USA > Tennessee > History of Tennessee, from its earliest discoveries and settlements to the end of the year 1894 > Part 19
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25
That emigration from the State shall not be prohibited.
Mode of Revising the Constitution .- When experience shall point out the necessity of amending the Constitution. and when a majority of all the members elected to each House of the General Assembly shall. within the first twenty days of any regular sex- sion, concur in passing a law for taking the sense of the people of this State as to the necessity and expedieney of calling a conven- tion, it shall be the duty of the several Sheriffs, and other officers
-------
THE CONSTITUTION OF TENNESSEE.
of elections, at the next general election which shall be held for Representatives to the General Assembly after the passage of such law. to open a poll for and make return to the Secretary of State. for the time being. of the names of all those entitled to vote for Representatives who, have voted for calling a convention; and if thereupon it shall appear that a majority of all the citizens of this State entitled to vote for Representatives have voted for calling a convention, the General Assembly shall, at their next regular session. direct that a similar poll shall be opened and return made for the next election for representatives; and if thereupon it shall appear that a majority of all the citizens of this State entitled to vote for Representatives have voted for calling a convention, the General Assembly shall, at their next session, pass a law calling a convention, to consist of as many members as there shall be in the House of Representatives and no more, to be chosen on the first Monday in August thereafter. in the same manner and pro- portion, and at the same places, and possessed of the same qualifi- cations of a qualified elector by citizens entitled to vote for Repre- sentatives, and to meet within three months after their election. for the purpose of re-adopting, changing, or amending this Con- stitution; but if it shall appear, by the vote of either year as aforesaid, that a majority of all the citizens entitled to vote for Representatives did not vote for calling a convention, a conven- tion shall not then be called. And, for the purpose of ascertain- ing whether a majority of the citizens entitled to vote for Repre- sentatives did or did not vote for calling a convention as above, the General Assembly passing the law authorizing such vote shall provide for ascertaining the number of citizens entitled to voto for Representatives within the State.
QUESTIONS.
What is a constitution? What is the Constitution of Ten- nessee? What can not the General Assembly do? What does the preamble to the State Constitution declare? State. in sub- stance. the provisions of the State Constitution? State how it
38
FREE'S MANUAL.
may be revised ? Who are qualified voters? What are their privileges? What is the Bill of Rights? State its provisions?
DEBATE.
Resolved, That the State Constitution ought to be revised.
-
CHAPTER VIII.
JURIES, TRIALS, AND JUDGMENTS.
Trial by jury is one of the most ancient privileges of civil gov- ernment. Centuries ago this mode of trial was established, and it has ever since been the usual mode of determining ordinary issues in the courts. This system is a part of the English Code. from which our Government has obtained it, "and it was ever esteemed in all countries a privilege of the highest and most bene- ficial nature."
There are two kinds of juries, the Grand Jury and the Petit Jury.
Grand Jury .- Thirteen Grand Jurymen shall be summoned by the Sheriff' of the county to serve on the first day of the term of each Circuit Court, at which penal or criminal prosecutions may be tried. A Grand Juryman must be a housekeeper and a citizen of the county in which he may be called to serve, and over twenty-one years of age.
Every person summoned to attend as a Grand Juryman, if he fail to attend without a reasonable cause, shall be fined.
A Grand Jury composed of by-standers, if necessary, may Le impaneled at any time after the discharge of the Grand Jury first impaneled.
The court shall appoint one of the number of every Grand Jury foreman thereof.
The Grand Jury shall take an oath "to diligently inquire of and present all treasons, felonies, misdemeanors, and breaches of the penal laws which shall have been committed or done within the limits or jurisdiction of the county, of which they have any
-
39
JURIES, TRIALS, AND JUDGMENTS.
knowledge or may receive information." If a Sheriff fail to summon the Grand Jury as required by law, without a reasonable excuse, he shall forfeit and pay for such offense a penalty.
The Grand Jury can compel persons to appear before them and testify.
Indictment .- If, after hearing the evidence, they consider that there are reasonable grounds to believe that the crime or offense has been committed, they return into court an indictment, pre- pared by the State's Attorney, charging the person with the crime or offense. The foreman indorses upon the indictment "A true bill," and signs his name thereto. The indictment, which is a formal accusation charging the crime or offense, is then returned into court. This is what is called "finding an indictment." If the evidence before the Grand Jury should not be deemed suffi- cient, then the indictment is by them "ignored."
