USA > Tennessee > History of Tennessee, from its earliest discoveries and settlements to the end of the year 1894 > Part 18
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His duties are the same toward the Supreme Court as required by law from a Sheriff toward a Circuit Court.
His salary is three dollars per day for each day he attends the court.
Miscellaneous .- Appeals may be taken to the Supreme Court from the Circuit Courts and Chancery Courts, under certain legal restrictions.
The Supreme Court of Tennessee hold their sessions at Jackson. Nashville and Knoxville.
The salaries of all public officials being generally under the supervision and control of the General Assembly, and liable to frequent changes, it is not deemed necessary or important to state them in a work like this.
QUESTIONS.
When are County Courts held? Are they courts of record? Who holds them? What are the powers of the County Court? What is the Quarterly Court? Who holds it? What are it- powers? What are Justices' Courts? What is a Circuit Court? What are its powers and jurisdiction ? Who presides over it? Is it a court of record? How often is it held? What are the quali- 'fications of a Circuit Judge? For how long is he elected, and by
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whom? What is the compensation of the Judge of the Circuit Court? For how long is State's Attorney elected? Who may fill the office? What are his duties? His compensation? What are Criminal, Common Pleas, and Chancery Courts? What is the Supreme Court? Of how many judges is it composed, and for how long are they elected? What of its salaries? What are the qualifications of the judges? What are their duties: com- pensation? How is the Clerk of the Supreme Court elected? What are his duties; qualifications: compensation? How is the Reporter of the Supreme Court elected? What are his duties; qualifications; compensation? How is the Marshal of the Su- preme Court clected? What are his duties: qualifications; com- pensation ? Where is the Supreme Court held?
CHAPTER V.
THE LEGISLATURE.
The Legislature is the law-making power of the State.
It is composed of the Senate and House of Representatives, and is known as the General Assembly.
Senate .- The State is divided into thirty-three Senatorial Dis- tricts, so formed as to contain, as near as may be an equal num- ber of qualified voters. One Senator is required to be elected by the qualified voters of each district.
He is elected for two years.
House of Representatives .- The House of Representatives consists of about one hundred members. Nearly every county is entitled to one Representative. But sometimes, on account of the popu- lation, a county or city is entitled to more than one Representa- tive, and sometimes one member represents several counties. It depends upon the population and the apportionment, the ratio from time to time being fixed by law. Representatives are elected every two years.
Qualifications of Members,-A Senator must be at least thirty years of age, must have resided in the State at least three years
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next preceding his election, and the last year thereof in the dis- trict for which he may be chosen.
A Representative must be a citizen of the United States, at least twenty-one years of age, must have resided in the State at least three years next preceding his election, and the last year thereof in the county, town, or city for which he may be chosen.
.No person, while he continues to exercise the functions of a clergyman, neither any person who holds or exercises any office of profit under this State, or under the Government of the United States, except an attorney at law, a justice of the peace, or a trustee of a literary institution, are eligible to the General Assem- blv.
Compensation .- The members of the General Assembly receive for their services a certain amount per diem. It is now four dol- lars, but may be changed by any future Legislature.
They are also entitled to mileage.
Officerx .- Each house elects as its Speaker one of its own mem- bers.
The Clerks, Assistant Clerks, Sergeant-at-Arms, and Door- keepers are elected by their respective houses, and are paid such compensation as the General Assembly may decree.
Rules of Procedure .- 1 quorum of each house of the General Assembly are two-thirds of the members thereof. Each house is the judge of the qualifications, elections, and returns of its mem- bers: but a contested election is determined in such manner as is directed by law.
Each house establishes its own rules.
Neither house can adjourn for more than three days, without the consent of the other, nor to any other place than that in which they are sitting.
The General Assembly may pass such laws as it deems proper for the benefit of the people, not in contravention of the Consti- tution.
No bill can become a law until, on three successive days, it be read over in each house and free discussion allowed thereon.
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An appropriation of money or the creation of debt, can not be made unless the same shall be voted on by a majority of all . the members in each house of the General Assembly, and the yeas and nays thereon entered in the journal.
QUESTIONS.
How many Senatorial Districts? How arranged? Who elect the Senators? Term of office? How many members of the House of Representatives? When is a county entitled to more than one Representative? When does one represent several counties? How and when is the ratio fixed? Term of office? Qualifications of a Senator? Of a member of the House of Rep- resentatives? What persons are disqualified for either office? What exceptions are made to this? What constitutes a quorum? What does each house decide? Contested election, how decided ? Each house establishes what? Duties of each? Duty in refer- ence to adjournment? Restrictions on laws passed? What pro- ceedings are had before a bill is passed ? What vote is necessary for an appropriation of money or the creation of a debt? When must yeas and nay's be entered in the journal?
DEBATE.
Resolved. That we have too much legislation.
