USA > Tennessee > History of Tennessee, its people and its institutions > Part 31
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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 his vote for six months next preceding the day of election. shall be 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 suffrage. excent that each voter shall give to the judges of election. where he offers to vote, satisfactory evidence that he has paid his poll taxes assessed against him for such preceding peric1 as the Legislature shall prescribe, and at such time as may be prescribed by law ; without wir! his vote can not be received. And all male citizens of the State shall be subject to payment of poll taxes and the performance of military duty within such ages as may be prescribed 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 freedo". of elections and the purity of the ballot-box.
[Note .- Under the Const. of 1796. Art. III, Sec. I, suffrage was restricted to freemen,
otherwise qualified, possessing a freehold. That of 1834, Art. IV, Sec. I, confined it to free white men, and exempted free men of color from military duty, and from paying a free poll tax.]
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SEC. 2. Laws may be passed excluding from the right of suffrage persons who may be convicted of infamous crimes.
[Note .- Const. of IS34, Art. IV, Sec. 2.]
SEC. 3. Eiectors 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 them.
[Note .-- Const. of 1834, Art. IV, Sec. 3; 1796, Art. III, Sec. 2, except the words, "or summons," which are there omitted.]
SEC. 4. In all elections to be made by the General Assembly, the members thereof shall vote viva voce, and their votes shall be entered on the journal. All other elections shall be by ballot.
[Note .- Const. of 1834. Art. IV, Sec. 4. 1796, Art. III, Sec. 3, was in these words:
"All elections shall be by ballot."]
ARTICLE V .- IMPEACHMENTS.
SECTION I. The House of Representatives shall have the sole power of impeachment. [Note .- Const. of 1796, Art. IV, Sec. 1; 1834, Art. V, Sec. I.]
SEC. 2. All impeachments shall be tried by the Senate. When sitting for that purpose, the Senators shall be upon oath or affirmation, 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.
[Note .- Const. of 1796, Art. IV, Secs. 2 and 3, and 1834, Art. V, Sec. 2, except the words in SMALL CAPITALS.]
SEC. 3. The House of Representatives shall elect from their own body three members, whose duty it shall be to prosecute impeachments. No impeachment shall be tried until the Legislature shall have adjourned sine die, when the Senate shall proceed to try such impeach- ment.
[Note .- Const. of IS34, Art. V, Sec. 3.]
SEC. 4. The Governor, Judges of the Supreme Court, Judges of the inferior courts, Chancellors, Attorneys for the State, TREASURER, COMPTROLLER. and Secretary of State, shall be liable to impeachment whenever they may, in the opinion of the House of Representa- tives, commit any crime in their official capacity, which may require disqualification; but judgment shall only extend to removal from office, and disqualification to fill any office thereafter. The party shall, nevertheless, be liable to indictment, trial, judgment, and punishment according to law. THE LEGISLATURE NOW HAS, AND SHALL CONTINUE TO HAVE, POWER TO RELIEVE FROM THE PENALTIES IMPOSED, ANY PERSON DISQUALIFIED FROM HOLDING OFFICE BY THE JUDGMENT OF THE COURT OF IMPEACHMENT.
[Note .- Const. of 1831, Art. V, Sec. 4, except the words in SMALL CAPITALS. The Const. of 1796. Art. IV, Sec. 4, was substantially the same as that of 1834, only it applied to the Governor and "all civil officers."]
SEC. 3. Justices of the Peace, and other civil officers, not hereinbefore mentioned, for crimes or misdemeanors in office, shall be liable to indictment in such courts as the Legis- lature 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.
[Note .- Const. of 1834, Art. V, Sec. 5.]
ARTICLE VI .- JUDICIAL DEPARTMENT.
SECTION I. 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 Justices of the Peace may also be established.
[Note .- Const. of 1834, Art. VI. Secs. I and 3, in substance. except the words "Circuit" and "Chancery," which it does not contain. The Const. of 1796 vested the judicial power "in such superior and inferior courts of law and equity" as the Legislature might establish, Art. V, Sec. I.]