If an indictment is found, the accused must be brought to trial.
If he has already been arrested and held to bail by a Justice of the Peace, or other proper magistrate, he answers to the charge under his bond. Otherwise he is ordered to be arrested by a bench warrant, or writ of arrest.
After having answered, or being brought into court. the accused is entitled to a fair and speedy trial by a jury of his peers. This is the trial by the Petit Jury.
Petit Jury .- A Petit Jury shall consist of twelve persons, unless the parties agree that it may be composed of a less number.
A competent juryman for the trial of criminal. penal, or civil cases in any court must be a citizen, at least twenty-one years of age, a housekeeper, sober, temperate, discreet, and of good de- meanor.
No person who has served upon the panel of the Grand or Petit Jury at one term of a court shall be eligible for two years there- after to be placed upon the panel of the Petit Jury.
No person shall be summoned who is not a qualified juror.
If a juror in any case shall take or agree to take a bribe, or
-
40
FREE'S MANUAL.
shall. from favoritism or corrupt partiality, give or refrain from giving his verdict, and shall be thereof convicted, such juror shall not thereafter serve on any jury, and shall be fined one hundred dollars and a sum equal to ten times the amount received or agreed to be received.
No Sheriff or other officer shall converse with a juryman upon any subject after he has been sworn, unless by leave of the court.
No civil officer shall be summoned on a Petit Jury in any court.
No transient person, physician, surgeon, practicing attorney, or minister of any religious society, shall be compelled to serve on a Petit or Grand Jury.
Each party litigant in civil actions shall have the right of chal- lenge to two of the jury summoned, and the right to challenge for cause, as now given by law.
In prosecutions for felony, punishable by death. the defendant is entitled to twenty-four peremptory challenges, and the State to six peremptory challenges.
In prosecutions for a misdemeanor each party is entitled to ten peremptory challenges and the State to four.
A challenge to the panel shall only be for a substantial irregu- larity in selecting or summoning the jury.
Either party can also challenge for cause, as now given by law.
Before hearing the evidence the jury shall take an oath "to well and truly try the issue joined and a true verdict to render."
Mode of Selecting Juris .- A child under ten years old or some person appointed by the court, draws the names of persons who constitute the Grand and Petit jurors from a box, wherein they have placed the names of those from whom the jury are to be drawn. These names so drawn are then given to the Sheriff to summon.
In Justices' Courts a jury composed of six men are authorized to try a case. This jury is not drawn, but summoned from by- standers.
-
-
-------
41
JURIES, TRIALS, AND JUDGMENTS.
Tril by Jury .- After the jury have been selected the trial be- gins. The plaintiff is the party who brings the suit, and the defendant is the party against whom the suit is brought.
The burden ot proof is usually on the plaintiff; and the party having the burden of proof must first introduce his evidence, then the other side is heard. The party having the burden of proof has the right to make the closing argument to the jury, the other side opens the argument.
If the jury fail to agree. another trial must be had, but the same jury can not try the cause again.
If the jury agree in civil causes, the court can render a judgment in accordance with the verdict, or set it aside and grant a new trial for proper cause.
In criminal and penal causes, if the defendant is found "not guilty" by the verdict, he is discharged and the case is ended; but if the defendant is found "guilty"'by the verdict, the court may either render a judgment or set the verdict aside as in civil suits.
A civil suit is an action before a court between parties for the enforcement of a contract, or some real or supposed right. In a civil suit a Grand Jury is unnecessary. Either party may demand a Petit Jury to determine the facts in the case. The party against whom the decision is rendered is usually required to pay the costs or expenses of the suit.
Other Trials-Equity suits are those in which questions of law. and not fact, are involved; and these are generally decided by the court or judge, without the intervention of a jury.
Judgments .- Judgments are the sentences of the law pronounced by the court.
