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dertakes to examine the proceedings of the 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 publication of papers investigating the official conduct of officers or men in public capacity, the truth thereof may be given in evidence; and in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other criminal cases.
20. That no retrospective law, or law impairing the obligation of contracts, shall be made.
21. That no man's particular services shall be demanded, or property taken, or applied to public use, without the consent of his representatives, or without just compensation being made therefor.
22. That perpetuities and monopolies are contrary to the genius of a free state, and shall not be allowed.
23. That the citizens have a right, in a peaceable manner, to assemble together, for their common good, to instruct their representatives, and to apply to those invested with the powers of government for redress of grievances or other proper purposes, by address or remonstrance.
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 community will admit; and that in all cases the military shall be kept in strict subordination to the civil authority.
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. .
26. That the free white men of this state have a right to keep and to bear arms for their common defence. .
27. That no soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in a manner prescribed by law.
28. That no citizen of this state shall be compelled to bear arms, provided he will pay an equivalent, to be ascertained by law.
29. That an equal participation of the free navigation of the Missis sippi, 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.
30. That no hereditary emoluments, privileges, or honours skall ever be granted or conferred in this state.
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 mountain 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 nver runs through the same; thence to the top of the Bald mountain; thence along the extreme height of said mountain, to the Painted Rock, on French Broad river; thence along the highest ridge of said mountain, to the place where it is called the Great Iron or Smoky mountain; thence along the extreme height of said mountain, to the place where it is called Unicoi ür 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 descrihed 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 mentioned, 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, recognising the articles of confederation, the bill of rights, and constitution of North Carolina, the cession act of the said state, and the ordinance of congress for the government of the territory north-west of the Ohio: provided, nothing herein contained shall extend to affect the claim or claims of individuals, to any part of the soil which is recognised to them by the aforesaid cession act: and provided also, that the limits and jurisdiction of this state shall extend to any other land and territory now acquired, or that may hereafter be acquired by compact or agreement with other states or otherwise, although such land and territory are not included within the boundaries herein before designated.
32. The people residing south of French Broad and Holston between the rivers Tennessee and Big Pigeon, are entitled to the right of preemption and occupancy in that tract.
ARTICLE 2. $ 1. The powers of the government shall be divided into three distinct departments; the legislative, executive, and judicial.
2. No person or persons belonging to one of these departments shall exercise any of the powers properly belonging to either of the others, except in the cases herein directed or permitted.
3. The legislative authority of this state shall be vested in a general assembly, which shall consist of a senate and house of representatives, both dependent on the people.
4. An enumeration of the qualified voters and an apportionment of the representatives in the general assembly, shall be made in the year one thousand eight hundred and forty-one, and within every subsequent term of ten years.
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 ninety-nine; pro. vided, that any county having two-thirds of the ratio, shall be entitled to one member.
6. The number of senators shall, at the several periods of making the enumeration, be apportioned among the several counties or districts, •ccording 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 members 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.
7. The first election for senators and representatives shall be held on the first Thursday in August, one thousand eight hundred and thirtyfive; and for ever thereafter, elections for members of the general assembly shall be held once in two years, on the first Thursday in August; said elections shall terminate the same day.
8. The first session of the general assembly shall commence on the first Monday in October, one thousand eight hundred and thirty-five; and for ever thereafter, the general assembly shall meet on the first Monday in October next ensuing the election.
9. No person shall be a representative, unless he shall be a citizen of the United 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 county he represents one year immediately preceding the election.
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 was 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.
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 business; but a smaller number may adjourn from day to day, and may be authorized by law to compel the attendance of absent members.
12. Each house may determine the rules of its proceedings, punish its members for disorderly behaviour, and, with the concurrence of twothirds, 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.
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 not be questioned in any other place.
14. Each house may punish by imprisonment, during its session, any person not a member, who shall be guilty of disrespect to the house, by any disorderly or contemptuous behaviour in its presence.
15. When vacancies happen in either house, the governor for the time being shall issue writs of election to fill such vacancies.
16. Neither house shall, during its session, adjourn without consent of the other for more than three days, nor to any other place than that in which the two houses shall be sitting.
17. Bills may originate in either house, but may be amended, altered, or rejected, by the other.
18. Every bill shall be read once on three different days, and be passed each time in the house where it originated, before transmission to the other. No bill shall become a law, until it shall be read and passed on three different days in each house, and be signed by the respective speakers. 19. After a bill has been rejected, no bill containing the same substance shall be passed into a law during the same session. 20. The style of the laws of this state shall be, “ Be it enacted by the General Assembly of the State of Tennessee."
21. Each house shall keep a journal of its proceedings, and publish it, except such parts as the welfare of the state may require to be kept secret; the ages 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.
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
23. The sum of four dollars per day, and four dollars 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 legislatures 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. 24. No money shall be drawn from the treasury, but in consequence of appropriations made by law: and an accurate 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.
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.
26. Nojudge of any court of law or equity, secretary of state, attorneygeneral, 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
nor shall any person in this state hold more than ono lucrative office at the same time: Provided, that no appointment in the militia, or to 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.
27. Any member of either house of the general 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.
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 legislature may from time to time deem
expedient, shall be taxable. 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 legislature shall have power to tax merchants, pedlers, 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.
29. The general assembly shall have power to authorize the several counties and incorporated towns in this state, to impose taxes for county and corporation purposes 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.
30. No article manufactured of the produce of this state shall be taxed otherwise than to pay inspection fees.
31. The general assembly shall have no power to pass laws for the emancipation of slaves, without the consent of their owner or owners.
ARTICLE 3 § 1. The supreme executive power of this state shall be vested in a governor.
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 majority 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 general assembly, in such manner as shall be prescribed by law.
3. He shall be at least thirty years of ageshall be a citizen of the United States, and shall have been a citizen of this state seven years next before his election.
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.
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.
6. He shall have power to grant reprieves and pardons, after conviction, except in cases of impeachment.
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.
8. He may require information in writing, from the officers in the executive department, upon any subject relating to the duties of their respective offices.
9. He may, on extraordinary occasions, convene the general assembly