USA > Tennessee > The Annals of Tennessee to the End of the Eighteenth Century: Comprising Its Settlement, as the. > Part 32
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Sec. 3. No person shall be eligible to, or hold a seat in, the House of Representatives of the freemen of this commonwealth, unless he actually resides in, and owns land in the county to the quantity of one hundred acres, or to the value of fifty pounds, and is of the full age of twenty-one years. And no person shall be eligible or capable to serve in this or
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327
QUALIFICATIONS FOR MEMBERSHIP.
any other office in the civil department of this State, who is of an im- moral character, or guilty of such flagrant enormities as drunkenness, gaming, profane swearing, lewdness, sabbath breaking, and such like ; or who will, either in word or writing, deny any of the following proposi- tions, vis :
Ist. That there is one living and true God, the Creator and Governor of the universe.
2d. That there is a future state of rewards and punishments.
3d. That the scriptures of the Old and New Testaments are given by divine inspiration.
4th. That there are three divine persons in the Godhead, co-equal and co-essential.
And no person shall be a member of the House of Representatives, who holds a lucrative office either under this or other States ; that is, has a fixed salary or fees from the State, or is in actual military service and claiming daily pay, or minister of the gospel, or attorney at law, or doc- tor of physic.
Sec. 4. Every free male inhabitant of this State, of the age of twenty- one years, who shall have resided in this State six months immediately preceding the day of election, shall have a vote in electing all officers chosen by the people, in the county where he resides.
Sec. 5. The House of Representatives of this commonwealth shall be styled the General Assembly of the Representatives of the Freemen of Frankland ; and shall have power to choose their own Speaker, and all other officers, Treasurer, Secretary of State, Superior Judges, Auditors, members to Congress. They shall have power to sit on their own ad- journments ; to prepare bills, and to enact them into laws ; to judge of the elections of, and qualifications of, their own members. They may expel a member, but not a second time for the same cause ; they may administer oaths on the examination of witnesses, redress grievances, impeach State criminals, grant charters of incorporation, constitute towns, cities, boroughs, and counties, and shall have all other powers neces- sary for the Legislature of a free State or commonwealth. But they shall have no power to add, alter, abolish, or infringe any part of the Constitution.
Two-thirds of the whole members elected shall constitute a House, (and the expense from the appointed time 'till they make a House, shall be laid on absentees, without a reasonable excuse,) and having met and chosen their Speaker, shall, each of them, before they proceed to business, take and subscribe, as well the oath of fidelity and allegiance hereafter directed, as the following oath-
" I, A. B., do swear, That, as a member of this Assembly, I will not propose or assent to any bill or resolution, which shall appear to me in- jurious to the people, nor do, nor consent to any act or thing whatever, that shall have a tendency to lessen or abridge the rights and privileges as declared in the Constitution of this State; but will in all things con- duct myself as a faithful honest representative and guardian of the peo- ple, according to the best of my judgment and abilities. So help me "God."
The doors of the house in which the representatives of the freemen of
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ELECTION OF OFFICERS GIVEN TO THE PEOPLE.
this State shall sit in General Assembly, shall be and remain open, for the admission of all persons who shall behave decently ; except when the good of the commonwealth requires them to be shut.
Sec. 6. The votes and proceedings of the General Assembly shall be printed weekly, during their sitting, with the Yeas and Nays on any question, vote, or resolution, (except when the vote is taken by ballot) when any two members require it; and every member shall have a right to insert the reasons of his vote upon the Journals, if he desires it.
Sec. 7. That the laws, before they are enacted, may be more maturely considered, and the danger of hasty and injudicious determinations ms much as possible prevented, all Bills of a public and general nature shall be printed for the consideration of the people, before they are read ia the General Assembly the last time, for debate and amendment ; and, except on occasions of sudden necessity, shall not be passed into laws before the next session of the Assembly : And, for the more perfect satisfaction of the public, the reasons and motives for making such laws shall be fully and clearly expressed in the preambles.
