USA > Tennessee > History of Tennessee, its people and its institutions > Part 30
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[Note .- Const. of 1834, Art. II, Sec. 6. The Const. of 1796, Art. I, Sec. 2, provided for the apportionment of Senators on the same principle applied to Representa- tives, of whom, it was declared, they should "never be less than one-third or more than one-half in number." See also Sec. 4.]
SEC. 7. 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.
[Note .- Const. of 1834, Art. II, Sec. 7, except the date of election is changed from "the first Thursday in August." The Const. of 1796, Art. I, Sec. 5, provides that the election should commence "on the first Thursday in August," and terminate "the succeeding day."]
SEC. 8. The first session of the General Assembly shall commence on the first Monday in October, one thousand eight hundred and seventy-one, at which time the term of service of the members shall commence, and expire on the first Tuesday in November, one thousand eight hundred and seventy-two, at which session the Governor elected on the second Tuesday in November, one thousand eight hundred and seventy, shall be inaugurated; and forever thereafter, the General Assembly shall meet on the first Monday in January next ensuing the election, at which session thereof the governor shall be inaugurated.
[Note .- The Const. of 1796, Art. I. Sec. 6, provided for the meeting of the General Assembly on the "third Monday of September," and that of 1834, Art. II, Sec. 8, on the "first Monday in October."]
SEC. 9. No person shall be a Representative unless he shall be 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 resident in the county he represents one year immediately preceding the election.
[Note .- Const. of 1834, Art. II, Sec. 9. The Const. of 1796 does not require a Representative to be a citizen of the United States, but provides that he shall "possess in his own right in the county which he represents, not less than 200 acres of land," Art. I, Sec. 7.]
SEC. 10. No person shall be a Senator unless he shall be a citizen 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 district immediately preceding the election. No Senator or Representative shall, during the time for which he was elected, be eligible to any office or place of trust, the appointment to which is vested in the Executive or the General Assembly, except to the office of trustee of a literary institution.
[Note .- Const. of 1834, Art. II, Sec. 10. The Const. of 1796 makes no distinction between the qualifications of Senators and Representatives, Art. I, Sec. 7. And see Const. of 1796, Art. [, Sec. 24.]
SEC. 11. The Senate and House of Representatives, when assembled, shall each choose a Speaker and its other officers, be judges of the qualifications and elections of its members, and sit upon its own adjournments from day to day. NOT LESS THAN TWO-THIRDS OF ALL THE MEMBERS TO WHICH EACH HOUSE SHALL BE ENTITLED shall constitute a quorum to do business; but a smalller number may adjourn from day to day, and may be authorized by law to compel the attendance of absent members.
[Note .-- Const. of 1796, Art. I, Sec. 8, and 1834, Art. II. Sec. II, except the words in
SMALL CAPITALS, instead of which they have the following words, "two-thirds of each house."]
SEC. 12. Each house may determine the rules of its proceedings, 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.
[Note .- Const. of 1726, Art. I, Sec. 9; 1834, Art. II. Sec. 12.]
SEC. 13. Senators 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 or returning from the same: and for any speech or debate in either house they shall not be questioned in any other place.
[Note .- Const of 1796, Art. I, Sec. 10; 1834, Art. II, Sec. 13.]
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SEC. 14. Each house may punish by imprisonment, during its session, any person, not a member, who shall be guilty of disrespect to the house, by any disorderly or any contempt- uous behavior in its presence.
[Note .- Const. of 1796, Art. I, Sec. 11, and 1834, Art. II, Sec. 14, except the word "any" before "contemptuous," which they omit.]
SEC. 15. When vacancies happen in either house, the governor for the time being shall issue writs of election to fill such vacancies.
[Note .- Const. of 1796, Art. I, Sec. 12; 1834, Art. II, Sec. 15.]
SEC. 16. Neither house shall, during its session, adjourn without the consent of the other, for more than three days, nor to any other place than that in which the two houses shall be sitting.
[Note .- Const. of 1796, Art. I, Sec. 13; 1834, Art. II, Sec. 16.]
SEC. 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 ACTS WHICH REPEAL, REVIVE, OR AMEND FORMER LAWS, SHALL RECITE IN THEIR CAPTION, OR OTHERWISE, THE TITLE OR SUBSTANCE OF THE LAW REPEALED, REVIVED, OR AMENDED.
