United States shall be composed of
two senators from each state, chosen by the legislatures
thereof, for six years; and each senator shall have one vote.
2. Immediately after they shall be assembled in conse¬
quence of the first election, they shall be divided, as equally
as may be, into three classes. The seats of the senators of
the first class shall be vacated at the expiration of the second
year, of the second class at the expiration of the fourth year,
and of the third class at the expiration of the sixth year, so
that one third may be chosen every second year; and if va¬
cancies happen, by resignation or otherwise, during the recess
of the legislature of any state, the executive thereof ma}'
make temporary appointments until the next meeting of the
legislature, which shall then fill such vacancies.
3. No person shall be a senator who shall not have attain¬
ed to the age of thirty years, and been nine years a citizen of
the United States, and who shall not, when elected, be an
inhabitant of that state for which he shall be chosen.
4. The Vice President of the United States shall be presi¬
dent of the Senate, but shall have no vote, unless they be
equally divided.
5. The senate shall choose their other officers, and also a
president pro tempore, in the absence of the vice president,
or when he shall exercise the office of president of the United
States.
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6. The senate shall have the sole power to try all impeach¬
ments. When sitting for that purpose, they shall be on oath
or affirmation. When the President of the United States is
tried, the Chief Justice shall preside; and no person shall be
convicted without the concurrence of two-thirds of the
members present.
7. Judgment in case of impeachment shall not extend fur¬
ther than to removal from office, and disqualification to hold
and enjoy any office of honor, trust or profit, under the United
States; but the party convicted shall nevertheless be liable
and subject to indictment, trial, judgment, and punishment
according to law.
section iv.
1. The times, places, and manner of holding elections for
senators and representatives, shall be prescribed in each state
by the legislature thereof; but the congress may, at any time,
by law, make or alter such regulations, except as to the
places of choosing senators.
2. The congress shall assemble at least once in every year,
and such meeting shall be on the first. Monday in December,
unless they shall by law appoint a different day.
section v.
1. Each house shall be the judge of the elections, returns,
and qualifications of its own members; and a majority of each
shall constitute a quorum to do business; but a smaller num¬
ber may adjourn from day to day, and may be authorized to
compel the attendance of absent members, in such manner
and under such penalties as each house may provide.
2' Each house may determine the rules of its proceedings,
punish its members for disorderly behaviour, and, with the
concurrence of two-thirds, expel a member.
3. Each house shall keep a journal of its proceedings, and
from time to time publish the same, excepting such parts as
may in their judgment require secrecy, and the yeas and nays
of the members of either house, on any question, shall, at the
desire of one-fifth of those present, be entered on the journal.
4. Neither house, during the session of congress, shall,
without the consent of the other, adjourn for more than three
days, nor to any other place than that in which the two
houses shall be sitting.
section vi.
1. The senators and representatives shall receive a com¬
pensation for their services, to be ascertained by law, and
paid out of the treasury of the United States. They shall, in
all cases, except treason, felony, a nd breach of the peace, be
14
privileged from arrest during their attendance at the session
of their respective houses, and in going to or returning from
the same; and for any speech or debate in either house, they
shall not be questioned in any other place.
2. No senator or representative shall, during the time for
which he was elected, be appointed to any civil office under
the authority of the United States which shall have been
created, or the emoluments whereof shall have been increas¬
ed, during such time; and no person holding any office under
the United States shall be a member of either house during
his continuance in office.
SECTION VII.
1. All bills for raising revenue shall origin&te in the house
of representatives: but the senate may propose or concur
with amendments, as on other bills.
2. Every bill which shall have passed the house of repre¬
sentatives and the senate, shall, before it become a law, be
presented to the President of the United States; if he ap¬
prove, he shall sign it; but if not, he shall return it, with his
objections, to that house in which it shall have originated,
who shall enter the objection at large on their journal, and
proceed to reconsider it. If, after such re-consideration, two-
thirds of that house shall agree to pass the bill, it shall be
sent, together with the objections, to the other house, by
which it shall likewise be re-considered, and if approved
by two-thirds of that house, it shall become a law. But in
all such cases, the votes of both houses shall be determined
by yeas and nays, and the names of the persons voting for
and against the bill shall be entered on the journal of each
house respectively. If any bill shall not be returned by the
President within ten days (Sundays excepted) after it shall
have been presented to him, the same shall be a law in like
manner as if he had signed it, unless the congress by their
adjournment prevent its return, in which case it shall be a
law.
3. Every order, resolution, or vote, to which the concur¬
rence of the senate and house of representatives may be ne¬
cessary, except on a question of adjournment, shall be pre¬
sented to the President of the United States; and before the
same shall take effect, shall be approved by him, or being
disapproved by him, shall be repassed by two-thirds of the
senate and house of representatives, according to the rules
and limitations prescribed in the case of a bill.
SECTION VIII.
The congress shall have power—
1. To lay and collect taxes, duties, imposts, and excises; to
15
pay the debts and provide for the common defence and gen¬
eral welfare of the United States; but all duties, imposts,
and excises, shall be uniform throughout the United States:
2. To borrow money on the credit of the United States:
3. To regulate commerce with foreign nations, and among
the several states, and with Indian tribes :
4. To establish an uniform rule of naturalization, and uni¬
form laws on the subject of bankruptcies throughout the
United States :
5. To coin money, regulate the value thereof, and of for¬
eign coin, and fix the standard of weights and measures:
6. To provide for the punishment of counterfeiting the
securities and current coin of the United States:
7. To establish post offices and post roads:
8. To promote the progress of science and useful arts, by
securing for limited times to authors and inventors the ex¬
clusive right to their respective writings and discoveries:
9. To constitute tribunals inferior to the supreme court:
10. To define and punish piracies and felonies committed
on the high seas, and offences against the law of nations:
11. To declare war, grant letters of marque and reprisal,
and make rules concerning captures on land and water :
12. To raise and support armies, but no appropriation of
money to that use shall be for a longer term than two years:
13. To provide and maintain a navy:
14. To make rules for the government and regulation of
the land and naval forces:
15. To provide for calling forth the militia to execute the
laws of the Union, suppress insurrections and repel invasions:
16. To provide for organizing, arming, and disciplining the
militia, and for governing such part of them as may be
employed in the service of the United States, reserving to
the states respectively, the appointment of the officers, and
the authority of training the militia according to the discipline
prescribed by congress.
17. To exercise exclusive legislation in all cases whatso¬
ever, over such district, not exceeding ten miles square, as
may, by cession of particular states, and the acceptance of
congress, become the seat of government of the United States,
and to exercise like authority over all places purchased by
the consent of the legislature of the state in which the same
shall be, for the erection of forts, magazines, arsenals, dock
yards, and other needful buildings: And
18. To make all laws which shall be necessary and proper
for carrying into execution the foregoing powers, and all
other powers vested by this constitution in the government
of the United States, or in any department or office thereof.
16
section ix.
1. The migration or importation of such persons as any of
the states now existing shall think proper to admit, shall not
be prohibited by the congress prior to the year one thousand
eight hundred and eight, but a tax or duty may be imposed
on such importation, not exceeding ten dollars for each per¬
son.
2. The privilege of the writ of habeas corpus shall not be
suspended, unless when, in cases of rebellion or invasion, the
public safety may require it.
3. No bill of attainder, or ex post facto law, shall be passed.
4. No capitation or other direct tax shall be laid, unless in
proportion to the census or enumeration herein before direct¬
ed to be taken.
5. No tax or duty shall be laid on articles exported from
any state. No preference shall be given by any regulation
of commerce or revenue to the ports of one state over those
of another: nor shall vessels bound to or from one state, be
obliged to enter, clear, or pay duties in another.