CHAPTER VI. OFFICERS OF THE STATE.
We have already referred to the officers of the county. and also to the officers connected with the judiciary of the county and State. We will now attempt a description of the powers and duties of the other officers of the State.
Governor .- The Governor is the highest executive officer in the State. He is vested with the supreme executive power, and is known as the Chief Magistrate.
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OFFICERS OF THE STATE.
He is elected for two years by the voters of the State. The person having the highest number of votes shall be Governor. This rule applies to all other elective officers.
He shall be at least thirty years of age and a citizen of the United States, and have been an inhabitant of the State at least seven years next preceding his election.
No Member of Congress, or person holding any office under the United States, or minister of any religious society, shall be eligible to the office of Governor.
He is Commander-in-Chief of the Army and Navy of the State, and of the militia thereof, except when they shall be called into the service of the United States; but he shall not command per- sonally in the field unless advised by a resolution of the General Assembly.
He has power to fill certain vacancies that may occur by grant- ing commissions, which shall expire when such vacancies shall be filled according to the provisions of the Constitution. .
He has power to remit fines and forfeitures, grant reprieves and pardons, except in cases of impeachment.
He may require information, in writing, from the officers in the executive department upon any subject relating to the duties of their respective offices.
He shall, from time to time, give to the General Assembly in- formation of the condition of the State, and recommend to their consideration such nicasures as he may deem expedient.
He may, on extraordinary occasions, convene the General As- sembly at the Seat of Government.
He shall take care that the laws be faithfully executed.
He may offer rewards for fugitives from justice.
He shall receive for his services a compensation, which shall neither be increased or diminished during the term for which he was elected.
Should the Governor be impeached. removed from office, die. refuse to qualify, resign, or be absent from the State, the Speaker of the Senate shall exercise all the powers and authority apper-
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taining to the office of Governor until another be duly elected and qualified, or the Governor, absent or impeached, shall return or be acquitted: and. during the time he administers the govern- ment as Governor, shall receive the same compensation which the Governor would have received had he been employed in the duties of his office.
Secretary of State .- The Secretary of State shall be elected by the joint houses of the Legislature.
His term of office is four years.
His duties are to keep a fair register, and attest all the official acts of the Governor, and he shall, when required, lay the same, and all papers, minutes, and vouchers relative thereto, before either house of the General Assembly, and shall perform such other duties as may be required by law.
He shall receive an annual salary, payable monthly out of the State treasury.
Treasurer- The Treasurer is elected for two years. He must be a citizen of the United States, at least twenty-one years of age, and must have resided within the State at least two years next preceding his election or appointment.
He must execute an official bond with surety. worth at the time twenty thousand dollars, to be approved by the Governor.
His duties aro to receive and safely keep in the treasury all moneys due or payable to the State.
He shall receive and pay out money from the treasury only upon the certificate or warrant of the Comptroller, unless the law under which the same may be claimed expressly directs and orders that the money shall be paid out of the public treasury.
He shall keep true account of all money paid into the treasury, by whom. when, and on what account paid.
He shall make clear, distinct, and intelligible reports of all money received and disbursed.
If he does willfully misapply any of the public money, he is guilty of a felony.
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OFFICERS OF THE STATE.
Attorney-General .-- The Attorney-General is elected by the Judges of the Supreme Court for eight years.
His duties are to give his opinion. in writing, to any executive or ministerial officer of the State when applied to, touching the duties of such officer; and, when requested by any of the execu- tive or State officers, to prepare proper drafts of contracts, obliga- tions, or other instruments of writing which may be required for public use; to attend in behalf of the State to all cases in which she may be interested, and to instituto the proper procedure to coerce payment of all demands of the State, payable at the treas- ury, not discharged in proper time.
Register of the Land Office .- The Register of the Land Office is elected for four years. He must execute an official bond with surety worth at least ten thousand dollars.
His duties are the care and control of the Land Office.
The Land Ofice contains the original patents and surveys of lands in the Stato.
Superintendent of Public Instruction .- The Superintendent of Public Instruction is appointed for two years. He is the head of the school svetem in the State.
His duties are to make roports biennially, on or before the meeting of the General Assembly, of the condition, progress, and prospects of the common schools: to prepare suitable blanks for reports required to be made by school officials: to report any nes- lect of duty or misappropriation of common school funds by school officers to the proper authorities: to have published for general distribution throughout the State the general school laws of the state. and such other important facts and data as may be of interest to the public; to ascertain and estimate for each school year the pro rata share of the school fund each child of pupil age shall be entitled to, and amount each county and cach schoul district shall be entitled to, as shown by the returns of the County Superintendents. He is alson ofrio President of the State Board of Education, which consists of the Superintendent of Public
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Instruction, the Attorney-General, and the Secretary of State, and two professional teachers to be elected by them.