The Sheriff is usually required to enforce the judgment of the court: as, in criminal cases to convey the defendant to the peni- tentiary; or to execute him, according to the judgment. In civil suits, where the judgment is for the purpose of enforcing the pay- ment of a debt or money, what is called a first farias, or an execu- tion, is issued by the clerk or proper officer, and placed in the
12
FREE'S MANUAL.
hands of the Sheriff, or in some cases the Constable. It is a wri: directing him to make the debt out of the property of the defend- ant and pay it over to the plaintiff. Under this writ he is auth- orized to levy upon or seize the property of the defendant in th, execution, and sell it after proper notice, and pay to the plaintiff the amount of the debt and costs of the plaintiff.
Exemptions .- Under the law certain property. real and personal. is exempted from execution for debt.
QUESTIONS.
What of trial by jury? How many kinds of juries are there? What are they called? What are the qualifications of a Grand Juryman? How many persons constitute the Grand Jury? What is the penalty for failure to attend as a Grand Juryman? When may br-standers be impaneled? How is the foreman appointed ? What is the oath of the Grand Jury? What power have they in regard to testimony? What is an indictment? When may it be returned? By whom is it prepared? What i- indorsed upon the indictment, and by whom? When may an indictment be ignored? When, and in what manner. is the accused brought to trial? What is the trial by the Petit Jury? Of how many persons does it consist? State the qualifications of a competent juryman? When is a person ineligible as a jury- man? Who shall not be summoned? What is the penalty for a juryman receiving a bribe, etc .? Who may not converse with the jury? Who may not be compelled to serve on a jury? How many peremptory challenges are allowed. and when" What is a challenge to the panel? What oath shall the jury take? How are juries drawn and summoned? How many per- sons constitute a jury in Justices Courts? How are they sum- moned? When does the trial by jury begin? How is the evi- dence introduced? Who may make the closing argument? What if the jury fail to agree? What of a veriet in civil causes" What of a verdict in criminal and penal causes? What is a civil suit? What is the plaintiff? What is the defendant.
5 +44
43
RENENCE AND TAXATION.
Who may demand a Petit Jury? Who must pay the costs? What are equity suits? What are judgments? How are judg- ments enforced ? What are exemptions?
DEBATE.
Resolved, That the jury system should be abolished.
CHAPTER IX.
REVENUE AND TAXATION.
Sources of Revenue .- Besides the County Revenue, which con- sists of a tax upon the real and personal property in the county. and also a poll or head tax upon the citizens thereof, levied by the County Court each year, to meet the expenses of the county, there is also an annual tax levied upon the real and personal property in the State for the purpose of defraying the expenses and the liabilities of the State. This is the State Revenue. . 1 portion of this tax is set apart for the ordinary expenses of gov- ernment. a portion for the support of common schools, and a por- tion for the use of the sinking fund, which is a reserved fund set apart for the payment of the public debt of the State, interest thereon. etc.
This revenue is under the control of the General Assembly, which establishes and regulates the same. Besides this, the State collects taxes for licenses from liquor dealers, keepers of billiard saloons, bowling saloons, ten-pin alleys, circuses, and theatrical performances, and peddlers; also on law processos recording deeds and similar papers.
We have already referred to the duties of the Assessor and Sheriff in connection with the public revenue.
Exempti'ms .- Certain property is exempt from taxation, such as the growing crop on land listed for taxation, the provisions on hand for family uso; also court honses, clerks' offices, jails, public grave yards, lunatic, orphan, and deaf and dumb asylums, ho- pitals, infirmaries, widows and orphans' asylums, foundling hos-
41
FREE'S MANUAL.
pitals, and institutions of like character; also certain real estate and investments of public schools, colleges, and seminaries; eur- tain real estate belonging to certain secret charitable organization :. churches, etc .; also the property of the United States used for custom houses, post offices, docks, ship yards, forts, arsenals. and barracks.
QUESTIONS.
What is the county revenue? State revenue? How is it set apart? Under whose control is it? What other taxes are col- lected? What property is exempt from taxation ?
DEBATE.
Resolved, That an exemption from debt is not conducive to the best interests of the people.
CHAPTER X.
GOVERNMENTS OF CITIES.
Cities and towns usually have their own distinct and peculiar laws.
Organization .- The charter is granted by the State Legislature. and may be termed the Constitution of the City.
The General Council usually comprises the Board of Alder- men, which is similar to the Senate, and the Board of Council- men, which is similar to the House of Representatives. This body may be termed the Legislature or General Assembly of the city.