Sec. 8. The style of the laws of this commonwealth shall be, Be it on- acted, and it is hereby enacted, by the Representatives of the Freemen of the Commonwealth of Frankland, in General Assembly, and by the authority of the same. And the General Assembly shall affix their Seal to every Bill as soon as it is enacted into a law ; which seal shall be kept by the Assembly, and shall be called the Seal of the Laws of Frankland, and shall not be used for any other purpose.
Sec. 9. As in every free government the people have a right of free suffrage for all officers of government that can be chosen by the people, the freemen of this State shall elect Governor and Counsellors, Justices of the Peace for each county, and Coroner or Coroners, Sheriffs, and all other such officers, except such as the Assembly are empowered to choose.
Sec. 10. All the able bodied men in this State shall be trained for its defence, under such regulations, restrictions and exceptions as the General Assembly shall direct by law, preserving always to the people, from the age of sixteen, the right of choosing their colonels, and all other officers under that rank, in such manner and as often as shall be by the same laws directed.
Sec. 11. The Governor of the State shall be annually chosen by the free suffrages of the people on the day of general election for Representatives for the General Assembly, and the returning officers for each county shall make a fair return to the House of Representatives, of the persons voted for, and the number of votes to each, which the Assembly shall exam- ine, and the highest in votes shall be declared constitutionally elected ; but no person shall be eligible more than three years out of seven, nor hold any other office at the same time.
Sec. 12. This State shall be divided into six grand divisions, each of which, as in the above mentioned sections, shall choose a Counsellor ; And these divisions shall be thrown into three classes, numbered 1st, 2d and 3d, which shall change their members in Council by rotation, be- ginning with the first class the first year after they have served one, and the second the second year, and so on forever ; by which means some
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329
DUTIES OF GOVERNOR AND COUNCIL ..
acquainted with business will be always in Council. And no person shall be eligible more than three years in seven, nor shall hold any other office in the State.
Sec. 13. The Governor and Council shall meet annually at the same time and place with the General Assembly : The Governor, or, in his absence, the Lieutenant Governor, who shall be one of their number, chosen with the rest, with the Council, (two-thirds of whom shall make a board,) shall have power to correspond with other States : to transact business with the officers of government, civil and military ; to prepare such business as may appear to them necessary to be laid before the General Assembly : They shall also have power to grant pardons and re- mit fines, in all cases whatsoever, except in case of murder, impeachment, and treason, which they may reprieve 'till the end of the next session of Assembly ; but there shall be no mitigation of punishment on impeach- ment, unless by act of the Legislature ; They are to take care that the laws be faithfully executed ; to expedite the execution of such measures as may be resolved upon by the General Assembly : They may draw upon the Treasury for such sums as shall be appropriated by the House of Representatives-they may also lay embargoes, or prohibit the expor- tation of any commodity for any time not exceeding thirty days, in the recess of the General Assembly only : They may grant licenses, as the lawe shall direct, and shall have power to convene the House of Repre- sentatives, when necessary, before the day to which they were ad- journed. The Governor shall be commander-in-chief of the forces of the State; but shall not command in person, except advised thereto by the Council, and then only for so long as they shall approve of. The Governor and Council shall have a Secretary, and keep fair books of their proceedings, wherein any Counsellor may enter his dissent, with his reasons in support of it.
Sec. 14. All commissions and grants shall be in the name and by the authority of the freemen of the commonwealth of Frankland, sealed with the State seal, signed by the Governor, or, in his absence, the Lieutenant Governor, and attested by the Secretary; which seal shall : be kept by the Council.
Sec. 15. No justice of the peace shall receive any fee, gratuity, or reward for his services as a justice ; but all other officers of this State shall be allowed as moderate fees or salaries as possible, to be an ade- quate compensation for their services. And if any officer shall take other or greater fees than the laws allow, it shall ever afterwards dis- qualify him to hold any office in this State.
Sec. 16. Every officer of government shall be liable to be impeached by the General Assembly, or presented by the grand jury of any of the superior courts, either in office, or after his resignation or removal, for mal-administration. All impeachments shall be before a temporary court, composed of the Governor or Lieutenant Governor, and two members of the Council, to be chosen by the Council ; the three senior Judges of the Supreme Court, and three members of the General As- sembly, to be chosen by the Assembly, who shall, or any five of them, hear and determine the same.
