USA > Tennessee > Hardin County > A history of Hardin County, Tennessee > Part 6
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SEC. 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.
SEC. 25. No person who heretofore hath been, or may here- after be, a collector or holder of public moneys, shall have a seat in either House of the General Assembly, or hold any other office under the State Government, 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, Secretary 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 lucrative office at the same time; Provided, that no appointment in the militia, or to the office of Justice of the Peace, shall be con- sidered a lucrative office, or operative as a dis qualification to a seat in either House of the General Assembly.
SEC. 27. Any member of either House of the General As- sembly 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 this dissent entered on the journals.
SEC. 28. All property, real, personal, or mixed, shall be taxed, but the Legislature may except such as may be held by the State, by counties, cities, or towns, and used exclusively for public or corporation purposes, and such as may be held and used for purposes purely religious, charitable, scientific, liter-
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ary, or educational, and shall except one thousand dollars, worth of personal property in the hands of each tax-payer, and the direct product of the soil in the hands of the producer and his immediate vendee. All property shall be taxed ac- cording to its value, that value to be ascertained in such man- ner as the Legislature shall direct, so that taxes shall be equal and uniform throughout the State. No one species of prop- erty from which a tax may be collected shall be taxed higher than any other species of property of the same value. But the Legislature shall have power to tax merchants, peddlers, and privileges, in such manner as they may from time to time direct. The portion of a merchant's capital used in the' purchase of merchandise sold by him to non-residents and sent beyond the State, shall not be taxed at a rate higher than the ad valorem tax on property. The Legislature shall have the power to levy a tax upon incomes derived from stocks and bonds that are not taxed ad valorem. All male citizens of this State over the age of twenty-one years, except such per- sons as may be exempted by law on account of age or other infirmity, shall be liable to -a poll tax of not less than fifty cents nor more than one dollar per annum. Nor shall any county or corporation levy a poll tax; exceeding the amount levied by the State.
SEC. 29. The General Assembly shall have power to author- ize the several counties and incorporated towns in this State to impose taxes for county and corporation purposes respect- ively, in such manner as shall be prescribed by law; and all property shall be taxed according to its value, upon the prin- ciples established in regard to State taxation. But the credit of no county, city, or town shall be given or loaned to or in aid of any person, company, association, or corporation, except- upon an election to be first held by the qualified voters of such county, city, or town, and the assent of three-fourths of the votes cast at said election. Nor shall any county, city, or town become a stockholder with others in any company, asso- ciation, or corporation, except upon a like election and the assent of a like majority. But the counties of Grainger, Haw- kins, Hancock, Union, Campbell, Scott, Morgan, Grundy, Sum- ner, Smith, Fentress, Van Buren, and the new county herein authorized to be established out of fractions of Sumner, Ma- con, and Smith counties, /White, Putnam, Overton, Jackson, Cumberland, Anderson, Henderson, Wayne, Cocke, Coffee, Macon, Marshall, and Roane shall be excepted out of the pro- visions of this section, so far that the assent of a majority of the qualified voters of either of said counties voting on the question shall be sufficient, when the credit of such county is given or loaned to any person, association, or corporation ; Provided, that the exception of the counties above named shall not be in force beyond the year one thousand eight hundred and eighty, and after that period they shall be subject to the
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three-fourths majority applicable to the other counties of the State.
SEC. 30. No article manufactured of the produce of this State shall be taxed otherwise than to pay inspection fees & alorono.
SEC. 31. The credit of this State shall not be hereafter loaned or given to or in aid of any person, association, company, cor- poration; or municipality; nor shall the State become the owner, in whole or in part, of any bank, or a stockholder with others in any association, company, corporation, or munici- pality.
SEC. 32. No convention or General Assembly of this State shall act upon any amendment of the Constitution of the United States proposed by Congress to the several , States, un- less such convention or General Assembly shall have been elected after such amendment is submitted.
SEC. 33. No bonds of the State shall be issued to any rail- road company which, at the time of its application for the same, shall be in default in paying the interest upon the State bonds previously loaned to it, or that shall hereafter, and be- fore such application, sell or absolutely dispose of any State bonds loaned to it for less than par.
ARTICLE III. EXECUTIVE DEPARTMENT.
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 time 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 mem- bers 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 ..
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 the State, and of the militia, except when they shall
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be called into the service of the United States; but the militia shall not be called into service except in case of rebellion or invasion, and then only when the General Assembly shall de- clare by law that the public safety requires it.