6. No money shall be drawn from the treasury, but in
consequence of appropriations made by law; and a regular
statement and account of the receipts and expenditures of all
public money shall be published from time to time.
7. No title of nobility shall be granted by the United States,
and no person holding any office of profit or trust under them,
shall, without the consent of the congress, accept of any pre¬
sent, emolument, office, or title of any kind whatever, from
any king, prince, or foreign state.
section x.
1. No state shall enter into any treaty, alliance or confed¬
eration; grant letters of marque and reprisal; coin money;
emit bills of credit; make any thing but gold and silver coin
a tender in payment of debts; pass any bill of attainder, ex
post facto law, or law impairing the obligation of contracts;
or grant any title of nobility.
2. No state shall, without the consent of the congress, lay
any imposts or duties on imports or exports, except what may
be absolutely necessary for executing its inspection laws;
and the nett produce of all duties and imposts, laid by any
state on imports or exports, shall be for the use of the treasury
of the United States, and all such laws shall be subject to
the revision or control of the congress. No state shall, with¬
out the consent of congress, lay any duty or tonnage, keep
troops or ships of war in time of peace, enter into any agree¬
ment or compact with another state, or with a foreign power
17
or engage in war, unless actually invaded, or in such im¬
minent danger as will not admit of delay.
ARTICLE II.
SECTION I.
1. The executive power shall be vested in a President of
the United States of America. He shall hold his office dur¬
ing the term of four years, and together with the Vice Presi¬
dent, chosen for the same term, be elected as follows:
2. Each state shall appoint, in such manner as the legis¬
lature thereof may direct, a number of electors, equal to the
whole number of senators and representatives to which the
state may be entitled in the congress; but no senator or re¬
presentative, or person holding an office of trust or profit
under the United States, shall be appointed an elector. i
[3. The electors shall meet in the respective states, and
vote by ballot for two persons, of whom one at least shall not
be an inhabitant of the same state with themselves. And
they shall make a list of all the persons voted for, and of the
number of votes for each; which list they shall sign and certi¬
fy, and transmit sealed to the seat of the government of the
United States, directed to the president of the senate. The
president of the senate shall, in the presence of the senate,
and house of representatives, open all the certificates, and
thf votes shall then be counted. The person having the
greatest number of votes shall be the President, if such
number be a majority of the whole number of electors ap¬
pointed; and if there be more than one who have such major¬
ity, and have an equal number of votes, then the house of
representatives shall immediately choose, by ,ballot, one of
them for President; and if no person have a majority, then,
from the five highest on the list, the said house shall, in like
manner, choose the President. But, in choosing the Presi¬
dent, the votes shall be taken by states, the representation
from each state having one vote; a quorum for this purpose
shall consist of a member or members from two-thirds of the
states, and a majority of all the states shall be necessary to a
choice. In every case, after the choice of the President, the
person having the greatest number of votes of the electors,
shall be the Vice President. But if there should remain two
or more who have equal votes, the senate shall choose from
them, by ballot, the Vice President.]
4. The congress may determine the time of choosing the
electors, and the day on which they shall give their votes,
which day shall be the same throughout the United States.
5. No person, except a natural born citizen, or a citizen of
B
18
the United States at the time of the adoption of this constitu¬
tion, shali be eligible to the office of President: neither shall
any person be eligible to that office, who shall not have at¬
tained to the age of thirty-five years, and been fourteen years
a resident within the United States.
6. In case of the removal of the President from office, or of
his death, resignation, or inability to discharge the powers
and duties of the said office, the same shall devolve on the
Vice President, and the congress may, by law, provide for
the case of removal, death, resignation, or inability, both of
the President and Vice President, declaring what officer shall
then act as President, and such officer shall act accordingly,
until the disability be removed, or a President shall be elected.
7. The President shall, at stated times, receive for his ser¬
vices a compensation, which shall neither be increased nor
diminished during the period for which he shall have been
elected, and he shall not receive within that period any other
emolument from the United States, or any of them.
8. Before he enter on the execution of his office, he shall
take the followtng oath or affirmation:
9. "I do solemnly swear (or affirm) that I will faithfully
execute the office of President of the United States, and will,
to the best of my ability preserve, protect, and defend, the
constitution of the United States."
SECTION II.
1. The President shall be commander in chief of the army
and navy of the United States, and of the militia of the several
states, when called into the actual service of the United
States; he may require the opinion, in writing, of the principal
officer in each of the executive departments, upon any sub¬
ject relating to the duties of their respective offices; and he
shall have power to grant reprieves and pardons for all of¬
fences against the United States, except in cases of impeach¬
ment.
2. He shall have power, by and with the advice and con¬
sent of the senate, to make treaties, provided two-thirds of the
senators present concur: and he shall nominate, and by and
with the advice and consent of the senate, shall appoint
ambassadors, other public ministers and consuls, judges of
the supreme court, and all other officers of the United States,
whose appointments are not herein otherwise provided for,
and which shall be established by law. But the congress
may, by law, vest the appointment of such inferior officers as
they think proper, in the President alone, in the courts of law,
or in the heads of departments.
3. The President shall have power to fill up all vacancies
19
that may happen during the recess of the senate, by granting
commissions which shall expire at the end of their next session.
SECTION m.
1. He shall, from time to time, give to the congress inform¬
ation of the state of the union, and recommend to their con¬
sideration such measures as he shall judge necessary and ex¬
pedient; he may, on extraordinary occasions, convene both
houses, or either of them, and, in case of disagreement be¬
tween them, with respect to the time of adjournment, he may
adjourn them to such time as he shall think proper; he shall
receive ambassadors and other public ministers; he shall take
care that the laws be faithfully executed; and shall commis¬
sion all the officers of the United States.
SECTION IV.
1. The President, Vice President, and all civil officers of
the United States, shall be removed from office on impeach¬
ment for, and conviction of treason, bribery, or other high
crimes and misdemeanors.
ARTICLE III.
SECTION I.
1. The judicial power of the United States shall be vested
in one supreme court, and in such inferior courts, as the
congress may, from time to time, ordain and establish. The
judges, both of the supreme and inferior courts, shall hold
their offices during good behaviour; and shall, at stated times,
receive for their Services a compensation which shall not be
diminished during their continuance in office.
SECTION II.
1. The judicial power shall extend to all cases in law and
equity, arising under this constitution, the laws of the United
States, and treaties made, or which shall be made, under
their authority, to all cases affecting ambassadors, other pub¬
lic ministers and consuls; to all cases of admiralty and mari¬
time jurisdiction; to controversies to which jhe United States
shall be a party; to controversies between two or more states;
between a state and citizens of another statp; between citizens
of another state; between citizens of different states; between
oitizens of the same state claiming lands under grants of
different states; and between a state or the citizens thereof,
and foreign states, citizens or subjects.
2. In all cases affecting ambassadors, other public minis¬
ters and consuls, and those in which a state shall be a party,
the supreme court shall have original jurisdiction. In all the
20
other cases before-mentioned, the supreme court shall have
appellate jurisdiction, both as to law and fact, with such
exceptions, and under such regulations, as the congress shall
make;.
3. The trial of all crimes, except in cases of impeachment,
shall be by jury; and such trial shall be held in the state
where the said crimes shall have been committed; but when
not committed within any state, the trial shall be at such
place or places as the congress may by law have directed.
SECTION III.
1. Treason against the United States, shall consist only in
levying war against them, or in adhering to their enemies,
giving them aid and comfort. No person shall be convicted
of treason unless on the testimony of two witnesses to the
same overt act, or on confession in open court.
2. The congress shall have power to declare the punish¬
ment of treason, but no attainder of treason shall work cor¬
ruption of blood or forfeiture, except during the life of the per¬
son attainted.
ARTICLE IV.
SECTION I.
