« AnteriorContinuar »
buy proclamation; and shall state to them, when assembled, the purposes for which they shall have been convened; but they shall enter on no legislative business, except that for which they were specially called together. 10. He shall take care that the laws be faithfully executed.
11. He shall, from time to time, give to the general assembly information of the state of the government, and recommend to their consi deration such measures as he shall judge expedient.
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.
13. No member of congress, or person holding any office under the United States, or this state, shall execute the office of governor.
14. When any officer, the right of whose appointment is by this constitution vested in the general assembly, shall, during the recess, die, or the office, by the expiration 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.
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.
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.
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 4, § 1. Every free white man of the age of twenty-one years, being a citizen of the United States, and a citizen 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 officers, for the county or district in which he resides : provided, that no person shall be disqualified from voting in any election on account of colour, 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 colour shall be exempt from military duty in time of peace, and also from paying a free poll tax.
2. Laws may be passed excluding from the right of suffrage, persons wko may be convicted of infamous crimes.
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 to and returning from them.
4. In all elections to be made by the general assembly, the members
thereof shall vote viva voce; and their votes shall be entered on the journal. All other elections shall be by ballot.
ARTICLE 5. $1. The house of representatives shall have the sole power of impeachment.
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.
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 until the legislature shall have adjourned sine die, when the senate shall proceed to try such impeachment.
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, whenever they may, in the opinion of the house of representatives, 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 indictment, trial, judgment, and punishment, according to law.
5. Justices of the peace, and other civil officers, not hereinbefore 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 6.
$1. The judicial power of this state shall be vested in one supremo court, in such inferior courts as the legislature shall from time to time ordain and establish, and the judges thereof and in justices of the peace. The legislature may also vest such jurisdiction as may be deemed necessary in corporation courts.
2. The supreme court shall be composed of three judges, one of whom shall reside in each of the grand divisions 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 conferred 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 in the state.
3. The general assembly shall, by joint vote of both houses, appoint 3 judges of the several courts of law and equity ; but courts may be
established to be holden by justices 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.
4. The judges of such inferior courts as the legislature may establish, shall be thirty years of age, and shall be elected for the term of eight years,
5. The legislature shall eloct attorneys for the state, by joint vote of
both houses of the general assembly, 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.
6. Judges and attorneys for the state, may be removed from office by à 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 alleged for his removal, at least ten days before the day on which either house of the general assembly shall act thereupon.
7. The judges of the supreme and inferior courts, shall, at stated times, receive a compensation for their services, 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.
8. The jurisdiction of such inferior courts, as the legislature may from time to time establish, shall be regulated by law.
9. Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law.
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.
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 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 authorized to make provision by the general laws, that special judges may be appointed to attend said courts.
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. Indictments shall conclude, “against the peace and dignity of the state.”
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 sball be established) shall appoint their clerks and masters, who shall hold their offices for the period of six years. Clerks of such infe
rior courts as may be hereafter established, which shall be required to be hɔlden in the respective counties of this state, shall be elected by the qualified voters thereof, for the term of four years; they sha!l be re moved from office for malfeasance, incompetency or neglect of duty, in such manner as may be prescribed by law.
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,
15. The different counties in this state shall be laid off as the general assembly may direct, into districts of convenient 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 constables 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 the time of such removal. Justices of the peace shall be commissioned by the governor. The legislature shall have power to provide for the appointment of an additional number of justices of the peace in incorporated towns.
$ 1. There shall be elected in each county, by the qualified voters therein, one sheriff, one trustee, and one register; the sheriff and trustee for two years, and the register 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 shall be elected for each county, 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 manner as may be prescribed by law.
2. Should a vacancy occur, subsequent to an election, 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.
3. There shall be a treasurer or treasurers appointed for the state, by the joint vote of both houses of the general assembly, who shall hold his or their offices for two years.
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.
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 governor. The elections shall commence and terminate on the same day.
ARTICLE 8. $ 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.
2. The governor shall appoint the adjutant-general and his other staff officers; the majors-general, brigadiers-general and commanding officers of regiments, shall respectively appoint their staff-officers.
3. The legislature shall pass laws, exempting citizens 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,
ARTICLE 9. § 1. Whereas, ministers of the gospel are, by their profession, dedi. cated 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 denomination whatever, shall be eligible to a seat in either house of the legislature.
2. No person who denies the being of a God, or a future state of rewards and punishments, shall hold any office in the civil department of this state.
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 abettor in fighting a duel, shall be deprived of the right to hold any office of honour or profit in this state, and shall be punished otherwise, in such manner as the legislature may prescribe.
ARTICLE 10. $1. Every person who shall be chosen or appointed to any office of trust or profit, under this constitution, or any law made in pursuance thereof, shall, before entering on the duties thereof, take an oath to support the constitution of this state, and of the United States, and an oath of office.
2. Each member of the senate and house of representatives snail, 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 : "1, do solemnly swear, (or affirm,) that, as a member of this general assembly, I will, in all appointments, vote without favour, 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.”
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 incapable, 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.