Sec. 17. The Treasurer of State shall be annually appointed, and no
890
FREEMAN TO ALEOT REGISTERS.
person eligible more than three years successively. The Secretary of State, Attorney-General, Auditora, and such like officers, shall be appointed tri- opnially ; but removable for misconduct. And any officer, representative in General Assembly, or in the Congress of the United States, who is convicted of a second violation of any part of this constitution, shall be forever afterwards disqualified to hold any place or office in this State.
Sec. 18. That in every case, where any officer, the right of whome appointment is, by this constitution, vested in the General Assembly, shall, during their recess, die, or his office, by other means, become vacant, the Governor shall have power, with the advice of the Council of State, to fill up such vacancy, by granting a temporary commission, which shall expire at the end of the next session of the Assembly. .
Sec. 19. That no Treasurer, until he shall have finally settled his accounts with the public, and paid the money remaining in his hand to the succeeding Treasurer, nor any person who heretofore has been, er hereafter may be, a Receiver of public monies, under this or any other State, until he has fully accounted for and paid into the treasury all monies for which he may be accountable and liable, shall have a seat in the General Assembly, or be eligible to any civil office in this State.
Sec. 20. The freemen of each county shall, for the purpose of case, justice and conveniency in holding elections, and other public affaira, be divided into districta, as near one hundred in each as local circum- stances will admit.
Sec. 21. The freemen of each district shall meet upon the second Tuesday of February forever, and, at their first meeting, elect three of their own members, who shall be called Registers, and who shall keop a fair alphabetical roll of the freemen of their district. Any two of them agreeing, or upon advice of any five freemen, shall have power to assemble the freemen of their district to consult for the common good, give instructions to their Representatives, or to apply to the Legislature for redress of grievances by address, petition, or remonstrance. They shall preside in all civil district elections, shall meet twice, or oftener, in the year, to deliberate upon and prepare to lay before the people such matters as may be necessary for them to consider. And, to keep up a rotation of the members, the person who shall have fewest votes at the first election, shall continue in office one year, the second two, and the highest three. And no Register shall be eligible for two years after he has served his term.
Sec. 22. That elections may be free, and corruption prevented as much as possible, the Registers of each district shall summon the free- men of their district to meet at some convenient place, upon the first Tuesday of March forever, where they shall elect, by ballot, all the offi- cers for their district, which shall be hereafter directed, and the number of persons, indiscriminately, out of the county, appointed to represent it in the General Assembly, in the following manner : The senior Register shall call each freeman by name, in the order of the roll, who shall give his ticket or tickets to the second Register, and the highest in votes for district officers shall then be declared constitutionally elected ; but the names of the persons to represent the county in Gen- eral Assembly, and their respective numbers of votes, shall, by one of
331
MAGISTRATES TO BE ELECTED BY THE PEOPLE.
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the Registers, be laid before a meeting of one from each district, within ten days after the election ; and when all are examined, the highest in votes shall be declared constitutionally elected, and certified by the same Register. No freeman shall have, in this commonwealth, more than one annual vote for any officer of government, and the Legislature hereafter to be appointed, shall, from time to time, enact and keep in force such laws as may appear necessary to prevent and remedy every species of corruption, and to oblige freemen to attend upon elections.
Sec. 23. Justices of the peace shall be elected for each county, ten or more, by the freemen, as shall, by the General Assembly, be thought necessary for each, of those residing within the same, and qualified ss mentioned in Section 3, who shall be commissioned during good beha- viour, by the Governor or Lieutenant Governor in Council ; and no jus- tice of the peace, or any other commissioned officer, shall hold his com- mission who misbehaves, or is found guilty of such things as dis- qualify ; nor shall any one be chosen who is not a scholar to do the business, nor, unless acquainted with the laws of the country in some measure, but particularly with every article of the Constitution.