1. Full faith and credit shall be given in each state to the
public acts, records, and judicial proceedings of every other
state. And the congress may, by general laws prescribe the
manner in which such acts, records and proceedings shall be
proved, and the effect thereof.
SECTION II.
1. The citizens of each state shall be entitled to all privi¬
leges and immunities of citizens in the several states.
2. A person charged in any state with treason, felony, or
other crime, who shall flee from justice, and be found in an¬
other state, shall, on demand of the executive authority of the
state from which he fled, be delivered up, to be removed to
the state having jurisdiction of the crime.
3. No person held to service or labor in one state under
the laws thereof, escaping into another, shall, in consequence
of any law or regulation therein, be discharged from such
service or labor, but shall be delivered upon claim of the
party to whom such service or labor may be due.
SECTION III.
1. New states may be admitted by the congress into this
Union; but no new state shall be formed or erected within
the jurisdiction of any other state; nor any state be formed
by the junction of two or more states, or parts of states, with-
out the consent of the legislature of the states concerned as
well as of congress.
2. The congress shall have power to dispose of, and make
all needful rules and regulations respecting the territory or
other property belonging to the United States; and nothing in
this constitution shall be so construed as to prejudice any
claims of the United States, or of any particular state.
SECTION IV.
1. The United States shall guaranty to every state in this
Union, a republican form of government, and shall protect
each of them against invasion, and on application of the le¬
gislature, or of the executive, when the legislature, cannot be
convened, against domestic violence.
ARTICLE V.
1. The congress, whenever two-thirds of both houses shall
deem it necessary, shall propose amendments to this constitu¬
tion, or on the application of the legislatures of two-thirds of
the several states, shall call a convention for proposing
amendments, which, in either case, shall be valid to all
intents and purposes, as part of this constitution, when rati¬
fied by the legislatures of three-fourths of the several states,
or by conventions, in three-fourths thereof, as the one or the
other mode of ratification may be proposed by the congress;
provided that no amendment which may be made prior to
the year one thousand eight hundred and eight, shall in any
manner affect the first and fourth clauses in the ninth section
of the first article; and that no state, without its consent, shall
be deprived of its equal suffrage in the senate.
ARTICLE VI.
1. All debts contracted and engagements entered into, be¬
fore the adoption of this constitution, shall be as valid against
the United States under this constitution, as under the con¬
federation.
2. This constitution, and the laws of the United States
which shall be made in pursuance thereof, and all treaties
made, or which shall be made, under the authority of the
United States, shall be the supreme law of the land; and the
judges in every state shall be bound thereby, any thing in
the constitution or laws of any state to the contrary notwith¬
standing.
3. The senators and representatives before-mentioned, and
the members of the several state legislatures, and all execu¬
tive and judicial officers, both of the United States and of the
22
several states, shall be bound by oath or affirmation, to sup¬
port this constitution: but no religious test shall ever be re¬
quired as a qualification to any office or public trnst under
the United States.
ARTICLE VII.
1. The ratification of the conventions of nine states, shall
be sufficient for the establishment of this constitution between
the states so ratifying the same.
Done in convention, by the unanimous consent of the states pre¬
sent, the seventeenth day of September, in the year of our
Dord one thousand seven hundred and eighty-seven, and of
the Independence of the United States of America, the twelfth»
In witness whereof, we have hereunto subscribed our names.
GEORGE WASHINGTON.
President and Deputy from Virginia.
NEW HAMPSHIRE.
John Langdon,
Nicholas Gilman.
MASSACHUSETTS.
Nathaniel Gorham,
Rufus King.
CONNECTICUT.
William Samuel Johnson,
Roger Sherman.
NEW YORK.
Alexander Hamilton,
NEW JERSEY.
William Livingston,
David Brearly,
William Patterson,
Jonathan Dayton.
PENNSYLVANIA.
Benjamin Franklin,
Thomas Mifflin,
Robert Morris,
George Clymer,
Thomas Fitzsimons,
Jared Ingersoll,
James Wilson,
Governeur Morris,
DELAWARE.
George Read,
Gunning Bedford, jun.
John Dickinson,
Richard Bassett,
Jacob Rroom.
MARYLAND.
James M'Henry,
Daniel of St. Tho. Jenifer,,
Daniel Carroll.
VIRGINIA.
John Blair,
James Madison, jun.
NORTH CAROLINA.
William Blount,
Richard Dobbs Spaight,
Hugh Williamson.
SOUTH-CAROLINA.
John Rutledge,
C. CoTESWORTH plnckney,
Charles Pinckney,
Pierce Butler.
GEORGIA.
William Few,
Abraham Baldwin.
Attest,
WILLIAM JACKSON, Secretary.
AMENDMENTS
TO THE
CONSTITUTION OF THE UNITED STATES,
The following amendments were proposed at the first Session
of the first Congress of the United States; which was begun
and held at the City of New York, on the 4th of March,
1789, and were adopted by the requisite number of States.
First volume of the Laws of the United States, page 72.
ARTICLE I.
1. Congress shall make no law respecting an establish¬
ment of religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press; or the right
of the people peaceably to assemble, and to petition the gov¬
ernment for a redress of grievances.
ARTICLE II.
1. A well regulated militia being necessary to the security
of a free state, the right of the people to keep and bear arms
shall not be infringed.
ARTICLE III.
1. 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 to be prescribed by law.
ARTICLE IY.
1. The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches
and seizures, shall not be violated, and no warrants shall is¬
sue but upon probable cause, supported by oath or affirmation,
and particularly describing the place to be searched, and the
person or things to be seized.
24
ARTICLE Y.
1. No person shall be held to answer for a capital or other¬
wise infamous crime, unless on a presentment or indictment
of a grand jury, except in cases arising in the land or naval
forces, or in the militia when in actual service, in time of
war or public danger; nor shall any person be subject, for
the same offence to be twice put in jeopardy of life or limb;
nor shall be compelled in any criminal case to be a witness
against himself; nor be deprived of life, liberty, or property,
without due process of law; nor shall private property be
taken for public use without just compensation.
ARTICLE VI.
1. In all criminal prosecutions the accused shall enjoy the
right to a speedy and public trial, by an impartial jury of the
state and district wherein the crime shall have been commit¬
ted, which district shall have been previously ascertained by
law, and to be informed of the nature and cause of the accu¬
sation: to be confronted with the witnesses against him; to
have compulsory process for obtaining witnesses in his favor;
and to have the assistance of counsel for his defence.
ARTICLE VII.
1. In suits at common law, where the value in controversy
shall exceed twenty dollars, the right of trial by jury shall be
preserved; and no fact tried by a jury shall be otherwise re¬
examined in any court of the United States, than according
to the rules at the common law.
ARTICLE VIII.
1. Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted.
ARTICLE IX.
1. The enumeration in the constitution of certain rights,
shall not be construed to deny or disparage others retained
by the people.
ARTICLE X.
1. The powers not delegated to the United States by the
constitution, nor prohibited by it to the states, are reserved
to the states, respectively, or to the people.
ARTICLE XI.
1. The judicial power of the United States shall not be
construed to extend to any suit in law or equity, commenced
25
or prosecuted against one of the United States by citizens of
another state, or by citizens or subjects of any foreign state.
ARTICLE XII.