State Geologist .- The State Geologist has charge of the geologica! surveys of the State, made for the purpose of ascertaining the mineral resources of the State.
He inspects the mines.
Commissioner of Agriculture .- The Commissioner of Agriculture presides over the Agricultural Bureau, to aid and encourage that branch of industry, and has charge of all the mines in the State, for the purpose of seeing that they are properly conducted.
Adjutant-General .- The Adjutant-General has charge of the mil- itia of the State, the arms and munitions of war.
These three officers are appointed by the Governor.
State Librarian .- The State Librarian is elected for two years by the General Assembly, and has charge of the Public Library of the State, and contracts for and furnishes the necessary sta- tionery to the officers of the State.
Public Printer and Binder .- The Public Printer and Binder is elected by the Legislature for two years. He has charge of the public printing and binding. He is paid according to the work done by him.
Commissioner of Insurance .- The Commissioner of Insurance is appointed by and is under the general supervision of the Comp- troller.
His duties are to investigate the responsibility of all insurance companies doing business in the State, and see that they are reliable.
State Inspector and Examiner .-- The State Inspector and Exami- ner is appointed by the Governor for two years. He shall once each year inspect and examine into the management and condi- tion of the Comptroller's and Treasurer's offices. and the prisons and charitable institutions operated by the State.
Board of Equalization .- The Board of Equalization consists of one member from each Appellate District, appointed by the Gov- ernor. They are the general supervisors of the State, and are
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OFFICERS OF THE STATE.
required to cqualize taxation throughout the State. They are allowed the same pay as jurors and mileage.
Salaries .- The foregoing officers are allowed annual salaries. payable monthly out of the State treasury, the Public Printer and Board of Equalization excepted. The General Assembly fixes the salaries.
Internetes-The Governor, in the recess of the Senate, shall have power to fili vacancies in these offices by granting commis- sions, which shall expire at the end of the next session, and shall fill the vacancy for the balance of the time or until the election, by and with the advice and consent of the Senate.
QUESTIONS.
What is the Governor? With what power is he vested? For how many years is he elected? What are his qualifications? Who can not be Governor? What of his compensation? What are his powers and duties? How are vacancies in the office of Governor filled? How is the Secretary of State elected? What are his duties? For how long is the Treasurer elected? What are his qualifications and duties? Does he give a bond? For how long is the Attorney-General elected? What are his duties and qualifications? For how long is the Register of the Land Office elected? What are his duties and qualifications? For how long is the Superintendent of Public Instruction appointed ? What are his duties and qualifications? What are the duties of the State Geologist; the Commissioner of Agriculture; the Com- missioner of Mines; the Adjutant-General? By whom are these officers appointed? How is the State Librarian elected? What are his duties? What is the Public Printer and Binder? WLot are his duties and compensation? . How is the State Inspector and Examiner appointed? What is bis term of office? What are his duties? What is the Commissioner of Insurance? What are his duties? What are the compensations of these officer -? What is the Board of Equalization? What are its duties and
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compensation? What are the salaries of the Comptroller, Trea -- urer, etc .? How are vacancies filled ?
DEBATE.
Resolred, That all State officers should be elected by the people.
CHAPTER . VII.
THE CONSTITUTION OF TENNESSEE.
A Constitution consists of the fundamental laws which govern a State or other organized society.
Definition .- The Constitution of Tennessee contains the funda- mental laws which govern the State. The General Assembly can not make any law which is in conflict with the Constitution. If they should pass any act in violation of the Constitution, the act would be void. The judiciary. which interprets or construes the law, would declare it void, and the executive could not eh- force it.
Powers .- The Constitution of this State is in substance, as fol- lows, viz: It divides the powers of the Government into three distinct departments: the Legislative, the Executive, and the Judicial.
finner Precisions. It provides for the organization and super- vision of the State militia.
The militia "shall consist of all free, able-bodied male persons. resident in the State, above the age of eighteen, except such per- sons as may be exempted by the laws of the United States of cf this State."
The privilege of free sutfrage shall be supported by laws.
Every citizen, of the age of twenty-one years, who has resulted in the State one year, or in the county. town. or city in which he offers to vote, six months next preceding the election, shall be a voter; but such voter shall have paid the poll tax assessed against him.
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THE CONSTITUTION OF TENNESSEE.
Absence on business of the State or the United States shall not forfeit a residence once obtained.
Voters shall be privileged from arrest during their attendance at, going to, and returning from elections in all cases, except trea- son, felony, and breach of the peace.
In all elections by ballot, and also by the Senate and House of Representatives, jointly or separately, the vote shall be personally given.
The General Assembly shall provide by law for the trial of any contested election.
All elective officers of the State shall reside within the State. and all district, county, or town officers within their respective districts, counties, or towns.
