USA > Tennessee > History of Tennessee, its people and its institutions > Part 29
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Early in its career the State entered on the work of constructing railroads and improving other means of transportation, in order to develop the immense resources which nature had so bountifully pro- vided. Then came the era of prosperity and accumulated wealth.
The State had already begun the work of judicious legislation for developing its internal resources, for providing charitable institutions for the unfortunate classes of its citizens, for education, sanitation, and other public benefits, when its career was interrupted by the Civil War.
This war brought to the State the horrors of invasion, the fratricidal strife of its citizens. the destruction of its labor system, the upheaval of its social and political institutions, public debt, and individual impover- ishment.
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THE PRESENT TIME.
Nothing has ever daunted the people of Tennessee. The labor system has been reconstructed. The social institutions have been adapted to the changed conditions. The political supremacy of the people has been restored. The public debt has been adjusted, and steps have been taken for its gradual liquidation. By individual economy and industry the people have recuperated their private fortunes. Thrift, enterprise, and wealth are visible everywhere.
In the words of the Confederate Veteran Association, "The New South is the legitimate offspring of the Old South. It is not a galvan- ized corpse worked into life by batteries from without. It is a healthy expansion of forces from within." "The New South, in material development, will rise above the Old South. We shall have a denser population, larger cities, more stately buildings, more ample revenues, more widely diffused intelligence, richer men, more wealthy corporations ; but we shall never have a higher social order, nobler sentiments, purer aspirations, grander men, or more devoted or truer women than the men and the women of the Old South."
May the spirit which sustained their ancestors through so many vicissitudes of fortune ever animate the future generations of Tennes- seans, and may the glories and virtues which they inherit from the past be their inspiration for the future.
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TOPICAL ANALYSIS.
TOPICAL ANALYSIS OF DIVISION III.
FROM THE CONSTITUTION OF 1870 TO THE PRESENT TIME.
1. Close of Senter's Administration-Repeal of School Law.
II. Democrats in Power in all Departments-(a) Brown's Administration, Public Debt Funded, Penitentiary Lease Continued, Present School Law; (6) Porter's Administration. Fund- ing Act Repealed, Four Mile Law, Board of Health; (c) Marks' Administration, Contest over State Debt, Democrats Divided.
III. Republicans Elect Governor, Hawkins' Administration, 100-3 Law.
IV. Bate's Administration, Settlement of State Debt, New Orleans Exposition.
V. Taylor's Administration, Industrial School, Public School Officers' Association, Soldiers' Home, Hermitage Association, Penitentiary Lease Continued, Farmers' Alliance.
VI. Buchanan's Administration, Secondary School Law, Appropriation for Teachers' Insti- tutes, Confederate Pension Law, Increased Appropriations for Soldiers' Home and Normal College, Insurrections of the Miners, Bitter Political Contest.
VII. Turney's Administration, New Penitentiary Begun, State Guard Relieved, Brusby Mountain Mines Opened by State, Convict Lease System Abolished, Contest with Railroads, Nor- mal College Appropriation Increased, Chair of American History, The Contested Election.
VIII. Taylor's Third Term-(a) The Centennial Exposition, Its Beauty, Its Historical Char- acter ; (6) The Spanish War, The Four Tennessee Regiments, Tennessee in the Navy, The New Penitentiary Occupied, Railroad Commission.
IX. McMillin's Administration, State Debt, Sinking Fund, Fees of Coal Oil Inspectors. Tax on Charters, Railroad Suits Compromised, Prison Commissioners, Judicial Reforms, High School Law, State Text-book Commission, Return of First Tennessee Regiment.
X. Education, Its Beginnings in Tennessee Home School, Private Schools, Chartered Schoo's. Colleges, State Institutions, United States Cession Act of 1806, College Grants. The Religious Denominations Found Colleges and Universities, the Chartered Academies, Schools Founded by Benevolent Orders, Growth of Public School System, Inst fficiency of Land Grants, Peabody Fund, Final Establishment in 1873, Features of the Law, and Subsequent Amendments.
X1. The Present Time, Trend of Development, State Institutions, Corporations, Social Fea- tures, National and State Associations, Physical Features, Internal Improvements, A Few Statis- tics, Conclusion.
317
APPENDIX.
CONSTITUTION OF THE STATE OF TENNESSEE.
Framed by a Convention convened at Nashville, January 10, 1870, and adopted by a vote of the people of the State, March 26, 1870.
PREAMBLE.
