USA > Tennessee > History of Tennessee, from its earliest discoveries and settlements to the end of the year 1894 > Part 21
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Violating the postal laws, such as mail robbery, intercepting or detaining unlawfully the letters or packages of another, or open- ing, embezzling, or destroying the same; breaking into a post- office, sending letters with intend to defraud, using postage stamps which have already been used, etc.
Violating the internal revenue laws, such as carrying on the business of a distiller or liquor dealer or manufacturer of tobacco without having paid a license therefor, unlawfully breaking into a bonded warehouse or distillery, unlawfully removing spirits on which the tax is not paid, making and using false stamps, frauds in inspection, gauging. etc.
Counterfeiting the coin or currency, etc., of the United States.
Crimes committed upon the vessels of the United States on the high seas, and crimes committed on lakes, harbors, rivers, etc .. over which the United States has jurisdiction, and crimes com- mitted in the Territories of the United States.
Modes of Praishment .- There are several ways of punishing
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persons guilty of violating the law, the principal of which are a- follows, viz:
1. Execution, which is putting any one to death as a legal penalty. This is called capital punishment, and is usually in- flicted by hanging.
2. Confinement in the penitentiary. The penitentiary is a house of correction, in which offenders against the law are con- fined for punishment and reformation, and compelled to labor. The penitentiary of this State is under the control of a Warden. appointed by the Commissionrs, who has general supervision thereof. A work-house is a city or town prison similar to the penitentiary.
3. Confinement in jail.
4. Fines.
5. Forfeiture of right of suffrage and to hold office.
QUESTIONS.
What is a crime or misdemeanor? What are felonies; misdo- meanors? What is treason : murder; etc? What is the punish- ment for each? What is petit larceny; etc? Punishment for each? Describe the principal crimes against the United States? Describe the different crimes and punishments? What is a peni- tentiary? What is a work-house?
CONSTITUTION OF TENNESSEE.
This Constitution was framed by a convention which assembled at Nashville. January 10. 15,0, and adjourned February 23, 1570; was adopted by a vote of the people of UN. 128 for to 83.872 against. on the 26th day of March, 1870.
PREAMBLE AND DECLARATION.
Whereas. The people of the territory of the United States south of the River Ohio, having the right of admission into the General
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Government as a member State thereof, consistent with the Con- stitution of the United States, and the act of cession of the State of North Carolina, recognizing the ordinance for the government of the territory of the United States north-west of the Ohio River. by their delegates and representatives in convention assembled. did, on the sixth day of February, in the year of our Lord one thousand seven hundred and nine-six, ordain and establish a Constitution or form of government, and mutually agreed with each other to form themselves into a free and independent State. by the name of the State of Tennessee: and.
Whereas, The General Assembly of the said State of Tennessee pursuant to the third section of the tenth article of the Constitu- tion ), by an act passed on the twenty-seventh day of November. in the year of our Lord one thousand eight hundred and thirty- three, entitled " An act to provide for the calling of a convention." passed in obedience to the declared will of the voters of this State. as expressed at the general election of August, in the year of our Lord one thousand eight hundred and thirty-three, did authorize and provide for the election, by the people, of delegates and rep,- resentatives, to meet at Nashville, in Davidson County. on the third Monday in May, in the year of our Lord one thousand eight hundred and thirty-four, for the purpose of revising and amend- ing or changing the Constitution; and said convention did accordingly meet and form a Constitution, which was submitte l to the people, and was ratified by them. on the first Friday in March, in the year of our Lord one thousand eight hundred and thirty-five: and,
Whereas. The General Assembly of the State of Tennessee. under and in virtue of the first section of the first article of the Declaration of Rights, contained in and forming a part of the existing Constitution of the State, by an act passed on the fifteenth day of November, in the year of our Lord one thousand eight hundred and sixty-nine, did provide for the calling of a conven- tion by the people of the State, to meet at Nashville on the secon. i Monday in January. in the year of our Lord one thousand eight hundred and seventy, and for the election of delegates for the purpose of amending or revising the present Constitution. "" forming and making a new Constitution; and.
Whereas, The people of the State. in the mode provided by sail aet, have called said convention and elected delegates to represent them therein : now, therefore.
We, the delegates and representatives of the people of the State
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of Tennessee, duly elected. and in convention assembled, in pur- suance of said act of Assembly, have ordained and established the following Constitution and form of government for this State. which we recommend to the people of Tennessee for their ratiti- cation ; that is to say :
ARTICLE I. DECLARATION OF RIGHTS.
Section 1. That all power is inherent in the people, and all 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 inalienable and indefeasible right to alter, reform, or abolish the government in such manner as they may think proper.
Sec. 2. That government being instituted for the common ben- efit, the doctrine of non-resistance against arbitrary power and oppression is absurd, slavish, and destructive to the good and happiness of mankind.