It has the power and authority to make all necessary ordinances. appropriations, cte., for the city.
Officers .- The Mayor is the chief executive officer. He some- times acts as a judicial officer, before whom persons who violite the city ordinances are brought for trial.
A Police Judge, however, generally has jurisdiction over such cases, with power- similar to that of a Justice of the Peace.
The Marshal has power of a nature similar to those of a sheriff.
---
45
CHARITABLE INSTITUTIONS.
The police have power to arrest disorderly persons, and those violating the ordinances.
There is usually a City Attorney, a Street Commissioner, and other officers, with powers and duties marked out by the charter and ordinances of the city.
The Board of Education have charge of the public schools, and have special laws for their guidance.
QUESTIONS.
What of cities and towns? What is the charter? Describe the organization ? Name the officers? Duties of each ?
CHAPTER XI.
CHARITABLE INSTITUTIONS.
It is the duty of every State or government to provide for those who, from misfortune or the dispensations of Providence, are unable to provide for or take care of themselves.
State Institutions .- The Lunatic Asylum for the care and cus- tody of the lunatics in the State are located near Nashville and Bolivar. Tenn.
The Deaf and Dumb Asylum is for the care and the education of the deaf and dumb that may be sent to it. It is located at Knoxville.
The Tennessee Institution for the Blind is for the education of the blind. It is located at Nashville.
These institutions are established and maintained by law and at the expense of the State.
The Superintendents of each are appointed by the Board of Trustees.
They are allowed annual salaries, paid quarterly out of the State treasury.
46
FREES MANUAL.
County Institutions-Each county must take care of its own panpers: it may purchase land and erect a poor-house thereon.
The County Court has power to levy a sum sufficient to pay for the land and necessary improvements and repairs to the pour- house: to support the poor of the county therein; to appoint ote or more commissioners of the poor-house and premises, and of the poor of the county whom the court may order to be kept in the poor house, and pay them; to vest the commissioners with power by coercion to cause any able-bodied poor person kept at such house to labor; to appoint a suitable person to receive the money levied for the institution; to apply the same to the sup- port of the poor in such house, and to allow such receiver a rea- sonable compensation for his services.
The County Court in term time. or the County Judge in vaca- tion, shall have power to order a poor person to be taken to thep poor-house and supported, and to cause medical aid to be em- ployed at the public expense for such of the poor of the county as may be deemed worthy.
Every person going about begging, or staying in any street or other place to beg. shall, on the warrant of the Presiding Judge of the County Court, be sent to and kept at the poor-house; but if a male and able to work, he may be proceeded against under the vagrant laws of this State.
QUESTIONS.
What is the duty of every State or Government? What are Lunatic Asylums? How many are there in this State? Where are they located? What is the Deat and Dumb Asylum? Where is it located? What is the Tennessee Institution for the Blind? Where is it located? How are these institutions maintained and established? By whom are the Superintendents appointed" What of their salaries? What is the duty of each county in regard to its paupers? What is the power of the County Court with regard to paupers? What is the power of the County Jude ! What is the law in reference to beggars?
47
Consult Books of Reference and Make this Page Valuable.
水み
48
Consult Books of Reference and Make this Page Valuable.
49
FEDERAL COURTS. DEBATE.
Resolved, That the advantages of charitable institutions should be further extended.
CHAPTER XII. FEDERAL COURTS.
The Federal Courts, or courts of the United States, are some- thing similar to the courts of the States.
Courts-The Federal Courts are as follows, viz: Supreme Court, Court of Claims, District Courts, Circuit Courts, Courts of Com- missioners.
Supreme Court .- The Supreme Court of the United States is the highest court, and the court of last resort in the United States. It consists of a Chief Justice of the United States and eight Associate Justices, any six of whom shall constitute a quorum.
They are appointed by the President of the United States to serve for life or during good behavior. They receive an annual salary, payable monthly, which shall not be diminished during their continuance in office.
The Supreme Court shall have power to appoint a Clerk and a Marshal for said court and a Reporter of its decisions.
One or more Deputies may be appointed by the Clerk.