SEC. 2. The Supreme Court shall consist of five Judges, of whom not more than two shall reside in any one of the grand divisions of the State. The Judges shall designate one of their own number 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 such restrictions and regulations as may, from time to time, be prescribed by law; but it may possess such other jurisdiction as is now conferred by law on the present Supreme Court; said court shall be held at Knoxville, Nashville, and Jackson. [Note .- Const. of 1834, Art. VI, Sec. 2. provides that the Supreme Court shall consist of "three" Judges; does not require one to be designated as Chief Justice; and requires the court to be held at "one place, and one place only," in each of the three grand divisions. Otherwise it does not differ in substance from the above section.]
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CONSTITUTION.
SEC. 3. The Judges of the Supreme Court shall be elected by the qualified voters of the State. The Legislature shall have power to prescribe such rules 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, before his election, have been a resident of the State for five years. His term of service shall be eight years.
[Note .- Under Const. of 1834, Art. VI, Sec. 3, Judges are elected by joint vote of both houses of the General Assembly, and the term of Supreme Judges is fixed at twelve years. The five years' residence was not required. By amendment ratified in 1853, Judges of the Supreme Court were to be elected by the qualified voters of the State at large for the term of eight years. Under the Const. of 1796, Art. V, Sec. 2, all Judges were to be elected by the General Assenibly, and hold office during good behavior.]
SEC. 4. The Judges of the Circuit and Chancery Courts, and of other inferior courts, shall be elected by the qualified voters of the 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 election, have been a resident of the State for five years, and of the circuit or district one year. His term of service shall be eight years.
[Note .- 1853 Amendment to the Const. of 1834, Art. VI, Secs. 3 and 4, in substance, except the words "Circuit and Chancery." and the five years' residence in the State, and one year in the circuit or district. Const. of 1796, Art. V, Sec. 2, pro- vided for the election of all Judges by the Legislature, and that they should hold office during good behavior.]
SEC. 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 jurisdiction 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 for 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 pro tempore.
[Note .- By 1853 Amendment to Const. of 1834, Art. VI, Sec. 5, the Attorney General was elected by the people, for a term of six years. Circuit or District Attorneys were elected for six years, and were not required to have been five years residents of the State, or one year of the circuit or district. Const. of 1796, Art. V, Sec. 2, the attorney or attorneys for the State were elected by the Legislature.]
SEC. 6. Judges 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 ayes and noes, and the names of the members voting for or against the Judge or Attorney for the State, together with the cause or causes of removal, shall be entered on the journal of each house respectively. The Judge or Attorney for the State, against whom the Legislature 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.
[Note .- Const. of 1834, Art. VI, Sec. 6, except words in SMALL CAPITALS, instead of which it used these words: "all the members elected to each house."]
SEC. 7. The Judges of the Supreme or inferior courts shall, at stated times, receive a compensation for their services. to be ascertained by law, which shall not be increased or diminished during the time for which they are elected. They shall not be allowed any fees or perquisites of office, nor hold any office of trust or profit under this State or the l'nited States.
[Note .- Const. of 1834. Art. VI. Sec. 7. The Const. of 1796, Art. V, Sec. 3, omitted the words, "which shall not be increased or diminished during the time for which they are elected." Otherwise it was substantially the same. ]
SEC. 8. The jurisdiction of the Circuit, Chancery, and other inferior courts, shall be as now established by law, until changed by the Legislature.
[Note .- Const. of 1834. AArt. VI. Sec. 8, was as follows: "The jurisdiction of such inferior courts as the Legislature may, from time to time. establish, shall be regulated by law."]
SEC. 9. Judges shall not charge juries with respect to matters of fact, but may state the testimony and deciare the law.
[Note .- Const. of 1834, Art. VI, Sec. 9; and, substantially, 1796, Art. V, Sec. 5.]