Sec. 3. That all men have a natural and defeasible right to worship Almighty God according to the dictates of their own conscience: that no man can of right be compelled to attend. erect, or support any place of worship, or to maintain any minister against his consent; that no human authority can, in any case whatever, control or interfere with the rights of conscience; and that no preference shall ever be given by. law to any religious establishment or mode of worship.
Sec. 4. That no political or religious test, other than an oath to support the Constitution of the United States and of this State, shall ever be required as a qualification to any office or public trust under this State.
· Sec. 5. That elections shall be free and equal: and the right of suffrage. as hereinafter declared, shall never be denied to any per- son entitled thereto, except upon a conviction by a jury of some infamous crime, previously ascertained and declared by law, and judgment thercon by a court of competent jurisdiction.
. Sec. 6. That the right of trial by jury shall remain inviolate. and no religious or political test shall ever be required as a quali- tieation for jurors.
Sec. 7. 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,
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or to scize any person or persons not named, whose offenses are not particularly described and supported by evidence, are dal- gerous to liberty, and ought not to be granted.
Sec. S. That no. man 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 prop- erty, but by the judgment of his peers or the law of the land.
Sec. 9. That in all criminal prosecutions the accused bath the right to be heard by himself and bis 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 compul- sory process for obtaining witnesses in his favor; and in prosecu- tions by indictment or presentment, a speedy public trial by an impartial jury of the county in which the crime shall have been committed, and shall not be compelled to give evidence against himself.
Sec. 10. That no person shall, for the same offense. be twice put in jeopardy of life or limb.
Sec. 11. That laws made for the punishment of acts committed previous to the existence of such laws, and by them only declared criminal, are contrary to the principles of a free government: wherefore no ex post facto law shall be made.
Sec. 12. That no conviction shall work corruption of blood or forfeiture of estate. The estate of such persons as shall destroy their own lives shall descend or vest as in case of natural death. If any person be killed by casualty, there shall be no forfeiture in consequence thereof.
Sec. 13. That no person arrested and confined in jail shall be treated with unnecessary rigor.
Sec. 14. That no person shall be put to answer any criminal charge but by presentment, indictment, or impeachment.
Sec. 15. That all prisoners shall be bailable by sufficient sure- ties, unless for capital offenses, when the proof is evident or the presumption great; and the privileges of the writ of habeas corpus shall not be suspended unless when, in case of rebellion or inva- sion, the General Assembly shall declare the public -afety re- quires it.
Sec. 16. That excessive bail shall not be required. nor excessive fines imposed. nor cruel and unusual punishment inflicted.
Sec. 17. That all courts shall be open, and every man. for an injury done him in his lands, goods, person, or reputation, shall bavo remedy by due course of law, and right and justice adminis.
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tered without sale, denial, or delay. Suits may be brought agains: the State in such manner and in such courts as the Legislature may by law direct.
Sec. 18. The Legislature shall pass no law authorizing impri -- onment for debt in civil cases.
Sec. 19. That the printing presses shall be free to every person to examine the proceedings of the Legislature, or of any branch or officer of the Government: and no law shall ever be made to restrain the right thereof. The free communication of thought- .and opinions is one of the invaluable rights of man, and every citizen may freely speak, write and print on any subject, being responsible for the abuse of that liberty. But in prosecutions for the publication of papers investigating the official conduct of officers or mer in public capacity. the truth thereof may be given in evidence; and in all indictments for libel the jury shall have a right to determine the law and the facts, under the direction of the court, as in other criminal cases.
Sec. 20. That no retrospective law, or law impairing the obliga- tions of contracts, shall be made.
Sec. 21. That no man's particular services shall be demanded. or property taken or applied to public use, without the consent of his representatives, or without just compensation being made therefor.
Sec. 22. That perpetuities and monopolies are contrary to the genius of a free State, and shall not be allowed.
Sec. 23. That the citizens have a right. in a peaceable manner. to assemble together for their common good. to instruct their rep- resentatives, and apply to those invested with the powers of gov- ernment for redress of grievances, or other proper purposes. by address or remonstrance.
Sec. 24. That the sure and certain defense of a free people is a well-regulated militia; and, as standing armies in time of peace are dangerous to freedom, they ought to be avoided as far as the circumstances and safety of the community will admit: and that in all cases the military shall be kept in strict subordination to the civil authority.
Sec. 25. That no citizen of this State. except such as are em- ployed in the army of the United States of militia in actual ser- vice, shall be subjected to punishment under the martial or mili- tary law. That martial law. in the sense of the unrestricted power of military officers or others to dispose of the persons, liberties. or property of the citizen, is inconsistent with the principles of free
CONSTITUTION OF TENNESSEE.
government, and is not confided to any department of the govern- ment of this State.