Jurisdiction .- The Supreme Court has original jurisdiction of all controversies of a civil nature where a State is a party, and also of proceedings against embassadors, their servants, and other public ministers.
It also has appellate jurisdiction from the lower courts of the United States in cases allowed by law.
Court of Claims-The Court of Claims consists of five judges, of whom one is Chief Justice.
They are appointed by the President for life or during gol behavior.
They receive an annual salary, payable quarterly.
50
FREE'S MANUAL.
They have power to appoint a Clerk, an Assistant Clerk. a Bailiff, and a Messenger.
The Court of Claims has jurisdiction of suits on claims against the United States.
The Supreme Court and Court of Claims hold their sessions at the National Capital.
District Courts. - The United States is divided into various Judi- cial Districts.
In every State in the Union there is a District Judge. Some of the States are divided into two or more districts. In some in- stances a judge presides over two or more districts. Congress may change the number at any time.
A District Judge is appointed by the President of the United States for life or during good behavior, and he shall. at stated times, receive a compensation for his services, which shall not be diminished during his continuance in office.
Jurisdiction .- The District Courts have jurisdiction of all crimes and offenses against the United States, committed within their respective districts or upon the high seas, the punishment of which is not by death : of all civil causes of admiralty and marine jurisdiction; of all suits for penalties and forfeitures incurred under any law of the United States; of all matters and proceed- ings in bankruptcy, and of a great variety of cases arising under the laws of the United States.
Circuit Courts .- The United States is divided in nine Circuit Court Districts.
A Judge for each circuit is appointed by the President of the United States for life or during good behavior.
He holds a court in each district of the circuit, which he may hold alone or in conjunction with the District Judge. In the absence of the Circuit Judge a District Judge or two District Judges may hold the court. A Justice of the Supreme Court of the United States is.also required to hold a court in each circuit at least once in two years, at which time he may have asso-
-
51
FEDERAL COURTS.
eiated with him the Circuit Judge or a District Judge of the vicinity.
The salary of the Circuit Judge is greater than that of the Dis- trict Judge, and, like that of the District Judge, shall not be dinfinished during his continuance in office.
Jurisdiction .- The Circuit Courts have jurisdiction of all suit- of a civil nature at common law or in equity of which the United States. by law, has cognizance; also of suits arising under the patent or copyright laws, and of a variety of other cases. Prose- cutions of crimes and offenses against the United States may be, generally, in either the District or the Circuit Court. Appeals may be taken from the District Court to the Circuit Court. peals may be taken from the District Court to the Circuit Court. and from the Circuit Court to the Supreme Court of the United States.
Trials-Grand and Petit Jurors may be summoned and im- paneled in a manner similar to that of the State courts.
The practice, pleadings, and proceedings in the Circuit and District Courts of the United States are similar to those of the State Circuit Courts.
Officers .- The officers of the District and Circuit Courts are a District Attorney, a Marshal. and a Clerk.
The District Attorney is appointed by the President of the United States for four years.
His duties are to prosecute, in his district, all delinquents for crimes and offenses cognizable under the authority of the United States, and to represent the United States in all civil actions in which it is concerned in the said district. Ho receives an annual compensation and his fees.
The Marshal is appointed by the President of the United States for four years.
He may appoint one or more Deputies.
His duties are to serve such writs, orders, notices. subpoenas. and similar processes as may be legally issued and placed in his hands, to arrest persons charged with crimes and offenses, to
52
FREE'S MANUAL.
attend the courts in his district, and keep order therein, to pay jurors and witnesses for the United States, and to perform duties in his courts similar to these of a Sheriff in the State courts.
He is required to give a bond for the faithful discharge of his duties.
The Clerk of the District Court is appointed by the Judge thereof.
The Clerk of the Circuit Court is appointed by the Judge thereof, the District Judge concurring.
It is the duty of the Clerks to keep a record of all the orders and proceedings of their respective courts, and to perform such other duties as may be legitimately required of them.
One person may be Clerk of both courts.
The fees of the Clerks and Marshals are their compensation.
Commissioners Courts-The Commissioners of the Circuit Courts are the most widely distributed of the judicial officers of the United States. Each Circuit Judge is authorized by law to appoint as many discreet persons as he may deem proper to serve as Commissioners of the Circuit Court.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.