SEC. 6. He shall have power to grant reprieves and pardons 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 of 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, in which he shall state specifically the purposes for which they are to convene; but they shall enter on no legislative business except that for which they were specifically called together,
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SEC. 10. He shall take care that the laws be faithfullly exe- cuted.
SEC. 11. He shall, from time to time, give to the General Assembly information of the state of the government, and recommend for 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 person 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 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.
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.
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 commmissioned during the term of four years; he shall keep a fair register of all the offi- cial acts and proceedings of the Governor, and shall, when" required, lay the same and all papers, minutes, and vouchers
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relative thereto before the General Assembly; and shall per- form such other duties as shall be enjoined by law.
SEC. 18. Every bill which may pass both Houses of the Gen- eral Assembly shall, before it becomes a law, be presented to the Governor for his signature. If he approve, he shall sign it, and the same shall become a law; but if he refuse to sign it, he shall return it, with his objections thereto in writing, to the House in which it originated, and said House shall cause said objections to be entered at large upon its journal, and proceed to reconsider the bill. If, after such reconsideration, a majority of all the members elected to that House shall agree to pass the bill, notwithstanding the objections of the Execu- tive, it shall be sent, with said objections, to the other House, by which it shall be likewise reconsidered. If approved by a majority of the whole number elected to that House, it shall become a law. The votes of both Houses shall be determined by yeas and nays, and the names of all the members voting for or against the bill shall be entered upon the journals of their respective Houses. If the Governor shall fail to return any bill, with his objections, within five days (Sundays ex- cepted) after it shall have been presented to him, the same shall become a law without his signature, unless the General Assembly by its adjournment prevents its return, in which case it shall not become a law. Every joint resolution or order (except on questions of adjournment) shall likewise. be pre- sented to the Governor for his signature, and before it shall take effect shall receive his signature; and, on being disap- proved by him, shall in like manner be returned with his ob- jections; and the same, before it shall take effect, shall be re- passed by a majority of all the members elected to both Houses, in the manner and according to the rules prescribed in case of a bill.
ARTICLE IV. -
ELECTIONS.
'SECTION 1. Every male person of the age of twenty-one years, being a citizen of the United States, and a resident of this State for twelve months, and of the county wherein he may offer his vote for 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; and there shall be no qualification attached to the right of suffrage, except that each voter shall give to the judges of election where he offers to vote satisfactory evidence that he has paid the poll taxes assessed against him for such. preceding period as the Legislature shall prescribe, and at such time as may be prescribed by law, without which his vote cannot be received. And all male citizens of the State
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shall be subject to the payment of poll taxes and the perform- ance of military duty within such ages as may be prescribed by law. The General Assembly shall have power to enact laws requiring voters to vote in the election precincts in which they reside, and laws to secure the freedom of elections and the purity of the ballot-box.
SEC. 2. Laws may be passed excluding from the right of suf- frage 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 to and re- turning from them.
SEC. 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 V. IMPEACHMENT.
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, and the Chief Justice of the Supreme Court, or if he be on trial, the senior Associate Judge, shall preside over them. No person shall be convicted without the concur- rence 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 until the Leg- islature 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 the Inferior Courts, Chancellors, Attorneys for the State, Treasurer, Comptroller, 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 accord- ing to law. The Legislature now has, and shall continue to have, power to relieve from the penalties imposed any person disqualified from holding office by the judgment of a Court of Impeachment ..
SEC. 5. Justices of the Peace, and other civil officers not hereinbefore mentioned, for crimes and misdemeanors in office,
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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. JUDICIAL DEPARTMENT.
SECTION 1. The judicial power of this State shall be vested in one Supreme Court, and in such Circuit, Chancery, and other inferior courts as the Legislature shall from time to time ordain and establish, in the Judges thereof, and in Justices of the Peace. The Legislature may also vest such jurisdiction in corporation courts as may be deemed necessary. Courts to be holden by Justices of the Peace may also be established.