[Note .- Const. of 1796, Art. I, Sec. 14, and 1834, Art. II, Sec. 17, except words in SMALL CAPITALS.]
SEC. 18. Every bill shall be read once on three different days, and be passed each time in the house where it originated, before transmission to the other. No bill shall become a lav until it shall have been read and passed, on three different days in each house, and shal have received on its final passage, in each house, the assent of a majority of all the member to which that house shall be entitled under this Constitution, and shall have been signe.l b 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.
[Note .- To show the increase of the guards thrown around the passage of laws, we give the corresponding sections of the former Constitutions, as follows: 1796, Art. I, . Sec. 15, "Every bill shall be read three times, on three different davs, in each house, and be signed by the respective Speakers, before it becomes a law." 1834, Art. II, Sec. IS, "Every bill shall be read once on three different days, and be passed each time in the house where it originated, before transmission to the other. No bill shall become a law, until it shall be read and passed on three different days in each house, and be signed by the respective Speakers."]
SEC. 19. After a bill has been rejected, no bill containing the same substance shall b passed into a law during the same session.
[Note .- Const. of 1796, Art. I, Sec. 16; 1834, Art. II, Sec. 19.]
SEC. 20. The style of the laws of this State shall be: "Be it enacted by the General Assembly of the State of Tennessee." NO LAW OF A GENERAL NATURE SHALL TAKE EFFECT UNTIL FORTY DAYS AFTER ITS PASSAGE, UNLESS THE SAME OR THE CAPTION SHALL STATE THAT THE PUBLIC WELFARE REQUIRES THAT IT SHOULD TAKE EFFECT SOONER.
[Note .- Const. of 1796, Art. I, Sec. 17, and 1834, Art. II, Sec. 20, except words in SMALL CAPITALS.I
SEC. 27. 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 ayes 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 ayes and noes of the members on any question shall, at the request of any five of them, be entered on the journal.
[Note .- Const. of 1834, Art. II, Sec. 21. The Const. of 1796, Art. I, Sec. 18, did not require a call of the ayes and noes on any question.]
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.
[Note .- Const. of 1796, Art. I, Sec. 19; 1834, Art. II, Sec. 22.]
SEC. 23. The sum of four dollars per day, and four dollars for every twenty-five miles traveling to and from the seat of government, shall be allowed to the members of each General Assembly elected after the ratification of this Constitution, as a compensation 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 impeachment, shall each receive four dollars per day of actua attendance.
[Note .- The Const. of 1796, Art. I. Sec. 20, limited the per diem of members to $1.75,
and mileage of the same amount for each twenty-five miles traveled, going and returning. 1834, Art. II, Sec. 23, allowed $4.00 per day and a like sum for each twenty-five miles, to the members of the first General Assembly. and provided that "the compensation of members of the succeeding Legislatures shall be ascertained by law."]
SEC. 24. No money shall be drawn from the treasury but in consequence of appropriation made by law; and an accurate statement of the receipts and expenditures of the public mone
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shall be attached to and published with the laws at the rise of each stated session of the General Assembly.
[Note .- Const. of 1834, Art. II, Sec. 24. Art. I, Sec. 21, of the Const. of 1796, contains only the first clause of the section, to the word "law."]
SEC. 25. No person who heretofore hath been, or may hereafter be, a collector or holder of public moneys, shall have a seat in either house of the General Assembly, OR HOLD ANY OTHER OFFICE UNDER THE STATE GOVERNMENT, until such person shall have accounted for and paid into the treasury all sums for which he may be accountable or liable.
[Note .- Const. of 1796, Art. I, Sec. 22, and 1834, Art. II, Sec. 25, except the words in SMALL CAPITALS. 1
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 General Assembly, nor shall any person in this State hold more than one lucrative office at the same time; provided, 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.
[Note .- Const. of 1834, Art. II, Sec. 26, and substantially, Const. of 1796, Art. I, Sec. 23.]
SEC. 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 reasons for his dissent entered on the journals.
[Note .- Const. of 1796, Art. I, Sec. 25; 1834, Art. II, Sec. 27.]