Sec. 26. That the citizens of this State have a right to keep and to bear arms for their common defense; but the Legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime.
Sec. 27. 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 prescribed by law.
Sec. 28. That no citizen of this State shall be compelled to bear arms, provided he will pay an equivalent, to be ascertained by law.
Sec. 29. That an equal participation in the free navigation of the Mississippi is one of the inherent rights of the citizens of this State: it cannot, therefore, be conceded to any prince, potentate, power, person or persons whatever.
Sec. 30. That no hereditary emoluments, privileges, or honors, shall be granted or conferred in this State.
Sec. 31. That the limits and boundaries of this State being ascertained. it is declared they are as hereafter mentioned-that is to say: Beginning on the extreme height of the Stone Moun- tain, at the place where the line of Virginia intersects it, in lati- tude thirty-six degrees and thirty minutes north ; running thence along the extreme height of the said mountain to the place where the Watauga River breaks through it; thence a direct course to the top of the Yellow Mountain, where Bright's road crosses the same; then along the ridge of said mountain. between the waters of Due River and the waters of Rock Creek, to the place where the road crosses the Iron Mountain ; from thence along the extreme height of said mountain to the place where Nolichucky River runs through the same: thence to the top of the Bald Mountain : thence along the extreme height of said mountain to the Painted Rock. ou French Broad River: thence along the highest ridge of said mountain to the place where it is called the Great Iron or Smoky Mountain: thence along the extreme Height of said mout- tain to the place where it is called tire Unicoi or Enaka Moun- tain, between the Indian towns of Cowee and Old Chota: thence along the main ridge of the said mountain to the southern both- dary of this State, as described in the art of cession of North Carolina to the United States of America: and that all the terri- tory. Lands, and waters lying west of the said line, as before men- tioned, and contained within the chartered limits of the State of
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North Carolina, are within the boundaries and limits of this State .. over which the people have the right of exercising sovereignty. and the right of soil. so far as is consistent with the Constitute. m of the United States, recognizing the Articles of Confederati a. the Bill of Rights. and Constitution of North Carolina. the cession act of the said State, and the ordinance of Congress for the gov. ernment of the territory north-west of the Ohio: Provided, Nothing herein contained shall extend to affect the claim or claims of indi- viduals to any part of the soil which is recognized to them by the aforesaid cession act: And provided also, That the limits and juris- diction of this State shallextend to any other land and territory now acquired, or that may hereafter be acquired, by compact or agreement with other States or otherwise, although such land and territory are not included within the boundaries hereinbefore designated.
Sec. 32. That the erection of safe and comfortable prisons, and inspection of prisons, and the humane treatment of prisoners shall be provided for.
Sec. 33. That slavery and involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, are forever prohibited in this Stato.
Sec. 34. The General Assembly shall make no law recognizing the right of property in man.
ARTICLE II. DISTRIBUTION OF POWERS.
Section 1. The powers of the Government shall be divided into three distinct departinents: The legislative, executive, and judi- cial.
See. 2. No person or persons belonging to one of these depart- ments shall exercise any of the power- properly belonging to either of the others, except in the cases herein directed or per- mitted.
THE LEGISLATIVE DEPARTMENT.
Sec. B. The legislative authority of this State shall be vested in · a General Assembly, which shall consist of a Senate and a Huge of Representatives, both dependent on the people, who shall holl their offices for two years from the day of the general election.
See. 4. An enumeration of the qualified voters and an appor- tionment of the Representatives to the General Assembly shall be
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made in the year one thousand eight hundred and seventy-one. and within every subsequent term of ten years.
See. 5. The number of Representatives shall, at the several periods of making the enumeration, be apportioned among the several counties or districts, according to the number of qualified voters in each. and shall not exceed seventy-five until the popu- lation of the State shall be one million and a half. and shall never exceed ninety-nine: Provided. That any county having two-thirds of the ratio shall be entitled to one member.
Sec. 6. The number of Senators shall, at the several periods of making the enumeration, be apportioned among the several coun- ties or districts, according to the number of qualified electors in each, and shall not exceed one-third the number of Representa- tives. In apportioning the Senators among the different counties the fraction that may be lost by any county or counties in the apportionment of members to the House of Representatives shall be made up to such county or counties in the Senate as near as may be practicable. When a district is composed of two or more counties they shall be adjoining, and no counties shall be divided in forming a district.
Sec. T. The first election for Senators and Representatives shall be held on the second Tuesday in November, one thousand eight hundred and seventy : and forever thereafter elections for members of the General Assembly shall be held once in two years, on the first Tuesday after the first Monday in November. Said elections shall terminate the same day.