WHEREAS, The people of the territory of the United States, south of the river Ohio, having the right of admission into the General Government as a member State thereof, consistent with the Constitution 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 northwest 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 ninety-six, ordain and establish a Constitution, or form of government, and mutually agreed with each other to form themselves into a free and inde- pendent State, by the name of the State of Tennessee; and,
[Note .- Preamble to Constitution of 1796, repeated in that of 1834. ].
WHEREAS, The General Assembly of the said State of Tennessee (pursuant to the third Section of the tenth Article of the Constitution), 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 THE 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 Representatives, 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 amending cr changing the Constitution; AND SAID CONVENTION DID ACCORDINGLY MEET AND FORM A CONSTITUTION, WHICH WAS SUBMITTED 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, .
[Note .- The language of the preamble to the Constitution of 1834, except the words in SMALL CAPITALS, which were added.]
WHEREAS, The General Assembly of said 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 Convention by the people of the State, to meet at Nasliville on the second 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, or of forming and making a new Constitution; and
WHEREAS, The people of the State, in the mode provided by said act, have called said Convention, and elected delegates to represent them therein; now, therefore.
We, the Delegates and Representatives of the People of the State of Tennessee, elected and in Convention assembled, in pursuance of the said Act of Assembly, have ordained and established the following amended Constitution and form of government for this State, which we recommend to the people of Tennessee for their ratification; that is to say:
[Note .- The language of the preamble to the Constitution of 1834.]
ARTICLE I .- DECLARATION OF RIGHTS.
SECTION I. 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 unalienable and indefeasible right to alter, reform, or abolish the government in such manner as they may think proper.
[Note .- Const. of 1796, Art. XI, Sec. 1; 1834, Art. I, Sec. r.]
SEC. 2. That government being instituted for the common benefit, the doctrine of non-resistance against arbitrary power and oppression, is absurd, slavish, and destructive of the good and happiness of mankind.
[Note .- Const. of 1,96, Art. XI, Sec. 2: 1834, Art. I. Sec. 2.]
SEC. 3. That all men have a natural and indefeasible 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 inini-ter against his consent; that no human authority can, in any case whatever, control or interiere
318
APPENDIX.
with the rights of conscience; and that no preference shall ever be given, by law, to any religious establishment or mode of worship.
[Note .- Const. of 1796, Art. XI, Sec. 3; 1834, Art. I, Sec. 3.]
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.
[Note .-- The language is the same as Sec. 4, Art. XI, Const. of 1796, and Sec. 4, Art.
I, of 1834, except the words in SMALL CAPITALS. ]
SEC. 5. That elections shall be free and equal, AND THE RIGHT OF SUFFRAGE, AS HEREINAFTER DECLARED, SHALL NEVER BE DENIED TO ANY PERSON ENTITLED THERETO, EXCEPT UPON A CONVICTION BY A JURY OF SOME INFAMOUS CRIME, PREVIOUSLY ASCERTAINED AND DECLARED BY LAW, AND JUDGMENT THEREON, BY A COURT OF COMPETENT JURISDICTION.
[Note .- Const. of 1796, Art. XI, Sec. 5, and 1834, Art. I, Sec. 5, except the words in SMALL CAPITALS.]
SEC. 6. That the right of trial by jury shall remain inviolate, AND NO RELIGIOUS OR POLITICAL TEST SHALL EVER BE REQUIRED AS A QUALIFICATION FOR JURORS.
[Note .- Const. of 1796, Art. XI, Sec. 6, and 1834, Art. I, Sec. 6, except the words in SMALL CAPITALS.]
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, or to seize any person or persons not named, whose offenses are not particularly described and supported by evidence, are dangerous to liberty, and ought not to be granted.
[Note .- Const. of 1796, Art. XI, Sec. 7; 1834, Art. I, Sec. 7.]
SEc. 8. 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 property, but by the judgment of his peers or the law of the land.
[Note- Const. of 1796, Art. XI, Sec. 8. The Const. of 1834, Art. I, Sec. 8, says.
"That no FREE man," etc.]
SEC. 9. That in all criminal prosecutions the accused hath the right to be heard by himself and his 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 compulsory process ior obtaining witnesses in his favor; and in prosecutions 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.
[Note .- Const. of 1796, Art. XI, Sec. 9. The Const. of 1834, Art. I, Sec. 9, says, "An impartial jury of the county OR DISTRICT," etc.]
SEC. 10. That no person shall, for the same offense, be twice put in jeopardy of life or limb.
[Note .- Const. of 1796, Art. XI, Sec. 10; 1834, Art. I, Sec. 10.]
SEC. II. 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.
[Note .- Const. of 1796, Art. XI, Sec. 11; 1834, Art. I, Sec. II.]