SEC. 28. 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 held and used for purposes purely religious, charitable, scientific, literary, or educational, and shall except one thousand dollars' worth of personal property in the hands of each taxpayer, and the direct product of the soil in the hands of the producer and his immediate vendee. All property shall be taxed according to its value, that value to be ascertained in such manner as the Legislature shall direct, so that taxes shall be equal and uniform throughout the State. No one specics 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 ad valorem tax on property.
The Legislature shall have the power to levy a tax upon incomes derived from stocks and bonds that are not taxed ad valorem.
All male citizens of this State over the age of twenty-one years, except such persons as may be exempted by law on account of age or other infirmity, shall be liable to a poll tax of not less than fifty cents nor more than one dollar per annum. Nor shall any county or corporation levy a poll tax exceeding the amount levied by the State.
[Note .- Const. of 1796, Art. I, Sec. 26, was as follows: "All lands liable to taxation in this State held by deed, grant, or entry, shall be taxed equal and uniform, in such manner that no one hundred acres shall be taxed higher than another, except town lots, which shall not be taxed higher than two hundred acres of land each. No freeman shall be taxed higher than one hundred acres, and no slave higher than two hundred acres on each poll."
Const. of 1834, Art. II, Sec. 28, was as follows: "All lands, liable to taxation, held by deed, grant, or entry, town lots, bank stocks, slaves between the ages of twelve and fifty years, and such other property as the Legislature may from time to time deem expedient, shall be taxable. All property shall be taxed according to its value; that value to be ascertained in such manner as the Legislature shall direct, so that the same 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 ony other species of property of equal value. But the Legislature shall have power to tax merchants, peddlers, and privileges. in such manner as they may from time to time direct. A tax on white polls shall be laid in such manner, and of such an amount, as may be prescribed by law."]
SEC. 29. The General Assembly shall have power to authorize the several counties and incorporated towns in this State to impose taxes for county and corporation purposes respectively, in such manner as shall be prescribed by law; and all property shall be taxed according to its value upon the principles established in regard to State taxation. But the credit of no county, . city, or town shall be given or loaned to or in aid of any person. company, 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 unon a like election and the assent of a like majority. But the counties of Grainger. Hawkins. Hancock. Union, Campbell. Scott. Morgan, Grundy, Sumner. Smith. Fentress, Van Buren. White, Putnam, Overton. Jackson, Cumberland, Anderson, Henderson. Wayne. Marshall. Cocke. Coffee, Macon, and the new county herein authorized to be established out of fractions of Sumner, Macon, and Smith counties, and Roane, shall be excepted out of the provisions of this section, so far that the assent of a majority of the qualified voters of either of said counties voting on the question shall be sufficient, when the credit of such county is given or loaned to any person, associa-
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APPENDIX.
tion, 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-fourths majority applicable to the other counties of the State.
[Note .- The first sentence in this section, to the word "taxation," is the same as Sec. 29, Art. II, Const. of 1834. There is no section on the same subject in the Constitu- tion of 1796.]
SEC. 30. No article manufactured of the produce of this State shall be taxed otherwise than to pay inspection fees.
ยท [Note .- Const. of 1796, Art. I, Sec. 27; 1834, Art. II, Sec. 30.]
SEC. 31. The credit of this State shall not be hereafter loaned or given to or in aid of any person, association, company, corporation; or municipality, nor shall the State become the owner, in whole or in part, of any bank, or a stockholder with others, in any association, company, corporation, or municipality.
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 States; unless such 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 paying the interest upon the State bonds previously loaned to it, or that shall hereafter and before such application, sell or absolutely dispose of any State bonds loaned to it for less than par.
ARTICLE III .- EXECUTIVE DEPARTMENT.
SECTION I. The supreme executive power of this State shall be vested in a governor.
[Note .- Const. of 1796, Art. II, Sec. 1; 1834, Art. III, Sec. I.]
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 therevi. The returns of every election for governor shall be sealed 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 elections for governor shall be determined by both houses of the General Assembly, in such manner as shall be prescribed by law.
[Note .- Const. of 1796, Art. II, Sec. 2; 1834, Art. III, Sec. 2.]
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.