1. The electors shall meet in their respective states, and
vote by ballot for President and Vice President, one of whom,
at least, shall not be an inhabitant of the same state with
themselves; they shall name in their ballots the person voted
for as President, and in distinct ballots the person voted for
as Vice President; and they shall make distinct lists of all
persons voted for as President, and of all persons voted for
as Vice President, and of the number of votes for each,
which lists they shall sign and certify, and transmit sealed to
the seat of the government of the United States, directed to
the President of the senate; the President of the senate shall,
in the presence of the senate and house of representatives,
open all the certificates, and the votes shall then be count¬
ed; the person having the greatest number of votes for Presi¬
dent, shall be the President, if such number be a majority of
the whole number of electors appointed: and if no person have
such majority, then from the persons having the highest
numbers, not exceeding three, on the list of those voted for
as President, the house of representatives shall choose im¬
mediately, by ballot, the President. But, in choosing the
President, the votes shall be taken by states, the represent¬
ation from each state having one vote; a quorum for this pur¬
pose shall consist of a member or members from two-thirds
of the states, and a majority of all the states shall be neces¬
sary to a choice. And if the house of representatives shall
not choose a President whenever the right of choice shall
devolve upon them, before the fourth day of March next fol¬
lowing, then the Vice President shall act as President, as in
the case of the death or other constitutional disability of the
President.
2. The person having the greatest number of votes as Vice
President, shall be the Vice President, if such number be a
majority of the whole number of electors appointed; and if no
person have a majority, Ihen from the two highest numbers
on the list, the senate shall choose the Vice President; a
quorum for the purpose shall consist of two-thirds of the
whole number of senators, and a majority of the whole
number shall be necessary to a choice.
3. But no person constitutionally ineligible to the office of
President, shall be eligible to that of Vice President of the
United States.
CONSTITUTION
op the
STATE OF TENNESSEE.
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, recog¬
nizing the ordinance for the government of the territory
of the United States north-west of the river Ohio, by
their delegates and representatives in Convention assem¬
bled, 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 free and independent State, by the name of "The State
of Tennesseeand 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
authorise 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 Delegates4 and Representatives of the
People of the State of Tennessee, elected and in Conven¬
tion assembled, in pursuance of the said Act of Assembly,
have ordained and established the following amended
Constitution and torm of Government for this State, which
we recommend to the people of Tennessee for their ratifi¬
cation ; that is to say:
28
ARTICLE I.
declaration op rights.
Section 1. Thai 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 una¬
lienable 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 com¬
mon benefit, the doctrine of non-resistance againt 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 of right can be compell¬
ed 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 preference shall
ever be given, by law, to any religious establishment or
mode of worship.
Sec. 4. That no religious test 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.
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 lib¬
erty and ought not to be granted.
Sec. 8. That no freeman shall be taken or imprisoned, or
disseized of his freehold, liberties or privileges, or outlaw¬
ed, 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
29
district in which the crime shall have been committed; 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 facts
committed previous to the existence of such laws, and by
them only declared criminal, are contrary to the principles
of a free goverment; 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 consequence thereof.
Sec. 13. That no person arrested or confined in jail, shall
be treated with unnecessary rigor.
Sec. 14. That no free man shall be put to answer any
criminal charge but by presentment, indictment or impeach¬
ment.
Sec. 15. That all prisoners shall be bailable by sufficient
sureties, unless for capital offences, when the proof is evi¬
dent, 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 public safety may re¬
quire 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 reputa¬
tion, 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 by 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.
Sec. 19. That the printing presses shall be free to every
person who undertakes to examine the proceedings of thev
Legislature, or of any branch or Officer of 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 pub¬
lication of papers investigating the official conduct of officers
30
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 crimina 1 cases.
Sec. 20. That no retrospective law, or law impairing the
obligation of contracts shall be made.
Sec. 21. That no man's particular services shall be de¬
manded, or property taken or applied' to public use, without
the consent of his representatives, or without just compen¬
sation 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 in¬
struct their representatives, and to apply to those invested
with the powers of g*overnment for redress of grievances, or
other proper purposes by addresser remonstrance.
Sec. 24. That the sure and certain defence 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 com¬
munity 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 corporeal punishment
under the martial law.
Sec. 26. That the free white men of this State have a
right to keep and to bear arms for their common defence.
Sec. 27. That no soldier shall, in time of peace, be quar¬
tered 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 naviga¬
tion 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 hereafter 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 thirty-six degrees and thirty minutes north;
running thence along the extreme height of the said moun-
31
tain, to the place where Watauga river breaks through it;
thence, 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 moun¬
tain ; thence, along the extreme height of said mountain, to
the Painted Rock, on French Broad River; thence, along
the highest ridge of said ipountain 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
the said mountain to the southern boundary of this State, as
described in the act of cession of North Carolina to the
United States of America ; and that all the territory, lands
and waters, lying west of the said line, as before mention¬
ed, and contained within the chartered limits of the State of
North Carolina, are within the boundaries and limits of this
state; over 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 ex¬
tend to affect the claim or claims of individuals, to any part
of the soil which is recognised to them by the aforesaid
cession act: And provided also, that the limits and jurisdic¬
tion of this State, shall extend to any other land and territo¬
ry now acquired, or that may hereafter be acquired by com¬
pact or agreement with other States, or otherwise, although
such land and territory are not included within the bounda¬
ries herein before designated.
Sec. 32. The people residing south of French Broad and
Holston, between the rivers Tennessee and Big Pigeon, are
entitled to the right of pre-emption and occupancy in that
tract.
ARTICLE II.
Sec. 1. The powers of the Government shall be divided
into three distinct departments; the Legislative, Executive
and Judicial.
Sec. 2. No person or persons belonging to one of these
departments, shall exercise any of the powers properly be-
32
longing to either of the others, except in the cases herein
directed or permitted.
•Sec. 3. The Legislative authority of this State shall be
vested in a General Assembly, which shall consist of a Sen¬
ate and House of Representatives, both dependent on the
people.
Sec. 4. An enumeration of the qualified voters, and an
apportionment of the Representatives in the General As¬
sembly, shall be made in the year one thousand eight hun¬
dred and forty one, and within every subsequent term of
ten years.
Sec. 5. The number of Representatives shall, at the
several periods of making the enumeration, be apportioned
among the several counties or districts according to the
number of qualified voters in each, and shall not exceed
seventy-five, until the population of the State shall be one
million and a half; and shall never thereafter exceed nine¬
ty-nine ; provided', that any county having two-thirds of the
ratio, shall be entitled to one member.
Sec. 6. The number of Senators shall, at the several
periods of making the enumeration, be apportioned among
the several counties or districts, according to the number of
qualified electors in each, and shall not exceed one third the
number of Representatives. In apportioning the Senators
among the different counties, the fraction that may be lost
by any county or counties, in the apportionment of mem¬
bers to the House of Representatives shall be made up to
such county or counties in the Senate, as near as may be
practicable. When a district is composed of two or more
counties, they shall be adjoining; and no county shall be
divided in forming a district.
Sec. 7. The first election for Senators and Representa¬
tives shall be held on the first Thursday in August, one
thousand eight hundred and thirty-five ; and forever there¬
after, elections for members of the General Assembly shall
be held once in two years, on the first Thursday in August;
and said elections shall terminate the same day.
Sec. 8. The first session of the General Assembly shall
commence on the first Monday in October, one thousand
eight hundred and thirty-five; and forever thereafter, the
General Assembly shall meet on the first Monday of Octo¬
ber next ensuing the election.
Sec. 9. No person shall be a Representative, unless he
shall be a citizen of the Uhited States, of the age of twenty-
one years, and shall have been a citizen of this State for
three years, and a resident in the.couniy he represents one
year immediately preceding the election.
33
Sec. 10. No person shall be a Senator, unless he shall be
a citizen of the United States, of the age of thirty years, and
shall have resided three years in this State, and one year in
the county or district, immediately preceding the election.
No Senator or Representative shall, during the time for
which he is elected, be eligible to any office or place of
trust, the appointment to which is vested in the Executive or
the General Assembly, except to the office of Trustee of a
literary institution.
Sec. 11. The Senate and House of Representatives, when
assembled, shall each choose a Speaker and its other officers,
be judges of the qualifications and election of its members,
and sit upon its own adjournments from day to day. Two-
thirds of each House shall constitute a quorum, to do busi¬
ness ; but a smaller number may adjourn from day to day,
and may be authorised by law to compel the attendance of
absent members.
