USA > Tennessee > History of Tennessee, from its earliest discoveries and settlements to the end of the year 1894 > Part 22
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See. 27. Any member of either House of the General Assembly 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 reason for his dissent entered on the journals.
Sec. 25. 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 beland used for pur- poses purely religious, charitable, scientific, literary, or educa- tional, 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 vender. All property shall be taxed according to its value, that value to be ascertained in such tuanher as the Legislature shall direct, so that taxes shall be equal and uniform throughout the State. No one species of property 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 ud color me tax on property. The Legislature shall have the power to levy a tax upon incomes derived from stock- and bonds that are not taxed ad ralyan. All male citizens of this state over the age of twenty-one yours, except such persons as may be exempted
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by law on account of age or other infirmity, shall be liable to a poll-tax of not less than fifty cents not more than one dollar per annum. Nor shall aur county or corporation levy a poll-tax exceeding the amount levied by the State.
Sec. 29. The General Assembly shall have power to authorize the several countries and incorporated towns in this State to im- pose taxes for county and corporation purposes respectively. in such manner as shall be prescribed by law; and all property choll be taxed according to its value. upon the principles established in regard to State taxation. But the credit of to county, city, or town shall be given or loaned to or in aid of any person. com- pany. 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, association, or corporation, except upon a like ctertion, and the assent of a like mejority. But the cout- ties of Grainger. Hawkins. Hancock, Union, Campbell, Scott. Morgan, Grundy. Summer. Smith. Fentress Van Buren, and the new county herein authorized to be established out of fractions of Sumner, Macon, and Smith counties: White. Putnam, Overton. Jackson, Cumberland. Anderson. Henderson. Wayne. Cocky, Coffee, Macon, Marshall, and Roane shall be exempted out of the provisions of this section. so for that the assent of a majority of the qualified voters of either of said counties voting on the que- tion 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 three-fourth- majority applicable to the other countries of the State.
Sec. 30. No article manufactured of the produce of this State shall be taxed otherwise than to pay insection fre -.
Sec. 31. The credit of this ette shall not be hereafter loaned or given to or in aid of any person. association. company. corporation. or municipality: not SEE the State becali .. the owner, in whole or in part of any Link, or a stockholder with others in any association. company. comparation, of attmiei- 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 Status, unless alla
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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 railroad company which at the time of its application for the same shall be in default in paving the interest upon the State bonds pre- viously loaned to it, or that shall hereafter and before such appli- cation, 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 scaled 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 members 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 elec- tions for Governor shall be determined by both Houses of the General Assembly, in such manner as may 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 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 declare 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
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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 off- cers in the executive department upon any subject relating to the duties of their respective offices.
Sec. 9. He may, on extraordinary occasions, convene the Gen- eral 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 specifi- cally called together.
Sec. 10. He shall take care that the laws be faithfully exe- cuted.
Sec. 11. He shall, from time to time, give to the General As- sembly information of the state of the government. and recom- mend 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 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 commissioned during the term of four years. Hle shall keep a fair register of all the official acts and proceedings of the Governor, and shall, when required. Jay the same, and all papers, minutes, and vouchers relative thereto.
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before the General Assembly: and shall perform such other duti. . as shall be enjoined by law.
Soc. 13. Every bill which may pass both Houses of the General Assembly shall. before it becomes a law, be presented to the Gov- ernor for his signature. If he approto, he shall sign it, and th . same shall become a law; but if he refuse to sign it, he shall ro- turn 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 journals, and proceed to reconsist. . the bill. If. after such reconsideration, a majority of all the men - bers elected to that House shall agree to pass the bill notwith- standing the objections of the Executive. it shall be sent. with: said objections, to the other House, by which it shall be likemi -. 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 veas and pays, 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 ( Sunday excepted) 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 las. Every joint resolution or order, except on questions of adjournment, shall likewise be presented to the Governor for his signature, and before it shall take effect sha.l receive his signature, and on being disapproved by him, shall in like manner be returned with his objections; and the same, befor. it shall take effect. shall be repassed by a majority of all the ment- bers 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 Lis vote for six months next preceding the day of election. shall b. 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 suffrazo except that each voter shall give the judges of election where he
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offers to vote satisfactory evidence that he has paid the poll-taxes assessed against him for such preceding period as the Legislature shall percibe, and at such time as may be prescribed by law. without which his vote cannot be received. And all male citiz n- of the State shall be subject to the payment of poll-taxes and the performence of military duty within such ages as may be pre- seribed by law. The General Assembly shall have power to enact laws requiring voters to vote in the election precincts in which they may 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 rights of suff- rage persons who may be convicted of infamous crimes.
Sec. B. 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 returning from theni.
See. 4. In all elections to be made by the General Assen bly the members thereof shall vote rien one, 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 impeachicents shall be tried by the Senate. When sitting for that purpose the Senators shall be upon oath or affir- mation, 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 concurrence of two- thirds of the Senators sworn to try the officer impeached.
dec. B. The House of Representatives shali elect from their own body three members whose duty it shall be to partente impact- ments. No impeachment skatt be tried until the Legislature chil have adjourned sind die. when the senate shall proceed to try such impeachment.
Sor. 4. The Governor, Judges of the Supreme Court, India's of the interior courts, Chancellors. Attorney for the State, Treasurer. Comptroller, and Secretary of State shall be liable to impeach- ment whenever they may, in the opinion of the House of Rome- sentatives. commit any crime in their official capacity which may require d'equalification; but judgment shall only extend to
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removal from office and disqualification to fill any office there- after. The party shall, nevertheless, be liable to indictment, tri si judgment, and punishment according to law. The Legi-lavm now has, and shall continue to have, power to relieve from th 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 herein- before mentioned, for crimes or misdemeanors in office, shall i 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 Ju -- tices of the Peace may also be established.