SEC. 10. The Judges or Justices of inferior courts of law and equity. shall have power in civil cases, to issue writs of certiorari, 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.
[Note .-- Substantially, Const. of 1796, Art. \, Sec. 7, and 1834, Art. VI, Sec. Io.]
SEC. 11. No Judge of the Supreme or inferior courts shall preside on the trial of any cause in the event of which he may be interested, or where either of the parties shall be
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APPENDIX.
connected with him by affinity or consanguinity, within such degrees as may be 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 consent of all the parties. In case all or any of the Judges of the Supreme Court shall be thus disqualified from presiding on the trial of any cause or causes, the court or the Judges thereof, shall certify the same to the Governor of the State, and he shall forthwith specially commission the requisite number of men, of law knowledge, for the trial and determination thereof. THE LEGISLATURE MAY, BY GENERAL LAWS, MAKE PROVISION THAT SPECIAL JUDGES MAY BE APPOINTED TO HOLD ANY COURT, THE JUDGE OF WHICH SHALL BE UNABLE OR FAIL TO ATTEND, OR SIT, OR TO HEAR ANY CAUSE IN WHICH THE JUDGE MAY BE INCOMPETENT.
[Note .- Const. of 1834, Art. VI, Sec. 11, down to the words in SMALL CAPITALS, instead of which it has the following: "In case of sickness of any of the Judges of the Supreme or inferior courts, so that they or any of them are unable to attend, the Legislature shall be authorized to make provision, by general laws, that special Judges may be appointed to attend said courts." The Const. of 1796, Art. V, Sec. 8, on the same subject, was not so full.]
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 respective clerks. Indictments shall conclude, "against the peace and dignity of the State."
[Note .- Const. of 1796, Art. V, Sec. 9; 1834, Art. VI, Sec. 12.]
SEC. 13. Judges of the Supreme Court shall appoint their clerks, who shall hold their offices for six years. Chancellors shall appoint their clerks and masters, who shall hold their offices for six years. Clerks of the interior courts, holden in the respective counties or districts, shall be elected by the qualified voters thereof for the term of four years. Any clerk may be removed from office for malfeasance, incompetency, or neglect of duty, in such manner as may be prescribed by law.
[Note .- Substantially, Const. of. 1834, Art. VI, Sec. 13. The Const. of 1796, Art. V, Sec. 10, was as follows: "Each court shall appoint its own clerk, who may hold his office during good behavior."]
SEC. 14. No fine shall be laid on any citizen of this State, that shall exceed fifty dollars, unless it shall be assessed by a jury of his peers, who shall assess the fine at the time they find the fact, if they think the fine should be more than fifty dollars.
[Note .- Const. of 1796, Art. V, Sec. 11; 1834, Art. VI, Sec. 14.]
SEC. 15. The different counties of this State shall be laid off as the General Assembly may direct, into districts of convenient size, so that the whole number in each county shall not be more than twenty-five, or four for every one hundred square miles. There shall be two Justices of the Peace and one constable elected in each district, by the qualified voters therein, except districts including county towns, which shall elect three Justices and two constables. The jurisdiction of said officers shall be coextensive with the county. Justices of the Peace shall be elected for the term of six, and constables for the term of two years. Upon removal of either of said officers from the district in which he was elected, his office shall become vacant from the time of such removal. Justices of the Peace shall be commissioned by the Governor. The Legislature shall have power to provide for the appointment of an additional number of Justices of the Peace in incorporated towns.
[Note .-- Const. of 1834, Art. VI, Sec. 15. The Const. of 1796, Art. V, Sec. 12, provided for the appointment of two Justices of the Peace for each captain's company, except that including the county town, which should not exceed three, who should hold their offices during good behavior.]
ARTICLE VII .- STATE AND COUNTY OFFICERS.
SECTION I. There shall be elected in each county, by the qualified voters 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 Coronor and one Ranger, who shall hold their offices for two years. Said officers shall be removed for malfeasance or neglect of duty, in such manner as may be prescribed by law.