Sec. 24. To prevent the civil power usurping spiritual supremacy, the establishing of professions, denominations, or sects of religion, or patron- izing ecclesiastical hierarchies and dignitaries, also to secure religious liberty and the rights of conscience for ever inviolate, every citizen of this commonwealth shall forever have full and free liberty to join him- self to any society of Christians he may judge most for his edification, and shall experience no civil or legal disadvantages for his so doing : And every society or congregation shall have full liberty, without any restraint from law, to choose any minister they think best suited for their Christian instruction, and to support him as they think best; And every such society or congregation shall have full right to hold all lands given to, or purchased by them, for the use of their society, or any other property they may possess for religious purposes : and the society, or any description of men chosen by them, with power to act in their name, shall have power to receive, or to make and execute deeds, and enter into such other specialties as the society may direct them to make; and shall have full power, by their agent, treasurer, or collector, to receive, recover and retain all property and money justly due to them, in as full a manner as any other collector or agent in this commonwealth. And the future Legislature of this State shall have no power to make any law, act, or resolve whatsoever respecting religion, or the spiritual ser- vice we owe to God ; but shall confine themselves wholly to matters purely civil.
Sec. 25. Laws for the encouraging of virtue, and preventing and sup- pressing of vice and immorality, shall be made and constantly kept in force, and provision shall be made for their due execution.
Sec. 26. That no person in the State shall hold more than one lucra- tive office at any one time, provided that no appointment in the militia, or the office of a justice of the peace, shall be considered as a lucrative office.
Sec. 27. All writs shall run in the name of the State of Frankland,
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388
PROVISION MADA FOR LEARNING.'
and bear test, and be signed by the clerks of the respective courts. In- dictments shall conclude, against the peace and dignity of the State.
Sec. 28. That the delegates of this State to the Continental Congress, while necessary, shall be chosen annually by the General Assembly, by ballot, but may be superseded, in the meantime, in the same manner; and no person shall be elected to serve in that capacity for more than three years successively.
Sec. 29. A Sheriff and Coroner shall be annually elected, on the day, and in the manner, for electing Representatives in General Assembly, who shall be commissioned as before mentioned ; and no person shelf be eligible more than two years out of five. Also Commissioners, As- sensors, Overseers of the Poor, Surveyors of Roads, and all such officers as each district may require, at the same time and in such number as in future may appear necessary to the Legislature.
Sec. 30. That the person of a debtor, where there is not a strong presumption of fraud, shall not be continued in prison, after delivering up, bona fide, all his estate, real and personal, for the use of his credi- tors, in such manner as shall be hereafter regulated by law. . All prisons ers shall be bailable by sufficient sureties, unless for capital offences, where the proof is evident or the presumption great.
Sec. 31. That every foreigner, who comes to settle in this State, har- ing first taken an oath of allegiance to the same, may purchase, or, by other just means, acquire, hold, and transfer land or other real estate, " and, after one year's residence, shall be deemed a free citizen.
Sec. 82. All kinds of useful learning shall be encouraged by this commonwealth, that is to say, the future Legislature shall erect, before the year seventeen hundred and eighty-seven, one University, which shall be near the centre of this State, and not in a city or town : And, for endowing the same, there shall be appropriated such lands as may be judged necessary, one-fourth of all the monies arising from the surveys of land hereafter to be made, one halfpenny upon every pound of inspected indigo, that shall be carried out of the State, by land or water ; three- pence upon every barrel of flour, and one shilling on every hogshead of tobacco, forever .* And, if the fund thence arising shall be found insuffi- cient, the Legislature shall provide for such additions as may be neces- sary. And if experience shall make it appear to be useful to the in- terest of learning in this State, a Grammar School shall be erected in each county, and such sums paid by the public as shall enable the trus- tees to employ a master or masters of approved morals and abilities.
Sec. 33. That no purchase of lands shall be made of the Indian na- tives, but on behalf of the public, by authority of the General Assembly. Sec. 84. That the future Legislature of this State shall regulate en- tails in such a manner as to prevent perpetuities.
Sec. 35. That the Declaration of Rights is hereby declared to be a part of the Constitution of this State, and ought never to be violated, on any pretence whatsoever.
Sec. 36. No tax, custom or contribution shall be imposed upon, or
. Dissented to, as is mentioned in the Preface.