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 conse- quence thereof.
[Note .- Const. of 1796, Art. XI, Sec. 12; 1834, Art. I, Sec. 12.]
SEC. 13. That no person arrested and confined in jail shall be treated with unnecessary rigor.
[Note .- Const. of 1796, Art. XI, Sec. 13: 1834, Art. I, Sec. 13.]
SEC. 14. That no person shall be put to answer any criminal charge but by presentment, indictment, or impeachment.
[Note .- Const. of 1796, Art. XI, Sec. 14; 1834, Art. I, Sec. 14.]
SEC. 15. That all prisoners shall be bailable by sufficient sureties, 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 case of rebellion or invasion. the General Assembly shall declare the public safety requires it.
[Note .- Const. of 1834, Art. I. Sec. Is. The Const. of 1796, Art. XI. Sec. 15, omits the words, "the General Assembly shall declare."]
SEC. 16. That excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
[Note .- Const. of 1796, Art. XI, Sec. 16; 1834, Art. I, Sec. 16.]
SEc. !;. That all courts shall be open: and every man. for any injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law, and right and
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CONSTITUTION.
justice administered without sale, denial, or delay. Suits may be brought against the State in such manner and in such courts as the Legislature may, by law, direct.
[Note .-- Const. of 1834, Art. I, Sec. 17. The Const. of 1796, Art. XI, Sec. 17, adds the words, "Provided, the right of bringing suit be limited to the citizens of this State."]
SEC. 18. The Legislature shall pass no law authorizing imprisonment for debt in civil cases.
[Note .-- Const. of 1796, Art. XI, Sec. 18, and 1834, Art. I, Sec. 18, were in these words: "That the person of a debtor, where there is not a strong presumption of fraud. shall not be continued in prison after delivering up his estate for the benefit of his creditor or creditors, in such manner as shall be prescribed by law."]
SEC. 19. That the printing presses shall be free to every person to examine the proceed- ings 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 thoughts and opinions is one of the invaluable rights of men, 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 men 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.
[Note .- Const. of 1796, Art. XI, Sec. 19; 1834, Art. I, Sec. 19.]
SEC. 20. That no retrospective law, or law impairing the obligation of contracts, shall be made.
[Note .-- Const. of 1796, Art. XI, Sec. 20; 1834, Art. I, Sec. 20.]
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.
[Note .- Const. of 1796, Art. XI, Sec. 21; 1834, Art. I, Sec. 21.]
SEC. 22. That perpetuities and monopolies are contrary to the genius of a free State, and shall not be allowed.
[Note .- Const. of 1834. Art. I, Sec. 22. The Const of 1796, Art. XI, Sec. 23, adds to the section the words, "by law."]
SEC. 23. That the citizens have a right in a peaceable manner to assemble together for their common good, to instruct their Representatives, and to apply to those invested with the powers of government for redress of grievances, or other proper purposes, by address or remonstrance.
[Note .- Const. of 1796, Art. XI, Sec. 22; 1834, Art. I, Sec. 23.]
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.
[Note .- Const. of 1796, Art. XI, Sec. 24; 1834, Art. I, Sec. 24.]
SEC. 25. That no citizen of this State, except such as are employed in the army of the United States, or militia in actual service, shall be subjected to punishment under the martial OR MILITARY law. THAT MARTIAL LAW, IN THE SENSE OF THE UNRESTRICTED POWER OF MILITARY OFFICERS OR DISPOSE OF TO
OTHERS, THE PERSONS, LIBERTIES. OR PROPERTY OF THE CITIZEN, IS INCONSISTENT WITH THE PRINCIPLES OF FREE GOVERNMENT, AND IS NOT CONFIDED TO ANY DEPARTMENT OF THE GOVERNMENT OF THIS STATE.
[Note .- Neither the Constitution of 1796 nor 1834 have the words in SMALL CAPITALS.
Const. of 1,96, Art. XI, Sec. 25, and 1834, Art. I, Sec. 25, insert before "punish- ment" the word "corporal."]
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.
[Note .-- The words in SMALL CAPITALS are not in either of the old Constitutions. The others are the same, except, instead of the word "citizens," that of 1796, Art. XXI. Sec. 26, uses the word "freemen," and that of 1834, Art. I, Sec. 26, the words. "free white men."]
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.
[Note .- Const. of 1796. Art. XI, Sec. = 7; 1834, Art. I. Sec. 27.]
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.
[Note .- Const. of 1796, Art. XI, Sec. 28; 1834, Art. I, Sec. 28.]