Sec. S. The first session of the General Assembly shall com- mence on the first Monday in October. 15;1. at which time the term of service of the members shall commence, and expire on the first Tuesday of November, 1872, at which session the Gov- ernor elected on the second Tuesday in November, 1870, shall be inaugurated: and forever thereafter the General Assembly shall meet on the first Monday in January next onsning the election. at which session thereof the fiovernor shall be inaugurated.
Sec. 9. No person shall be a Representative unless be shall the a citizen of the United States, of the age of twenty-one years, and shall have been a citizen of this State for three years and a re-i- dent in the county he represents one year immediately preceding the election.
Sec. 10. No person shall be a Senator unless he shall be a citi- zen of the United States of the age of thirty years, and shall have. resided three years in this state and one year in the county or
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district immediately preceding the election. No Senator or Rey. resentative shall, during the time for which he was elected, I eligible to any office or place of trust. the appointment to which is vested in the Executive or General Assembly, except to the office of trustee of a literary institution.
Sec. 11. The Senate and House of Representatives, when assem- bled, shall each choose a Speaker and its other officers: be judge- of the qualifications and election of its members, and sit upon it- own adjourntients from day to day. Not less than two-thirds of all the members to which each House shall be entitled shall con- stitute a quorum to do business: but a smaller number may adjourn from day to day, and may be authorized by law to com !- pel the attendance of absent members.
Sec. 12. Each Hou-e may determine the rules of its proceed- ings, punish its members for disorderly behavior. and. with the concurrence of two-thirds, expel a member. but not a second time for the same offense: and shall have all other powers necessary for a branch of the Legislature of a free State.
Sec. 13. Senator and Representatives shall. in all cases except treason, felony. or breach of the peace. be privileged from arrest during the session of the General Assembly, and in going to and returning from the same: and for any speech or debate in either House they shall not be questioned in any other place.
See. 14. Each House may panish by imprisonment. during its session, any person not a member, who shall be guilty of disrespect to the House by any disorderly or contemptuous behavior in its presence.
Sec. 15. When vacancies happen in either House the Governor for the time being shall issue writs of election to fill such vacan- cies.
See. 16. Neither House shall, during its session. adjourn with- out the consent of the other for more than three days, ner to any other place than that in which the two Houses shall be sitting.
See. 17. Bills may originate in either House, but may be amended. altered, or rejected by the other. No bill shall become a law which embraces more than one subject, that subject to be expressed in the title. All ats which reveal. revive, or amend former laws, shall recite in their caption, or otherwise. the title or substance of the law repeated, revised, or amended.
See. 15. Every bill, shall be read once on three different class. and be passed each time in the House where it originated before transmission to the other. No bill shall become a law @util it
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shall have been read and passed, on three different days, in each House, and shall have received on its final passage, in each House, the assent of a majority of all the members to which that House shall be entitled under the Constitution: and shall have been signed by the respective Speakers in open session-the fact of such signing to be noted on the journal: and shall have received the approval of the Governor, or shall have been otherwise passed under the provisions of this Constitution.
Sec. 19. After a bill has been rejected, no bill containing the same substance shall be passed into a law during the same ses- sion.
Sec. 20. The style of the laws of the State shall be: "Be it ca. acted by the General Assembly of the State of Timesce." No law of a general nature shall take effect until forty days after its passage, unless the same or the caption thereof shall state that the public welfare requires that it should take effect sooner.
Sec. 21. Each house shall keep a journal of its proceedings. and publish it, except such parts as the welfare of the State may require to be kept secret; the aves and noes shall be taken in each House upon the final passage of every bill of a general character. and bills making appropriations of public moneys: and the ages and noes of the members on any question shall, at the request of five of them, be entered on the journal.
Sec. 22. The doors of each House and of committees of the whole shall be kept open, unless when the business shall be such as ought to be kept secret.
Sec. 23. The sum of four dollars per day, and four dollars for . every twenty-five miles traveling to and from the seat of govern- ment, shall be allowed to each member of the General Assembly elected after the ratification of this Con-titution, as a compensa- tion for their services. But no member shall be paid for more than seventy-five days of a regular session, or for more than twenty days of an extra or called session: or for any day when absent from his seat in the Legislature. unless physically unable to attend. The Senators, when sitting as a court of impeach- ment, shall each receive four dollars per day of actual attend- ance.
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.
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Sec. 25. No person who heretofore hath been, or may hereafter be, a collector or holder of public money. Shall have a great in either House of the General Assembly, or hold any other office under the State government, until such person shall have ac- counted for and paid into the treasury all sums for which he may b : 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 fineral Ass mbly. nor shall any person in this State hold more than one lerative office at the same time: Parild, That no appointment in the militia, or to the office of Justice of the Peace, shall be considered a lucrative office, or operative as a disqualification to a seat in either House of the General Assembly.
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