« AnteriorContinuar »
of, from any inferior jurisdiction into their court, on sufficient cause, supported by oath or affirmation.
VIII. No Judge shall sit on the trial of any cause where the parties shall be connected with him, by affinily or consanguinity, except by consent of both parties. In case all the Judges of the Superior Court shall be interested in the event of any cause, or related to all or either of the parties, the Governor of the State shall in such case, specially commission three men, of law knowledge, for the determination thereof.
IX. 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, iguinst the peace and dignity of the State.
X. Each Court shall appoint its own clerk, who may hold his office during good behaviour.
XI. No fine shall be laid on any citizen of this state, that shall exceed fifty doilars, unless it shall be assesed by a jury of his peers, who shall assess the fine at the time they find the fact, if they think the fine ought to be more than fifty dollars.
XII. There shall be Justices of the Peace appointed for each county, not exceeding two for each captain's company, except for the company which includes the county town, which shall not exceed three, who shall hold their offices during good behaviouri
ARTICLE VI. 1. There shall be appointed in each county, by the County Court, one Sherifl, one Coroner, one Trustee, and a sufficient number of Constables, who shall hold their offices for two years. They shall also have powcer to appoint one Register and Ranger for the county, who shall hold their othces during good behaviour.-The Sheriff and Coroner shall be commissioned by the Governor.
II. There shall be a Treasurer or Treasurers appointed for the State, who shall hold his or their offices for two years.
I11. The appointment of all officers, not otherwise directed by this Constitution, shall be vested in the Legislature.
ARTICLE VII. I. Captains, subalterns, and non-commissioned officers, shall be elected by those citizens, in their respective districts, who are subject to military duty.
II. All field officers of the militia shall be elected by those citizens in their respective counties who are subject to military duty.
III. Brigadiers General shall be elected by the field officers of their respective brigades.
IV. Majors General shall be elected by the brigadiers and field officers of their respective divisions.
V. The Governor shall appoint the Adjutant General ; the Majors General shall appoint their aids; the Brigadiers General shall appoint their Brigade Majors, and the commanding officers of regiments, their Adjutants and Quarter Masters.
VI. The Captains and the subalterns of the cavalry shall be appointed by the troops enrolled in their respective companies, and the field officers of the districts shall be appointed by the said captains and subalterns, provided that whenever any new county is laid off, that the field officers of the said cavalry shall appoint the captain,&c. therein, pro temfiore, until the company is filled up and completed, at which time the election of the captains and subalterns shall take place as aforesaid.
VII. 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 VIII. I. Whereas the ministers of the Gospel are, by their professions, 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 denomination whatever, shall be eligible to a seat in either House of the Legislature.
II. No person who denies the being of a God or a future state of rewards and fiunishments, shall hold any of. fice in the civil department of this State.
ARTICLE IX. I. That every person who shall be chosen or appointed to any office of trust or profit, shall, before entering on the execution thereof, take an oath to support the Constitution of this State, and also an oath of office.
II. That each member of the Senate and House of Representatives, shall, before they proceed to business, take an oath, or affirmation, to support 'the Constitution of this State, and also the following oath: -I, A.B. 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 lesson or abridge their rights and privileges, as declared by the Constitution of this State.
III. 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 two years, to serve in the office for which he was elected, and be subject to such further punishment as the Legislature shall dia rect.
IV. No new county shall be established by the General Assembly, which shall reduce the county or counties, or either of them, from which it shall be taken, to a less content than six hundred and twenty-five square miles. Nor sliall any new county be laid off, of less contents. All new counties, as to the right of suffrage and representation, shall be considered as part of the county or counties from which it was taken, until entitled by numbers to the right of representation. No bill shall be passed into a law, for the establishment of a new county, except upon a petition to the General Assembly for that purpose, signed by two hundred of the free male inhabitants within the lia mits or bounds of such new county prayed to be laid aff. M2
ARTICLE X. I. Knoxville shall be the seat of Government, until the year 1802.
II. All laws and ordinances now in force and use in this territory, not consistent with this Constitution, shall continue to be in force and use in this State, until they shall expire, be altered, or repealed by the Legislature.
III. That whenever two thirds of the General Assembly shall think it necessary to amend or change this Constitution, they shall recommend to the electors, at the next election for Members to the General Assembly, to vote for or against a convention; and if it shall appear that a majority of all the citizens of the State, voting for Representatives, have voted for a Convention, in that case, the General Assembly shall, at their next session, call a Convention, to consist of as many Members as there be in the General Assembly, to be chosen in the saine manner, at the same place, and by the same electors that chuse the General Assembly, who shall inect within three months after the said election, for the purpose of revising, amending, or changing the Constitution.
IV The Declaration of Rights hereto annexed, is declared to be a part of the Constitution of this State, and shall never be violated on any pretence whatever.--And to guard against transgressions of the high powers which we have delegated, We declare, that every thing in the bill of rights contained, and every other right not hereby delegated, is excepted out of the general powers of Government, and shall forever remain inviolate.
ARTICLE XI. DECLARATION OF RIGHTS. I. That all power is inherent in the People, and al} free Governments are founded on their authority, and instituted for their peace, safety, and happiness : for the advancement of those ends, they have at all times an unalienable and indefeasible right to alter, reform, or a. bolish the Government in such manner as they may think proper.
II. That Government being instituted for the common benefit, the doctrine of non-resistance against arbitrary power and oppression, is absurd, slavish, and destructive to the good and happiness of mankind.
III. That all men have a natural and indefeasible right to worship ALMIGHTY GOD according to the dictates of their own consciences ; that no man can of right be compelled to attend, erect, or support any place of worship, or to maintain any ministry against his consent ; that no human authority can in any case whatever controul or interfere with the rights of Conscience ; and that no preference shall ever be given by law to any religious establishments or modes of worship.
IV. That no religious test shall ever be required as a qualification to any office or public trust under this State.
V. That elections shall be free and equal.
VI. That the right of trial by jury shall remain inviolate.
VII. 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 Liberty, and ought not to be granted.
VIII. That no freeman shall be taken, or imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed, or deprived of his life, liberty, or property, but by the judg. ment of his peers, or the law of the land.
IX. 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 favour; and in prosecutions by indict.