Sec. 2. The Supreme Court shall consist of five Judges, of whos: not more than two shall reside in any one of the grand divisions of the State. The Judges shall designate one of their own nutr- ber who shall preside as Chief Justice. The concurrence of three of the Judges shall, in every case, be necessary to a decision. The jurisdiction of this court shall be appellate only, under suo restrictions and regulations as may from time to time be pre- scribed by law: but it may possess such other jurisdiction ati- now conferred by law on the present Supreme Court. Said court shall be held at Knoxville, Nashville and Jackson.
See. 3. The Judges of the Supreme Court shall be elected br the qualified voters of the State. The Legislature shall have power to prescribe such rales 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 befor. the election, have been a resident of the State for five years. IT- term of service shall be eight years.
Sec. 4. The Judges of the Circuit and Chancery Courts, and .i other inferior courts, shall be cleetel by the qualified voters of tr.c
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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 dection, have been a resident of the State five years, and of the cireuit or district one year. His term of service shall be eight vers.
See. 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 criminal jurisdic- tion 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 resident of the State five years, and of the circuit or district one 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 jen tempure.
Sec. 6. Jude's and Attorneys for the State may be removed from office by a concurrent vote of both Houses of the General 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 aves and noes, and the names of the members voting for of against the Judge or Attorney for the State, together with the cause or causes of re- moval, shall be entered on the journal of each House respectively. The Judge or Attorney for the State against whom the Legisla- ture may be about to proceed, shall receive notice thereof, accom- panied 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 thereupon.
Ser. 7. The Judges of the Supreme or inferior courts shall, at t ted times, receive a compensation for their services, to be ascer- tined by law, which shall not be increased or diminished during the time for which they are elected. They shall not be allowed my fees or perquisites of office, noe hold any office of trust or profit under the suite or United States.
See. S. The jurisdiction of the Circuit. Chancery, and other in- Terior courts , hail be as bow established by law natil changed by in Legislature.
See. 9. Judges shall not charge juries with respect to matters of Het, but may state the testimony and declare the law.
See. 10. Judges or justices of the interior courts of law and unity shall have power in all civil cases to issue write of certiorari
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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.
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Sec. 11. No Judge of the Supreme or inferior courts shall ph - side on the trial of any cause in the event of which he may i ... interested. or where either of the parties shall be connected with him by allinity or consanguinity, within such degree as may h 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 con- sent of all the parties. In case all or any of the Judges of th Supreme Court shall thus be disqualified from presiding on th, trial of any cause or causes, the court, or the Judges thereof, sha ! certify the same to the Governor of the State, and he shall forth- with specially commission the requisite number of men of its knowledge for the trial and determination thereof. The Legis !:- ture may. by general laws, make provision that special Judge- may be appointed to hold any court the Judge of which shall! ! unable or fail to attend or sit, or to hear any cause in which ti. Judge may be incompetent.
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 respe- tive Clerks. Indictments shall conclude: "Against the peace isi dignity of the State."
Sec. 13. Judges of the Supreme Court shall appoint their Clerk -. who shall hold their office for six years. Chancellor- shall appoint their Clerk and Masters, who shall hold their offices for six vear- Clerks of the inferior courts, holdlen in the respective counties .: districts, shall be elected by the qualified voters thereof. for th. term of four years. Any Clerk may be removed from office of malfeasance, incompetency, or neglect of duty, in such manter as may be prescribed by law.
Sec. 14. No fine shall be laid on any citizen of this State thr: shall exceed fifty dollars, unless it shall be assessed by a jury vi his peers, who shall assess the fine at the time they find the furt. if they think the fine should be more than fifty dollars.
Sec. 15. The different counties of this State shall be laid off: p the General Assembly may direct, into districts of convenient size, so that the whole number in each county shall not be the than twenty-five, or four for every one hundred square mile- There shall be two Justices of the Peace and one Constable elerin: in rach district by the qualified voters therein, except district- including county towns, which shall elect three Justices and th
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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 dleeted his office shall become vacant from the time of such removal. Justie's of the Peace shall be commissioned by the Governor. The Legislature shall have power to provide for the ap- pointment 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 quali- fied vaters 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 neglect of duty. in such man- ner as may be prescribed by law.
See. 2. Should a vacancy occur subsequent to an election in the office of Sheriff. Trustee, or Register. it shall be Glied by the Jus- tices: if in that of the Clerk to be elected by the people, it shall be filled by the courts; and the person so appointed 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 elec- tion 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 vacan- dies not otherwise directed or provided by this Constitution shall be made in such manner as the Legislature shall direct.
See. 5. Elections for judicial and other civil officers shall be held on the first Thursday in August. one thousand eight hund- red 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 s& elected shall be computed from the first day of September next succeeding his election. The term of office of the Governor and other executive officer-
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shall be computed from the fifteenth of January next after the election of the Governor. No appointment or election to fill it vacancy shall be made for a period extending beyond the unex- pired 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 term of civil officers; and such vacancy shall be filled at the next biennial election re- curring more than thirty days after the vacancy occurs.
ARTICLE VIII. MILITIA.
Section 1. All militia officers shall be elected by persons subject to military duty within the bounds of their several compani -. battalions, regiments. brigades, and divisions, under such rules and regulations as the Legislature may, from time to time, dircet and establish.
See. 2. The Governor shall appoint the Adjutant-General and his other staff officers: the Major -General, Brigadier -- General, amt commanding officers of regiments, shall respectively appoint their staff officer -.
Sec. 3. The Legislature shall pass laws exempting citizens belonging to any sect or denomination of religion, the tenets of which are known to be opposed to the bearing of arms, from attending private and general musters.
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