[Note .- Const. of 1834, Art. VII, Sec. I. Under the Const. of 1796, Art. VI, Sec. I, all these officers were to be elected by the County Court, some for two years, and some during good behavior.]
SEC. 2. Should a vacancy occur, subsequent to an election, in the office of Sheriff. Trustee, or Register, it shall be filled by the Justices; 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 Elled by the qualified voters at the first election for any of the county officers.
[Note .- Const. of 1834, Art. VII, Sec. 2.]
SEC. 3. There shall be a Treasurer or Treasurers and a Comptroller of the Treasury appointed for the State, by the vote of both houses of the General Assembly, who shall hold their offices for two years.
[Note .- Neither the Const. of 1834, Art. VII. Sec. 3, nor 1796, Art. VI, Sec. 2, pro- vided for the appointment of a "Comptroller of the Treasury."]
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CONSTITUTION.
SEC. 4. The election of all officers and the filling of all vacancies not otherwise directed or provided by this Constitution, shall be made in such manner as the Legislature shall direct.
[Note .- Substantially, Const. of 1834, Art. VII, Sec. 4. The Const. of 1796, Art. VI, Sec. 3, vested the appointment of all officers, not otherwise directed, in the Legislature.]
SEC. 5. Elections for judicial and other civil officers shall be held on the first Thursday in August, one thousand eight hundred 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 so elected shall be computed from the first day of September next succeeding his election. The term of office of the Governor and other executive officers, shall be computed from the 15th day of January next after the election of the Governor. No appointment or election to fill a vacancy shall be made for a period extending beyond the unexpired 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 election of civil officers. And such vacancy shall be filled at the next biennial election occurring more than thirty days after the vacancy occurs.
[Note .- The Const. of 1834, Art. VII, Sec. 5, provided only for holding elections one day and that county and other officers should not be elected at the same time the general elections were held for members of Congress, members of the Legislature and Governor. And by an Amendment, adopted in 1853, the Legislature was required to appoint a day for the election of Judges and Attorneys General separate and apart from the day for holding the election for State and county officers. ]
ARTICLE VIII. - MILITIA.
SECTION 1. All militia officers shall be elected by persons subject to military duty, within the bounds of their several companies, battalions, regiments, brigades, and divisions, under such rules and regulations as the Legislature may, from time to time, direct and establish.
[Note .- Const. of 1834, Art. VIII, Sec. I. Under the Const. of 1796, Art. VII, Secs. 1, 2, 3, 4, and 6, captains, subalterns, and non-commissioned officers were elected by those citizens of the district who were subject to military duty; field officers by those of the county; brigadier generals by the field officers of the brigades: and major generals by the brigadiers and field officers of the divisions. Captains and subalterns of cavalry were appointed by the troops of the company, and the field officers of the district by the captains and subalterns.]
SEC. 2. The Governor shall appoint the Adjutant General, and his other staff officers; the Major Generals, Brigadier Generals, and commanding officers of regiments, shall respect- ively appoint their staff officers.
[Note .- Const. of 1834, Art. VIII, Sec. 2; and see Const. of 1796, Art. VII, Sec. 5.]
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 bearing arnis, from attending private and general musters.
[Note .- Const. of 1796, Art. VII, Sec. 7; 1834, Art. VIII, Sec. 3.]
ARTICLE IX .- DISQUALIFICATIONS.
SECTION I. Whereas, ministers of the gospel are, by their profession, dedicated to God and the care of souls, and ought not to be diverted from the great duties of their functions; therefore, no minister of the gospel or priest of any denomination whatever, shall be eligible to a seat in either house of the Legislature.
[Note .- Const. of 1796, Art. VIII, Sec. 1; 1834. Art. IX, Sec. I.]
SEC. 2. No person who denies the being of God, or a future state of rewards and punish- ments, shall hold any office in the civil department of this State.