Sec. 12. Each House may determine the rules of its pro¬
ceedings, punish its members for disorderly behaviour; and,
with the concurrence of two-thirds, expel a member, but not
a second time for the same offence ; and shall have all other
powers necessary for a branch of the Legislature of a free
State.
Sec. 13. Senators and Representatives shall in all cases,
except treason, felony, or breach of the peace, be privileged
from arrest during the session of the General Assembly, and
in going to and returning from the same: and for any speech
or debate in either House, they shall hot be questioned in
any other place.
Sec. 14. Bach House may punish by imprisonment dur¬
ing its session, any person not a member, who shall be guilty
of disrespect to the House, by any disorderly or contemptu¬
ous behaviour in its presence.
Sec. 15. When vacancies happen in either House, the
Governor for the time being, shall issue writs of election to
fill such vacancies.
Sec. 16. Neither House shall, during its session, adjourn
without the consent of the other, for more than three days,
nor to any other place than that in which the two Houses
shall be sitting.
Sec. 17.. Bills may originate in either House, but may be
amended, altered or rejected by the other.
Sec. 18. Every bill shall be read once, on three different
days, and be passed each time in the House where it origi¬
nated, before transmission to the other. No bill shall be¬
come a law, until it shall be read and passed on three differ-
C
34
ent days in each House, and be signed by the respective
Speakers.
Sec. 19. After a bill has been rejected, no bill containing
the same substance, shall be passed into a law during the
same session.
Sec. 20. The style of the laws of this State shall be, "Be
it enacted by the General Assembly of the State of Tennessee."
Sec. 21. Each House shall keep a journal of its proceed¬
ings, and publish it, except such parts as the welfare of the
State may require to be kept secret; the ayes and noes shall
be taken in each House upon the final passage of every bill
of a general character, and bills making appropriations of
public moneys; and the ayes and noes of the members on
any question shall, at the request of any two of them, be
entered on the journal.
Sec. 22. The doors of each House and of Committees of
the Whole, shall be kept open, unless when the business
shall be such as ought to be kept secret.
Sec. 23. The sum of four dollars per day, and four dol¬
lars for every twenty-five miles travelling to and from the
seat of Government, shall be allowed to the members of the
first General Assembly, as a compensation for their services.
The compensation of the members of the succeeding Legis¬
latures shall be ascertained by law; but no law increasing
the compensation of the members, shall take effect until the
commencement of the next regular session after such law
shall have been enacted.
Sec. 24. No money shall be drawn from the treasury, but
in consequence of appropriations made by law; and an ac¬
curate statement of the receipts and expenditures of the
public money, shall be attached to and published with the
laws at the rise of each stated session of the General Assembly.
Sec. 25. No person who heretofore hath been, or may
hereafter be, a Collector or holder of public moneys, shall
have a seat in either House of the General Assembly, until
such person shall have accounted for and paid into the
treasury all sums for which he may be accountable or liable.
Sec. 26. No Judge of any court of law or equity, Secre¬
tary of State, Attorney General, Register, Clerk of any court
of record, or person holding any office under the authority of
the United States, shall have a seat in the General Assembly;
nor shall any person in this State hold more than one lucra¬
tive office at the same time: Provided, that no appointment
in the malitia, or the office of Justice of the Peace, shall be
considered a lucrative office, or operate as a disqualification
to a seat in either House of the General Assembly.
Sec. 27. Any member of either House of the General
35
Assembly shall have liberty to dissent from, and protest
against, any act or resolve which he may think injurious to
the public or to any individual, and to have the reasons for
his dissent entered on the journals.
Sec. 28. All lands liable to taxation, held by deed, grant,
or entry, town lots, bank stock, slaves between the ages of
twelve and fifty-years, and such other property as the Legis¬
lature may from time to time deem expedient, shall be taxa¬
ble. All property shall be taxed according to its value ; that
value to be ascertained in such manner as the Legislature
shall direct, so that the same shall be equal and uniform
throughout the State. No one species of property from
which a tax may be collected, shall be taxed higher than
any other species of property of equal value. But the Le¬
gislature shall have power to tax merchants, pedlars, and
privileges, in such manner as they may, from time to time,
direct. A tax on white polls shall be laid in such manner
and of such an amount as may be prescribed by law.
Sec. 29. The General Assembly shall have power to
authorise the several Counties and Incorporated Towns in
this State, to impose taxes for county and corporation purpo¬
ses respectively, in such manner as shall be prescribed by
law; and all property shall be taxed according to its value,
upon the principles established in regard to State taxation.
Sec. 30. No article manufactured of the produce of this
State, shall be taxed otherwise than to pay inspection fees.
Sec. 31. The General Assembly shall have no power to
pass laws for the emancipation of slaves, without the eon-
sent of their owner or owners,
ARTICLE III.
Section 1. The Supreme Executive power of this State
shall be vested in a Governor.
Sec. 2. The Governor shall be chosen by the electors of
the members of the General Assembly, at the times and
places where they shall respectively vote for the members
thereof. The returns of every election for Governor shall
be sealed up, and transmitted to the seat of Government, by
the returning officers, directed to the Speaker of the Senate
who shall open and publish them in the presence of a major¬
ity of the members of each House of the General Assembly.
The person having the highest number of votes, shall be
Governor; but if two or more shall be equal, and highest in
votes, one of them shall be chosen Governor by joint vote of
both Houses of the General Assembly. Contested elections
for Governor, shall be determined by both Houses of the Gen¬
eral Assembly, in such manner as shall be prescribed by law.
36
Sec. 3. He shall be at least thirty years of age, shall be
a citizen of the United States, and shall have been a citizen
of this State seven years next before his election.
Sec. 4. The Governor shall hold his office for two years,
and until his successor shall be elected and qualified. He
shall not be eligible more than six years in any term of eight.
Sec. 5. He shall be commander-in-chief of the army and
navy of this State, and Of the militia, except when they
shall be called into the service of the United States.
Sec. 6. He shall have power to grant reprieves and par¬
dons, after conviction, except in cases of impeachment.
Sec. 7. He shall, at stated times, receive a compensation
for his services, which shall not be increased or diminished
during the period for which he shall have been elected.
Sec. 8. He may require, information in writing, from the
officers in the executive department, upon any subject relat¬
ing to the duties of their respective offices.
Sec. 9. He may, on extraordinary occasions, convene the
General Assembly, by proclamation ; and shall state to them,
when assembled, the purposes for which they have been
convened; but they shall enter on no legislative business,
except that for which they were specially called together.
Sec. 10. He shall take care that the laws be faithfully
executed.
Sec. 11. He shall, from time to time, give to the General
Assembly, information of the state of the government, and
recommend to their consideration such measures as he shall
judge expedient.
Sec. 12. In case of the removal of the Governor from
office, or of his death, or resignation, the powers and duties
of the office shall devolve on the Speaker of the Senate; and
in case of the death, removal from office, or resignation of the
Speaker of the Senate, the powers and duties of the office
shall devolve on the Speaker of the House of Representatives.
Sec. 13. No member of Congress, or persons holding any
office under the United States, or this State, shall execute
the office of Governor.
Sec. 14. When any officer, the right of whose appoint¬
ment is by this Constitution vested in the General Assem¬
bly, shall, during the recess, die, or the office, by the expira¬
tion of the term, or by other means, become vacant, the
Governor shall have the power to fill such vacancy, by
granting a temporary commission, which shall expire at the
end of the next session of the Legislature.
Sec. 15. There shall be a Seal of this State, which shall
be kept by the Governor, and used by him officially, and
shall be called the Great Seal of the State of Tennessee.