The manner of administering an oath or affirmation shall be such as is most consistent with the conscience of the deponent.
The Constitution requires every officer and all members of the bar in this State, before entering upon the duties of their office or profession, to take an oath to "support the Constitution of this State and the Constitution of the United States so long as he con- tinues a citizen thereof."
The Governor and all civil officers shall be liable to impeach- ment for any misdemeanor in office.
Every person convicted of having given or offered any bribe or treat to procure his election, shall be disqualified from holding any office of trust or profit for the term of six years for which he was elected.
Treason against the State consists only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person can be convicted of treason unless on the testimony of : two witnesses to the same overt act, or on his own confession in open court.
The Constitution provides for the "Common School Fund," and the election of a Superintendent of Public Instruction.
The General Assembly may regulate the jurisdiction of the . courts.
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The seat of Government shall continue in Nashville until it shall be removed by law: Provided. however, that two-thirds of all the members clected to each House of the General Assembly shall concur in the passage of such law.
Bill of Rights .- The Bill of Rights, which is a part of the Con- stitution. provides:
That all free men, when they form a social compact, are equal. and that no man or set of men are entitled to exclusive privi- leges.
That absolute arbitrary power over the lives, liberty, and prop- erty of free men exists nowhere in a republic, not even in the largest majority.
That all power is inherent in the people.
That all men have a natural and indefeasible right to worship God according to the dictates of their own consciences.
That the rights. privileges, or capacities of any citizen shall in nowise be diminished or enlarged on account of his religion.
That all elections shall be free and equal.
That the ancient mode of trial by jury shall be held sacred.
That there shall be a free press and free speech-the speaker or writer being responsible for the abuse of that liberty.
That the people shall be secure in their persons, houses, papers. and possessions from unreasonable seizures and searches.
That in all criminal prosecutions the accused hath a right to be heard by himself and counsel; to demand the nature and cause of the accusation against him; to meet the witnesses face to face: to have compulsory process for obtaining witnesses in his favor: and, in prosecutions by indictment or information, a speedy pub- ' lic trial by a jury of the vicinage: that he can not be compelled to give evidence against himself. nor can he be deprived of his life, liberty, or property, unless by the judgment of his peers or the law of the land.
That no person shall for any indietable offense be proceeded against criminally by information, except in cases arising in the land or naval forces, or in the militia. when in actual service in .
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THE CONSTITUTION OF TENNESSEE.
time of war or public danger, or by leave of court for oppression or misdemeanor in office.
No person shall for the same offense be twice put in jeopardy of his life or timb; nor shall any man's property be taken or ap- plied to public use without the consent of his representatives, and without just compensation being previously made to him.
That all courts shall be open; and every person, for an injury done him in his lands, goods, person, or reputation, shall have remedy by the due course of law, and right and justice adminis- tered without sale, denial, or delay.
That no power of suspending laws shall be exercised unless by the General Assembly or its authority.
That excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted.
'That all persons shall be bailable by sufficient securities, unless for capital offenses when the proof is evident or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended unless, when in cases of rebellion or invasion, the pub- lic safety may require it. (The writ of habeus corpus is a writ, issued by a competent court, directing the officer to whom it is directed to bring the person held in confinement before the court, so that the cause of his imprisonment may be investigated.)
That the person of a debtor, where there is not strong presump- tion of fraud, shall not be continued in prison after delivering up his estate for the benefit of his creditors in such manner as shall be prescribed by law.
That no ex post facto law nor any law impairing contracts shall be made. ( An ex post justo law is a law "where, after an action- indifferent in itself-is committed, the Legislature then for the first time declares it to have been a crime, and inffiets a punish- ment upon the person who has committed it."}
That no person shall be attainted of treason or felony by the General Assembly.
That no attainder shall work corruption of blood, nor, except during the life of the offender, forfeiture of estate to the State
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(An attainder is where a person, by reason of a conviction of a felony, forfeits his lands and tenements, and all his civil rights generally, being neither allowed to inherit nor trausniit an inher- itance. )
That the estate. of such persons as shall destroy their own lives shall descend or vest as in case of natural death; and. if any per- son shall be killed by casualty, there shall be no forfeiture by reason thereof.
That the citizens have a right in a peaceable manner to assemble together for their common good, and to apply to those invested with the powers of government for the redress of grievances or other proper purposes by petition, address, or remonstrance.
That the rights of the citizens to bear arms in defense of them- selves and the State shall not be questioned: but the General As- sembly may pass laws to prevent persons from carrying concealed arms.
That no standing army shall, in time of peace. be kept up without the consent of the vienemi Assembly, and the military shall in all cases and at all times be in strict subordination to the civil power.
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 to be prescribed by law.
That the General Assembly shall not grant any title of no- bility or hereditary distinction, nor create any office the appoint- ment of which shall be for a longer time than for a term of years.
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