SEC. 2. The Supreme Court shall consist of five Judges, of whom not more than two shall reside in any one of the grand divisions of the State. The Judges shall designate one of their own number who shall preside as Chief Justice. The concur- rence of three of the 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 Su- preme Court; said court shall be held at Knoxville, Nashville, and Jackson.7
SEc. 3. The Judges of the Supreme Court shall be elected by the qualified voters of the State. The Legislature shall have power to prescribe such rules as may be necessary to carry out the provisions of Section 2 of this Article. Every Judge of the Supreme Court shall be thirty-five years of age, and shall, before his election, have been a resident of the State for five years. His term of service shall be eight years. SEC. 4. The Judges of the Circuit and Chancery Courts, and of other inferior courts, shall be elected by the qualified voters. of the district or circuit to which they are to be assigned. Every Judge of such courts shall be thirty years of age, and shall, before his election, have been a resident of the State five years, and of the circuit or district one year. His term of service shall be eight years.
SEC. 5. An Attorney-General and Reporter for the State shall be appointed by the Judges of the Supreme Court, and shall hold his office for a term of eight years. An Attorney for the State for any circuit or district for which a Judge having crim- inal jurisdiction shall be provided by law, shall be elected by the qualified voters of such circuit or district, and shall hold his office for a term of. eight years, and shall have been a resi- dent of the State five years, and of the circuit or district one
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year. . In all cases where the 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 removed from office by a concurrent vote of both Houses of the Gen- eral Assembly, each House voting separately; but two-thirds of the members to which each House may be entitled 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 journal of each House respectively. The Judge or Attorney for the State, against whom the Legislature may be about to proceed, shall receive notice thereof, acccompanied 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 there- upon.
SEC. 7. The Judges of the Supreme or inferior courts shall, ยท 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 office of trust or profit under this State or the United States.
SEO. 8. The jurisdiction of the Circuit, Chancery, and other inferior courts, shall be as now established by law, until changed by the Legislature.
SEC. 9. Judges shall not charge juries with respect to mat- ters of fact, but may state the testimony and declare the law.
/SEC. 10. Judges or Justices of the inferior courts of law and equity shall have power in all civil cases to issue writs of cer -- tiorari, to remove any cause or the transcript of the record thereof from any inferior jurisdiction into such court of law, 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 thus be 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. The Legislature may, by general laws, make provision that special Judges may be appointed to hold any court the Judge of which shall be unable or fail to attend or sit; or to hear any cause in which the Judge may be in- competent.
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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. Indictments shall conclude, "Against the peace and dignity of the State."
SEc. 13. The Judges of the Supreme Court shall appoint their Clerks, who shall hold their offices for six years. Chancellors shall appoint their Clerks and Masters, who shall hold their offices for six years. Clerks of the inferior courts, holden in the respective counties or districts, shall be elected by the qualified voters thereof for the term of four years. Any Clerk may be removed from office for malfeasance, incompetency, or neglect of duty, in such manner as may be prescribed 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 of this State shall be laid off as the General Assembly may direct into districts of conven- ient 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 Con- stable 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 be- come vacant from the time of such removal. Justices of the Peace shall be commissioned by the Governor. The Legisla- ture shall have power to provide for the appointment of an additional number of Justices of the Peace in incorporated towns.
ARTICLE VII. STATE AND COUNTY OFFICERS.
SECTION 1. There shall be elected in each county, by the qualified voters therein, one Sheriff, one Trustee, one Register ; the Sheriff and Trustee for two years and the Register for four years; but 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 neg- lect of duty, in such manner as may be prescribed by law.
SEC. 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 Clerk, to be elected by the peo- v
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ple, it shall be filled by the courts; and the person so ap- pointed 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 and a Comp- troller of the Treasury appointed for the State by the joint vote of both Houses of the General Assembly, who shall hold their offices for two years.
SEC. 4. The election of all officers and the filling of all va- cancies not otherwise directed or provided by this Constitu- tion, shall be made in such manner as the Legislature shall direct.
SEC. 5. Elections for judicial and other civil officers shall be held on the first Thursday in August, one thousand eight hun- dred and seventy, and forever thereafter on the first Thursday in August next preceding the expiration of their respective terms of service.
The term of each officer so elected shall be computed from the first day of September next succeeding his election. The term of office of the Governor and other executive officers shall be computed from the fifteenth of January next after the election of the Governor. No appointment or election to fill a vacancy shall be made for a period extending beyond the unexpired term. Every officer shall hold his office until his successor is elected or appointed and qualified. No special election shall be held to fill a vacancy in the office of Judge or District Attorney, but at the time herein fixed for the biennial election of civil officers. And such vacancy shall be filled at the next biennial election recurring more than thirty days after the vacancy occurs.
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