37
Sec. 16. All grants and commissions shall be in the name
and by the authority of the State of Tennessee, be sealed
with the State Seal, and signed by the Governor.
Sec. 17. A Secretary of State shall be appointed by joint
vote of the General Assembly, and commissioned during the
term of four years; he shall keep a fair register of all the
official acts and proceedings of the Governor; and shall,
when required, lay the same, and all papers, minutes and
vouchers relative thereto, before the General Assembly : and
shall perform such other duties as shall be enjoined by law.
ARTICLE IV.
Section 1. Every free white man of the age of twenty-
one years, being a citizen of the United States, and a citi¬
zen of the county wherein he may offer his vote, six months
next preceding the day of election, shall be entitled to vote
for members of the General Assembly, and other civil offi¬
cers, for the county or district in which he resides: Provided,
that no person shall be disqualified from voting in any elec¬
tion on account of color, who is now by the laws of this
State, a competent witness in a court of justice against a
white man. All free men of color, shall be exempt from
military ■, duty in time of peace, and also from paying a free
poll tax.
Sec. 2. Laws may be passed excluding from the right of
suffrage, persons who may be convicted of infamous crimes.
Sec. 3. Electors shall in all cases, except treason, felony
or breach of the peace, be privileged from arrest or summons,
during their attendance at elections, and in going and return¬
ing from them.
Sec. 4. In all elections to be made by the General Assem¬
bly, the members thereof shall vote viva voce; and their votes
shall be entered on the journal. All other elections shall be
by ballot.
ARTICLE V.
Section 1. The House of Representatives shall have the
sole power of impeachment.
Sec. 2. All impeachments shall be tried by the Senate:
when sitting for that purpose, the Senators shall be upon
oath or affirmation. No person shall be convicted without
the concurrence of two-thirds of the Senators sworn to try
the officer impeached.
Sec. 3. The House of Representatives shall elect, from
their own body, three members, whose duty it shall be to
prosecute impeachments. No impeachment shall be tried
38
until the Legislature shall have adjourned sine die, when the
Senate shall proceed to try such impeachment.
Sec. 4. The Governor. Judges of the Supreme Court,
Judges of Inferior Courts, Chancellors, Attorneys for the State,
and Secretary of State, shall be liable to impeachment, when¬
ever they may, in the opinion of the House of Represent¬
atives, commit any crime in their official capacity, which may
require disqualification; but judgment shall only extend to
removal from office, and disqualification to fill any office
thereafter. The party shall, nevertheless, be liable to indict¬
ment, trial, judgment and punishment according to law.
Sec. 5. Justices of the Peace, and other civil officers, not
herein before mentioned, for crimes or misdemeanors in office,
shall be liable to indictment in such courts as the Legislature
may direct; and upon conviction, shall be removed from office
by said court, as if found guilty on impeachment; and shall
be subject to such other punishment as may be prescribed
by law.
ARTICLE VI.
Section 1. The Judicial power of this State, shalf be vest¬
ed in one Supreme Court; in such Inferior Courts as the Le¬
gislature shall from time to time ordain and establish, and
the Judges thereof; and injustices of the Peace. The Legis¬
lature may also vest such jurisdiction as may be deemed
necessary in Corporation Courts.
Sec. 2. The Supreme Court shall be composed of three
Judges, one of whom shall reside in each of the grand divis¬
ions of the State; the concurrence of two of said Judges, shall
in every case be necessary to a decision. The jurisdiction
of this court shall be appellate only, under such restrictions
and regulations as may from time to time be prescribed by
law; but it may possess such other jurisdiction as is now con¬
ferred by law on the present Supreme Court. Said Courts
shall be held at one place, and at one place only, in each of
the three grand divisions of the State.
Sec. 3. The General Assembly shall, by joint vote of both
Houses, appoint Judges to the several Courts of law and
equity; but courts may be established to be holden by Jus¬
tices of the Peace.—Judges of the Supreme Court shall be
thirty-five years of age, and shall be elected for the term of
twelve years.
Sec. 4. The Judges of such Inferior Courts as the Legis¬
lature may establish, shall be thirty years of age, and shall
be elected for the term of eight years.
Sec. 5. The Legislature shall elect Attorneys for the
State, by joint vote of both Houses of the General Assembly,
39
who shall hold their offices for the term of six years. In all
cases where an Attorney for any district fails or refuses to
attend and prosecute according to law, the court shall have
power to appoint an attorney pro tempore.
Sec. 6. Judges and Attorneys for the State may be re¬
moved from office by a concurrent vote of both Houses of the
General Assembly, each House voting separately; but two-
thirds of all the members elected to each House must concur
in such vote; the vote shall be determined by ayes and noes,
and the names of the members voting for or against the
Judge or Attorney for the state, together with the cause or
causes of removal, shall be entered on the journals of each
House respectively. The Judge or Attorney for the State,
against whom the Legislature may be about to proceed, shall
receive notice thereof, accompanied with a copy of the causes
alledged for his removal at least ten days before the day on
which either House of the General Assembly shall act there¬
upon.
Sec. 7. The Judges of the Supreme and Inferior Courts,
shall at stated times, receive a compensation for their ser¬
vices, to be ascertained by law, which shall not be increased
or diminished, during the time for which they are elected.
They shall not be allowed any fees or perquisites of office,
nor hold any other office of trust or profit under this State or
the United States.
Sec. 8. The jurisdiction of such Inferior Courts, as the
Legislature may from time to time, establish, shall be regula¬
ted by law.
Sec. 9. Judges shall not charge Juries with respect to
matters of fact, but may state the testimony and declare the
law.
Sec. 10. The Judges or Justices of such Inferior Courts of
law, as the Legislature may establish, shall have power, in
all civil cases, to issue writs of certiorari to remove any cause
or transcript thereof, from any inferior jurisdiction, into said
Court, on sufficient cause supported by oath or affirmation.
Sec. 11. No Judge of the Supreme or Inferior Courts,
shall preside on the trial of any cause, in the event of which
he may be interested or where either of the parties shall be
connected with him by affinity or consanguinity, within such
degrees as may be prescribed by law, or in which he may
have been of counsel, or in which he may have presided in
any Inferior Court, except by consent of all the parties. In
case all or any of the Judges of the Supreme Court, shall be
thus disqualified from presiding on the trial of any cause or
causes, the Court, or the Judges thereof, shall certify the same
to the Governor of the State, and he shall forthwith specially
40
commission the requisite number of men of law knowledge,
for the trial and determination thereof. In case of sickness
of any of the Judges of the Supreme or Inferior Courts, so that
they or any of them are unable to attend, the Legislature
shall be authorised to make provision by general laws, that
special Judges may be appointed to attend said Courts.
Sec. 12. All writs and other process shall run in the name
of the State of Tennessee; and bear test and be signed by
the respective clerks. Indictment shall conclude, "against
the peace and dignity of the State"
Sec. 13. Judges of the Supreme Court shall appoint their
clerks, who shall hold their offices for the period of six years.
Chancellors (if Courts of Chancery shall be established) shall
appoint their Clerks and Master, who shall hold their offices
for the period of six years. Clerks of such Inferior Courts as
may be hereafter established, which shall be required to be
holden in the respective Counties of this State, shall be elect¬
ed by the qualified voters thereof for the term of four years;
they shall be removed from office for malfeasance, incom¬
petency, or neglect of duty, in such manner as may be pre¬
scribed by law.
Sec. 14. No fine shall be laid on any citizen of this State,
that shall exceed fifty dollars, unless it shall be assessed by
a jury of his peers, who shall assess the fine at the time they
find the fact, if they think the fine should be more than fifty
dollars.