[Note .- Const. of 1834, Art. III, Sec. 3. The Const. of 1796, Art. II, Sec. 3, required the governor to be at least twenty-one years of age and possess a freehold estate of five hundred acres of land, and that he should have been a citizen or inhabitant of this State four 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. [Note .- Const. of 1834, Art. III, Sec. 4, and substantially, 1796, Art. II, Sec. 4]
SEC. 5. He shall be commander in chief of the army and navy of this 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 OP. INVASION, AND THEN ONLY WHEN THE GENERAL ASSEMBLY SHALL DECLARE BY LAW THAT THE PUBLIC SAFETY REQUIRES IT.
[Note .- Const. of 1796, Art. II, Sec. 3, and 1834, Art. JII, Sec. 5, except the words in SMALL CAPITALS.]
SEC. 6. He shall have power to grant reprieves and pardons, after conviction, except in cases of impeachment.
[Note .- Const. of 1796, Art. II, Sec. 6; 1834, Art. III, Sec. 6.]
SEC. 7. He shall, at stated times, receive a compensation for his services, which shall not be increased or diminished during the period for which he shall have been elected.
[Note .- Const. of 1796. Art. II, Sec. ;: 1834. Art. III, Sec. 7.]
SEC. 8. He may require information. in writing. from the officers in the executive department upon any subject relating to the duties of their respective offices.
[Note .- Const. of 1706, Art. II, Sec. 8; 1834. Art. III, Sec. 8.]
SEC. 9. He may. on extraordinary occasions, convene the General Assembly by proclama- tion, 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 specifically called together.
[Note .- Const. of 1834, Art. III, Sec. o. except words in SMALL CAPITALS, instead of which it has the following: "and shall state to them when assembled, the purposes for which they shall have been convened." The Const. of 1796 did not have any restriction upon the business whereon they might enter. See 1796, Art. II. Sec. g.]
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SEC. 10. He shall take care that the laws be faithfully executed.
[Note .- Const. of 1796, Art. II, Sec. 10; 1834, Art. III, Sec. 10.]
SEC. II. He shall, from time to time, give to the General Assembly information of the state of the government, and recommend for their consideration such measures as he shall judge expedient.
[Note .- Const. of 1796, Art. II, Sec. 11; 1834, Art. III, Sec. 11.]
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 upon the Speaker of the House of Representatives.
[Note .- Const. of 1834, Art. III, Sec. 12. The Const. of 1796 did not provide for the contingency of the death, removal from office, or resignation of the Speaker of the Senate.]
SEC. 13. No member of Congress, or person holding any office under the United States, or this State, shall execute the office of governor.
[Note .- Const. of 1796, Art. II, Sec. 13; 1834, Art. III, Sec. 13.]
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.
[Note .- Const. of 1834, Art. III, Sec. 14, and, substantially, 1796, Art. II, Sec. 14.]
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.
[Note .- Const. of 1796, Art. II, Sec. 15; 1834, Art. III, Sec. 15.]
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.
[Note .~ Const. of 1796, Art. II, Sec. 16; 1834, Art. III, Sec. 16.]
SEC. 17. A Secretary of State shall be appointed by joint vote of the General Assembly, and commissioned during the term of four years; he shall keep a fair register of all the official acts and proceedings of the governor; and shall, when required, lay the same and all papers, minutes, and vouchers relative thereto, before the General Assembly; and shall perform such other duties as shall be enjoined by law.
[Note .- Const. of 1834, Art. III, Sec. 17, and, substantially, 1796, Art. II, Sec. 17.]
SEC. IS. Every bill which may pass both houses of the General Assembly shall, before it becomes a law. be presented to the governor for his signature. If he approve. he shall sign it, and the same shall become a law; but if he refuse to sign it, he shall return 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 journal, and proceed to reconsider the bill. If, after such reconsideration, a majority of all the members elected to that house shall agree to pass the bill, notwithstanding the objections of the Executive, it shall be sent, with said objections to the other house, by which it shall be likewise 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 yeas and nays, 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 (Sundays 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 law. Every joint resolution or order (except on questions of adjournment) shall likewise be presented to the governor for his signature, and before it sha !! take effect shall receive his signature; and on being disapproved by him shall, in like manner. be returned with his objections; and the same, before it shall take effect, sha'l be repassed by a majority of all the members elected to both houses, in the manner and accord. ing to the rules prescribed in case of a bill.
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