[Note .- Const. of 1796, Art. VIII, Sec. 2; 1834, Art. IX. Sec. 2.]
SEC. 3. Any person who shall, after the adoption of this Constitution, fight a duel, or knowingly be the bearer of a challenge to fight a duel, or send, or accept a challenge for that purpose, or be an aider or abettor in fighting a duel, shall be deprived of the right to hold any office of honor or profit in this State, and shall be punished otherwise, in such manner as the Legislature may prescribe.
[Note .- Const. of 1834, Art. I.X, Sec. 3.]
ARTICLE X .- OATHS, BRIBERY OF ELECTORS, NEW COUNTIES.
SECTION 1. Every person who shall be chosen or appointed to any office of trust or profit under this Constitution, or any law made in pursuance thereof, shall, before entering upon the duties thereof, take an oath to support the Constitution of this State, and of the I'nited States, and an oath of office.
[Note .- Const. of 1834, Art. X. Sec. I. The Const. of 1,96, Art. IX. Sec. :. did not require an oath to support the Constitution of the United States. ]
SEC. 2. Each member of the Senate and House of Representatives shall. before they proceed to business, take an oath or affirination to support the Constitution of this State,
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APPENDIX.
and of the United States, and also the following oath: "I, -, do solemnly swear (or affirm) that, as a member of this General Assembly, I will, in all appointments, vote without favor, affection, partiality, or prejudice; and that I will not propose or assent to any bill, vote, or resolution, which shall appear to me injurious to the people, or consent to any act or thing whatever, that shall have a tendency to lessen or abridge their rights and privileges, as declared by the Constitution of this State."
[Note .- Const. of 1834, Art. X, Sec. 2. The Const. of 1796, Art. IX, Sec. 2, is the
same, except that it does not require an oath to support the Constitution of the United States.]
SEC. 3. Any elector who shall receive any gift or reward for his vote, in meat, drink. money, or otherwise, shall suffer such punishment as the laws shall direct. And any person who shall directly or indirectly give, promise, o" bestow any such reward to be elected. shall thereby be rendered incapable, for six years, to serve in the office for which he was elected, and be subject to such further punishment as the Legislature shall direct.
[Note .- Const. of 1796, Art. I.X, Sec. 3: 1834, Art. X, Sec. 3.]
SEC. 4. New counties may be established by the Legislature, to consist of not less than two hundred and seventy-five square miles, and which shall contain a population of seven hundred qualified voters. No line of such county shall approach the court house of any old county, from which it may be taken, nearer than eleven iniles, nor shall said old county be reduced to less than five hundred square miles. But the following exceptions are made to the foregoing provisions, viz .: New counties may be established by the present or any succeeding Legislature, out of the following territory, to wit: Out of that portion of Obion County which lies west of low-water mark of Reelioot Lake; out of fractions of Sumner. Macon, and Smith counties, but no line of such new county shall approach the court house of Sumner or Smith counties nearer than ten miles, nor include any part of Macon County lying within 91/2 miles of the court house of said county; nor shall more than twenty square miles of Macon County, nor any part of Sumner County lying due west of the western boundary of Macon County, be taken in the formation of said new county; out of fractions of Grainger and Jefferson counties, but no line of such new county shall include any part of Grainger County north of Holston River; nor shall any line thereof approach the court house of Jefferson County nearer than eleven miles; such new county may include any other territory which is not excluded by any general provisions of this Constitution; out ci fractions of Jackson and Overton counties, but no line of such new county shall approach the court house of Jackson or Overton counties nearer than ten miles; nor shall such county contain less than four hundred qualified voters, nor shall the area of either of the old counties be reduced below four hundred and fifty square miles; out of fractions of Roare. Monroe, and Blount counties, around the town of Loudon, but no line of such new county shall ever approach the towns of Maryville, Kingston, or Madisonville nearer than eleven miles, except that on the south side of Tennessee River said lines may approach as near as ten miles to the court house of Roane County.
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