Sec. 15. The different counties in this State shall be laid
off as the General Assembly may direct, into districts of con¬
venient size, so that the whole number in each County shall
not be more than twenty-five, or four for every one hundred
square miles. There shall be two justices of the Peace and
one Constable elected in each district, by the qualified voters
therein, except districts including county towns, which shall
elect three Justices and two Constables. The jurisdiction of
said officers shall be co-extensive with the County. Justices
of the Peace shall be elected for the term of six, and Consta¬
bles for the term of two years. Upon the removal of either
of said officers from the district in which he was elected, his
office shall become vacant from time of such removal. J us-
tices of the Peace shall be commissioned by the Governor:
The Legislature shall have power to provide for the appoint¬
ment of an additional number of Justices of the Peace in in¬
corporated towns,
ARTICLE VII.
Section 1. There shall be elected in each County, by the
qualified voters therein, one Sheriff, one Trustee, and one
41
Register; the Sheriff and Trustee for two years, and the Re¬
gister for four years: Provided, that no person shall be
eligible to the office of Sheriff more than six years in any
term of eight years. There shalbbe elected for each Coun¬
ty* by the Justices of the Peace, one Coroner, and one Ranger,
who shall hold their offices for two years: Said officers shall
be removed for malfeasance, or neglect of duty, in such man¬
ner as may be prescribed by law.
Sec. 2. Should a vacancy occur, subsequent to an elec¬
tion, in the office of Sheriff, Trustee, or Register, it shall be
filled by the Justices; if in that of the Clerks to be elected by
the people, it shall be filled by the Courts: and the person so
appointed, shall continue in office until his successor shall
be elected and qualified; and such office shall be filled by
the qualified voters at the first election for any of the county
officers.
Sec. 3. There shall be a Treasurer or Treasurers ap¬
pointed for the State, by the joint vote of both Houses of the
General Assembly, who shall hold his or their offices for two
years.
Sec. 4. The election of all officers, and the filling of all
vacancies that may happen, by death, resignation or removal,
not otherwise directed or provided for by this Constitution,
shall be made in such manner as the Legislature shall direct.
Sec. 5. The Legislature shall provide, that the election
of the county and other officers, by the people, shall not take
place at the same time that the general elections are held for
members of Congress, members of the Legislature, and Gov¬
ernor. The elections shall commence and terminate on the
same day.
ARTICLE VIII.
Section, 1. All militia officers shall be elected by persons
•subject to military duty, within the bounds of their several
companies, battalions, regiments, brigades, and divisions,
under such rules and regulations as the Legislature may, from
time to time, direct and establish.
Sec. 2. The Governor shall appoint the Adjutant General
and his other Staff Officers; The Majors General, Brigadiers
General, and commanding officers of regiments, shall respec¬
tively appoint their Staff Officers.
Sec. 3. The Legislature shall pass laws, exempting citi¬
zens belonging to any sect or denomination of religion, the
tenets of which are known to be opposed to the bearing of
arms, from attending private and general musters.
AftTICLE IX.
Section 1. Whereas Ministers of the Gospel are, by their
42
profession dedicated to God and the care of souls, and ought
not to be diverted from the great duties of their functions;
therefore, no Minister of the Gospel or Priest of any denomi¬
nation whatever, shall be eligible to a seat in either House
of the Legislature.
Sec. 2. No person who denies the being of God, or a
future state of re wards and punishments, shall hold any office
in the civil department of this State.
Sec. 3. Any person who shall, after the adoption of this
Constitution, fight a duel, or knowingly be the bearer of a
challenge to fight a duel, or send or accept a challenge for
that purpose, or be an aider or abetter in fighting a duel, shall
be deprived of the right to hold any office of honor or profit
in this State, and shall be punished otherwise, in such man¬
ner as the Legislature may prescribe.
ARTICLE X.
Section 1. Every person who shall be chosen or appoint¬
ed to any office of trust or profit, under this Constitution, or
any law made in pursuance thereof, shall, before entering up¬
on the duties thereof, take an oath to support the Constitu¬
tion of this State, and of the United States, and an oath of
office.
Sec. 2. Each member of the Senate and House of Repre¬
sentatives, shall, before they proceed to business, take an
oath or affirmation to support the Constitution of this State,
and of the United States, and also the following oath: "I, ,
do solemnly swear (or affirm,) that, as a member of this Gen¬
eral Assembly, I will, in all appointments, vote without favor,
affection, partiality, or prejudice; and that I will not propose
or assent to any bill, vote or resolution, which shall appear
to me injurious to the people, or consent to any act or thing
whatever, that shall have a tendency to lessen or abridge
their rights and privileges, as declared by the Constitution of
this State."
Sec. 3. Any elector who shall receive any gift or reward
for his vote, in meat, drink, money, or otherwise, shall suffer
such punishment as the laws shall direct. And any person
who shall directly or indirectly give, promise, or bestow, any
such reward to be elected, shall thereby be rendered incapa¬
ble for six years, to serve in the office for which he was
elected, and be subject to such further punishment as the
Legislature shall direct.
Sec. 4. New counties may be established, by the Legis¬
lature, to consist of not less than three hundred and fifty
square miles, and which shall contain a population of four
hundred and fifty qualified voters. No line of such county
43
shall approach the court house of any old county from which
it may be taken, nearer than twelve miles. No part of a
county shall be taken off to form a new county or a part there¬
of, without the consent of a majority of the qualified voters
in such part taken off. And in all cases where an old coun¬
ty may be reduced for the purpose of forming a new one; the
seat of justice in said old county shall not be removed with¬
out the concurrence of two-thirds of both branches of the Le¬
gislature; nor shall said old county be reduced to less than
six hundred and twenty-five square miles: Provided, how¬
ever, that the county of Bedford may be reduced to four hun¬
dred and seventy-five square miles; and there shall not belaid
off more than one new county on the west, and one on the
east, adjoining the county of Bedford; and no new county
line shall run nearer than eleven and a half miles of the seat
of justice of said county. The line of a new county may run
within eleven miles of the seat of justice of Franklin county:
Provided, it does not reduce said county to less contents than
six hundred and twenty-five square miles. The counties of
Carter, Rhea, Tipton, Dyer and Sullivan, are excepted out of
the provisions of this section. The county of Humphreys may
be divided, at such time as may be prescribed by the Legis¬
lature, making the Tennessee river the dividing line, a major¬
ity of the qualified voters of said county voting in favor of
said division: the counties of Carter, Rhea, and Humphreys,
shall not be divided into more than two counties each; nor
shall more than one new county be taken out of the Territory
now composing the counties of Tipton and Dyer; nor shall the
seats of justice in the counties of Rhea, Carter, Tipton, and
Dyer, be removed without the concurrence of two-thirds of
both branches of the Legislature. The county of Sullivan
maybe reduced below the contents of six hundred and twen¬
ty-five square miles; but the line of any new county which
may hereafter be laid off, shall not approach the county seat
of said county nearer than ten miles. The counties of Marion
and Bledsoe shall not be reduced below one thousand quali¬
fied voters each, in forming a new county or counties.
Sec. 5. The citizens who may be included in any new
county shall vote with the county or counties from which
they may have been striken off, for members of Congress, for
Governor, and for members of the General Assembly, until
the next apportionment of members to the General Assembly
after the establishment of such new county.
ARTICLE XI.
Sec. 1. All laws and ordinances now in force and use in
this State, not inconsistent with this Constitution, shall con-
44
tinue in force and use, until they shall expire, be altered, or
repealed by the Legislature.
Sec. 2. Nothing contained in this Constitution shall im¬
pair the validity of debts or contracts, or affect any rights of
property, or any suits, actions, rights of action, or other pro¬
ceedings in courts of justice.