338
DISPUTES TO BE SETTLED BY ARBITRATION.
paid by, the people of this State, nor any appropriation of public mo- nies made by the Legislature, except by a law for that purpose; and the purposes for which the money is raised, and to which it is appro- priated, shall be clearly expressed in the preamble. And, annually, the General Assembly shall publish a full account of all money paid into the Treasury, and by whom; also of all paid out of it, to whom, and for what.
Sec. 3'7. If any dispute or difference shall arise betwixt citizens, in matters of debt, property, character, or such things, the parties, agree- ing to state their dispute, and leave it to arbitration, shall proceed in the following manner :- they shall apply by joint petition to the Registers of the district where the case exists, or the defendant lives, unless they shall otherwise agree, who shall name, in writing, twenty-four substan- tial freemen residing in the same, and the parties shall alternately strike out one until one half are struck out; then the parties shall draw by lot such an odd number as they shall agree upon, out of the remainder, who, after taking an oath to try the case in dispute without favour, affec- tion, or partiality, shall hear and finally determine the same.
Sec. 38. The printing presses shall be free to every person who un- dertakes to examine the proceedings of the Legislature, or any person or part of government; and no prosecution shall commence against a printer for printing any thing whatsoever, provided he gives up the per- son's name.
Sec. 39. The Legislature shall take care to proportion punishments to the crimes, and may provide houses for punishing, by hard labour, those convicted of crimes not capital, wherein the criminals shall be employed, for the benefit of the public, or for the reparation of injuries done to private persons. All persons, at proper times, shall be admitted to see the prisoners at their labour.
Sec. 40. The inhabitants of this State shall have liberty to fowl and hunt in seasonable times, on the lands they hold, and all others therein, not enclosed, and in like manner to fish in all boatable waters, and others, not private property.
Sec. 41. The Legislature hereafter to be chosen, shall provide that marriages, in this commonwealth, be regularly and solemnly celebrated, between one man and one woman, before free and single.
Sec. 42. That this Constitution may be the better understood by the citizens of this commonwealth, and be more effectually kept inviolate to the latest ages, the future Legislature shall employ come person or per- sons, at the public expense, to draw it out into a familiar catechetical form, and the Registers shall take care that it be taught in all the schools within their respective districts; and shall further provide, that a suffi- cient number of the Constitution be printed, that each citizen may have one, as the inviolable charter of his privileges.
Sec. 43. The future Legislature shall choose and keep a chaplain du- ring their session, if to be obtained, and shall annually invite some minis- ter of the gospel to open their first session, after the annual election, with a sermon.
Sec. 44. The privileges and benefit of the writ of Habeas Corpus shall be enjoyed in this commonwealth, in the most free, easy, cheap,
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834 GEN. COCKA APPOINTED TO UNITED STATES CONGRESS.
expeditious and ample manner, and shall not be suspended by the Legis- - Jature, except upon the most urgent and pressing occasione, and for s limited time, not exceeding twelve months : And, in all cases, every per-/ son shall enjoy the liberty of being heard by himself and his couneel.
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Sec. 45. In order that the freedom of this commonwealth may be preserved inviolate forever, there shall be chosen by the free suffrage of the freemen of this State, on the day of in the year one thousand seven hundred and ninety, and in every succeeding fifth year forever, twenty-four freeholders, two-thirds of which shall constitute = Board in every case, and known by the name of a Council of Safety, and shall meet on the day of next ensuing their elec- tion, who, during one year after said day, shall have full power, and. their duty shall be, to inquire whether the Constitution has been pro- served --- [REMAINDER OF CONSTITUTION LOST.]. .
Before its adjournment the convention appointed General .- Cooke to present the constitution, as adopted, and a memo- rial to Congress, applying for admission into the Union. Ho was not received, and no notice was taken of his mission.
GREENE COUNTY COURT.
The Franklin government had now commenced, and,$ = 1785 the May Sessions of this year, the county officers were re-appointed or confirmed. Under the new dy- nasty, "Daniel Kennedy was confirmed as Clerk ; James Hous- ton, Sheriff ; Robert Kerr, Register ; and Francis Hughes, Ranger. Tavern rates were, Diet, 1s .; liquor, half pint, 6d. ; pasture and stable, 6d .; lodging, 4d. ; corn, per gallon, 8d .; oats, per do., 6d."
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