SEC. 20. That an equal participation in the free navigation of the Mississippi is one of the inherent rights of the citizens of this State; it can not, therefore, be conceded to zny prince, potentate, power, person, or persons whatever.
[Note .- Const. of 1796, Art. XI, Sec. 29; 1834, Art. I, Sec. 29.]
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APPENDIX.
SEC. 30. That no hereditary emoluments, privileges, or honors shall ever be granted or conferred in this State.
[Note .- Const. of 1796, Art. XI, Sec. 30; 1834, Art. I, Sec. 30.]
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 Mountain, at the place where the line of Virginia intersects it, in latitude thirty-six degrees and thirty minutes north; running thence along the extreme height of the said mountain to the place where Watauga River breaks through it; thence a direct course to the top of the Yellow Mountain, where Bright's Road crosses the same; thence along the ridge of said mountain, between the waters of Doe 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, on 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 mountain to the place where it is called Unicoi or Unaka Mountain, between the Indian towns of Cowee and Old Chota; thence along the main ridge of the said mountain to the southern boundary of this State, as described in the act of cession of North Carolina to the United States of America; and that all the territory, lands, and waters lying west of the said line, as before mentioned, and contained within the chartered limits of the State of 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 Constitution of the United States, recognizing the Articles of Confederation. the Bill of Rights, and Constitution of North Carolina, the cession act of the said State, and the ordinance of Congress for the government of the territory northwest of the Ohio; provided, nothing herein contained shall extend to affect the claim or claims of individuals to any part of the soil which is recognized to them by the aforesaid cession act; and provided, also, that the limits and jurisdiction of this State shall extend 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 herein- before designated.
[Note .- Const. of 1834, Art. I, Sec. 31. The Const. of 1796, Art. XI, Sec. 32, omits the last proviso.]
SEC. 32. That the erection of safe and comfortable prisons, the 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 State.
[Note .- This section is substantially the same as Art. I, Sec. I, of the amendments to the Constitution, adopted February 22, 1865.]
SEC. 34. The General Assembly shall make no law recognizing the right of property in man.
[Note .- This is the same as Art. I. Sec. 2, of the amendments to the Constitution, adopted February 22, 1865, except the words, "General Assembly," which are substi- tuted for "Legislature." On the subject of Secs. 33 and 34, the Const. of 1834, Art. II, Sec. 31, provides as follows: "The General Assembly shall have no power to pass laws for the emancipation of slaves without the consent of their owner or owners."]
ARTICLE II .- DISTRIBUTION OF POWERS.
SECTION 1. The powers of the Government shall be divided into three distinct depart- ments: The Legislative, Executive, and Judicial.
[Note .- Const. of 1834, Art. II, Sec. 1.]
SEC. 2. No person or persons belonging to one of these departments shall exercise any of the powers properly belonging to either of the others, except in the cases herein directed or permitted.
[Note .- Const. of 1834, Art. II, Sec. 2.]
LEGISLATIVE DEPARTMENT.
SEC. 3. The Legislative authority of this State shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives, both dependent on the people, WHO SHALL HOLD THEIR OFFICES FOR TWO YEARS FROM THE DAY OF THE GENERAL ELECTION.
[Note .- Const. of 1796, Art. I, Sec. I, and 1834, Art. II, Sec. 3, except the words in SMALL CAPITALS. ]
SIC. 4. An enumeration of the qualified voters, and an apportionment of the Representa tives in the General Assembly, shall be made in the year one thousand eight hundred and seventy-one, and within every subsequent term of ten years.
[Note .- Const. of 1834, Art. II, Sec. 4, except the date of the first enumeration. The Const of 1706. Art. I. Sec. 2. provides for the "enumeration of the TAXABLE inhabitants." within every "term of SEVEN years."]
SEC. 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 population of the
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CONSTITUTION.
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.
[Note .- Const. of 1834. Art. II, Sec. 5, except that before the words, "exceed ninety. nine," the word "thereafter" is omitted. The Const. of 1796, Art. I, Sec. 2. provides for the apportionment of Representatives "among the several counties "according to the number of TAXABLE INHABITANTS in each," the number never to "be less than TWENTY-TWO nor greater than TWENTY-SIX, until the number of taxable inhabitants shall be 40,000," and "never to exceed FORTY."]
SEC. 6. The number of Senators shall, at the several periods of making the enumeration, be apportioned among the several counties or districts, according to the number of qualified electors in each, and shall not exceed one-third the number of Representatives. In appor- tioning the number of Senators among the different counties, the fraction that may be lost by any county or counties, in the apportionment of members of 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 county shall be divided in forming a district.
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