Sec. 3. Any amendment or amendments to this Constitu¬
tion may be proposed in the Senate or House of Representa¬
tives; and if the same shall be agreed to by a majority of all
the members elected to each of the two Houses, such pro¬
posed amendment or amendments shall be entered on their
journals, with the yeas and nays thereon, and referred to the
General Assembly then next to be chosen; and shall be pub¬
lished six months previous to the time of making such choice.
And if in the General Assembly next chosen as aforesaid,
such proposed amendment or amendments shall be agreed to
by two-thirds of all the members elected to each House, then
it shall be tbe duty of the General Assembly to submit such
proposed amendment or amendments to the people, in such
manner, and at such time as the General Assepibly shall pre¬
scribe. And if the people shall approve and ratify such
amendment or amendments, by a majority of all the citizens
of the State, voting for Representatives; voting in their favor,
such amendment or amendments shall become part of this
Constitution. When any amendment or amendments to the
Constitution shall be proposed in pursuance of the foregoing
provisions, the same shall at each of the said sessions be read
three times on three several days in each House. The Legis¬
lature shall not propose amendments to the Constitution
oftener than once in six years.
Sec. 4. The Legislature shall have no power to grant di¬
vorces, but they may authorise the courts of justice to grant
them for such causes as may be specified by law: Provided,
that such laws be general and uniform in their operation
throughout the State.
Sec. 5. The Legislature shall have no power to authorize
lotteries for any purpose, and shall pass laws to prohibit the
sale of lottery tickets in this State.
Sec. 6. The Legislature shall fix the rate of interest—
and the rate so established shall be equal and uniform through¬
out the State.
Sec. 7. The Legislature shall have no power to suspend
any general law for the benefit of any particular individual;
nor to pass any law for the benefit of individuals inconsist¬
ent with the general laws of the land; nor to pass any law
granting to any individual or individuals, rights, privileges,
immunities, or exemptions, other than such as may be, by the
45
same law, extended to any member of the community, who
may be able to bring himself within the provisions of such
law: Provided, always, the Legislature shall have power to
grant such charters of incorporation as they may deem expe¬
dient for the public good.
Sec. 8. The Legislature shall have the right to vest such
powers in the courts of justice, with regard to private and
local affairs, as may be deemed expedient.
Sec. 9. A well regulated system of internal improvement
is calculated to develope the resources of the State, and pro¬
mote the happiness and prosperity of her citizens; therefore,
it ought to be encouraged by the General Assembly.
Sec. 10. Knowledge, learning and virtue, being essential
to the preservation of republican institutions, and the diffusion
of the opportunities and advantages of education throughout
the different portions of the State, being highly conducive to
the promotion of this end; it shall be the duty of the General
Assembly in all future periods of this government, to cherish
literature and science. And the fund called the Common
School Fund, and all the lands and proceeds thereof, divi¬
dends, stocks, and other property of every description what¬
ever, heretofore by law appropriated by the General Assem¬
bly of this State, for the use of common schools, and all such
as shall hereafter be appropriated, shall remain a perpetual
fund, the principal of which shall never be diminished by
legislative appropriation, and the interest thereof shall be
inviolably appropriated to the support and encouragement of
common schools throughout the State, and for the equal ben¬
efit of all the people thereof; and no law shall be made au¬
thorizing said fund, or any part thereof, to be diverted to any
other use than the support and encouragement of common
schools; and it shall be the duty of the General Assembly to
appoint a Board of Commissioners for such term of time as
they may think proper, who shall have the general superin¬
tendence of said fund, and who shall make a report of the
condition of the same, from time to time, under such rules,
regulations, and restrictions, as may be required by law: Pro¬
vided, that if at any time hereafter a division of the public
lands of the United States, or of the money arising from the
sales of such lands, shall be made among the individual
States, the part of such lands, or money, coming to this State,
shall be devoted to the purposes of education and internal
improvement; and shall never be applied to any other pur¬
pose.
Sec. 11. The above provisions shall not be construed to
prevent the Legislature from carrying into effect any laws
that have been passed in favor of colleges, universities or
46
academies,or from authorizing heirs or distributees to receive
and enjoy escheated property,-under such rules and regula¬
tions as from time to time may be prescribed by law.
Sec. 12. The Declaration of Rights hereto prefixed, is de¬
clared to be a part of the Constitution of this State, and shall
never be violated on any pretence whatever. And to
guard against transgression of the high powers we have del¬
egated, we declare that every thing in the Bill of Rights con¬
tained, is excepted out of the general powers of the govern¬
ment, and shall forever remain inviolate.
SCHEDULE.
Section 1. That no inconvenience may arise from a
change of the Constitution, it is declared, that all officers,
civil and military, shall continue to hold their offices; and
all the functions appertaining to the same shall be exercised
and performed according to the existing laws and Constitu¬
tion, until the end of the first session of the General Assem¬
bly, which shall sit under this Constitution, and until the
Government can be reorganized, and put into operation un¬
der this Constitution, in such manner as the first General As¬
sembly aforesaid shall prescribe, and no longer.
Sec. 2. The General Assembly which shall sit after the
first apportionment of representation under the new Consti¬
tution, to wit: in the year one thousand eight hundred and
forty-three, shall, within the first week after the commence¬
ment of the session, designate and fix the seat of govern¬
ment; and when so fixed, it shall not be removed, except by
the consent of two-thirds of the members of both Houses of
the General Assembly. The first and second sessions of the
General Assembly under this Constitution shall be held in
Nashville.
Sec. 3. Until a land office shall be opened, so as to enable
the citizens south and west of the congressional reservation
line, to obtain titles upon their claims of occupancy, those
who hold lands by virtue of such claims, shall be eligible to
serve in all capacities, where a freehold is, by the laws of the
State, made a requisite qualification.
Done in Convention at Nashville, on the 30th day of August,
in the year of our Lord one thousand eight hundred and
thirty-four, and of the Independence of the United States,
the fifty-ninth.
In testimony whereof, we have hereunto subscribed our
names.
WILLIAM B. CARTER, President.
ROBERT ALLEN, WILLIAM LEDBETTER,
HUGH C. ARMSTRONG, WILLIAM H. LOVING,
47
ADAM R. ALEXANDER,
RICHARD BRADSHAW,
ROBERT M. BURTON,
WILLIE BLOUNT,
MACL1N CROSS,
JAMES GRAY,
NEWTON CANNON,
WILLIAM G. CHILDRESS,
TERRY H. CAHAL,
ROBERT L. COBBS,
RICHARD CHEATHAM,
BURCHET DOUGLAS,
FRANCIS B. FOGG,
GRAY GARRETT,
JAMES GILLESPY,
BOLLING GORDON,
CALLAWAY HODGES,
ISAAC HILL,
ADAM HUNTSMAN,
WEST H. HUMPHREYS,
NELSON I. HESS,
JOHN KELEY,
ANDREW A. KINCANNON,
JOSEPH KINCAID,
PETER KENDALL,
BRADLEY KIMBROUGH,
ABRAHAM McCLELLAN,
ROBERT J. McKINNEY,
JOSEPH A. MABRY,
JOHN McGAUGHY.
JOHN MONTGOMERY,
GEORGE W. L. MARR,
JOHN NEIL,
RICHARD NELSON,
THOMAS C. PORTER,
JOHN PURDY,
WILLIAM C. RODMAN,
GEORGE W. RICHARDSON,
HENRY RIDLEY,
JULIUS C. N. ROBERTSON,
MATTHEW STEPHENSON,
WILLIAM T. SENTER,
JAMES W. SMITH,
WILLIAM C. SMARTT,
HENRY SHARP,
JAMES SCOTT,
ENNIS URY,
JOHN WHITSON,
ISAAC WALTON,
JOHN J. WHITE,
JONATHAN WEBSTER,
ROBERT WEAKLEY.
Attest.
WILLIAM K. HILL. Secretary.
.
.
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