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ARTICLE XXVIII. SECTION 1. The several counties of the State shall invest the moneys of

permanent school and endowment funds in bonds of school corporation, ite, county and municipal bonds or in first mortgages upon good improved em lands within their limits respectively; under such regulations as the legisure may provide, but no farm loan shall exceed one thousand dollars to I one person, firm or corporation.29

za Article XXVIII is a new article: it was proposed by the legislature of 1899 and s ratified at the election of November 6, 1900.

CONSTITUTION OF TENNESSEE-1870.

PREAMBLE AND DECLARATION OF RIGHTS. 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 mber State thereof, consistent with the Constitution of the l'nited States an the set of ression of the State of North Carolina, recognizing the ordinanz for the government of the territory of the United States northwest of the Obi: River, by their delegates and representatives in convention assembled, di on the sixth day of February, in the year of our Lord one thousand sever hundred and ninety-six, ordain and establish a Constitution, or form of gorernment, and mutually agreed with each other to form themselves into a free and independent State by the name of the State of Tennessee; and

Whereas the General Assembly of the said State of Tennessee (pursuau: to the third section of the tenth Article of the Constitution), by an du passed on the twenty-seventh day of November, in the year of our Lord to thousand eight hundred and thirty-three, entitled "An Act" to provide for th. calling of il convention, passed in obedience to the declared will of the voters of the State, ils expressed at the general election of August, in the year !! our Lor one thousand eight bundred and thirty-three, did authorize an provide for the election, by the people, of delegates and representatives, ti meet at Sashville, in Davidson ('ounty, on the third Monday in Vay, in the year of our Lord one thousand eight hundred and thirty-four, for the pur pose of revising and amending, or changing, the Constitution, and said vention did accordingly meet and form a Constitution, which was submitir to the people, and was ratified by them, on the first Friday in March, in the ve:tr of our Lord one thousand eight hundred and thirty-five; and

Whereas the General Assembly of the said State of Tennessee, under att in virtue of the first section of the first Article of the Declaration of Righ. contained in and forming a part of the existing Constitution of the State loy an et passed on the fifteenth day of Yovember, in the year of our Lor one thousand eight hundred and sixty-nine, did provide for the calling of convention by the people of the State, to meet at Nashville, on the second Mo day in January, in the year of our Lord one thousand eight hundred at: seventy, and for the election of delegates for the purpose of amending or in vising the present Constitution, or forming and making a new Constitution and

Whereas the people of the State, in the mode provided by said Act. nale called said convention and elected delegates to represent them therein: H therefore, we, the delegates and representatives of the people of the State in Tennessee, duly elected, and in convention assembled, in pursuance of sai! Act of Assembly, have ordained and established the following Constitut). and form of government for this State, which we recommend to the people Tennessee for their ratification—that is to say:

ARTICLE 1.

DECLARATION OF RIGHTS. SECTION 1. That all power is inherent in the people, and all free gorer: ments are founded on their authority, and instituted for their peace. sieti and happiness; for the advancement of those ends, they have at all times

* The convention which drafted the constitution of Tennessee assemblis Nashville on the second Monday in January, 1870, and adjourned on February 1870. The constitution was submitted to the electors on March 26, 1870, and was rasfied by a vote of 98,128 to 33,872. The constitution was submitted as a whole and I proposition was submitted separately. The proclamation of the governor declarta the constitution ratitied was issued on May 5, 1870. This constitution has nere. amended since its adoption.

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ndefeasible right to alter, reform, or abolish the governr as they may think proper. vernment being instituted for the common benefit, the tance against arbitrary power and oppression is `a urd, ive of the good and happiness of mankind. U men have a natural and indefeasible right to worship rding to the dictates of their own conscience: that

be compelled to attend, erect. or support any place of ntain any minister, against his consent; that no human ny case whatever, control or interfere with the rights of it no preference shall ever be given, by law, to any rent or mode of worship. 10 political or religious test, other than an oath to support the United States and of this State, shall ever be required o any office or public trust under this State. elections shall be free and equal, and the right of suffrage, lared, shall never be denied to any person entitled thereto, viction by a jury of some infamous crime, previously ascerd by law, :und judgment thereon by court of competent juris

the right of trial by jury shall remain inviolate, and do cal test shall ever be required as a qualification for jurors.

the people shall be secure in their persons, houses, papers, from unreasonable searches and seizures; and that general y an officer may be commanded to search suspected places,

of the fact committed, or to seize any person or persons se offenses are not particularly described and supported by gerous to liberty, and ought not to be granted. t no man shall be taken or imprisoned, or disseized of his s, or privileges, or outlawed, or exiled, or in any manner prived of his life, liberty, or property, but by the judgment the law of the land. at in all criminal prosecutions the accused hath the right to mself and his counsel; to demand the nature and cause of against him, and to have a copy thereof, to meet the witnesses

have compulsory process for obtaining witnesses in his favor. itions by indictment or presentment, a speedy public trial, by ry of the county in which the crime shall have been committed, he compelled to give evidence against himself. That no person shall, for the same offense, be twice putin Ee or limb. That laws made for the punishment of acts committed previous ce of such laws, and by them only declared criminal, are conrinciples of a free government; wherefore no ex post law shall

That no conviction shall work corruption of blood or forfeiture be estate of such persons as shall destroy their own lives shall est as in case of natural death. If any person be killed by e shall be no forfeiture in consequence thereof. That no person illrested and confined in jail shall be treated with rigor.

That no person shall be put to answer any criminal charge but ent, indictment, or impeachment.

That all prisoners shall be bailable by sufficient sureties, umless offenses, when the proof is evident, or the presumption great. vilege of the writ of habeas corpus shall not be suspended, unless ise of rebellion or invasion, the General Assembly shall declare safety requires it. · That excessive bail shall not be required, nor excessive fines or cruel and unusual punishments inflicted.

SEC. 17. That all courts shall be open; and every man, for an iaja; done him in his lands, goods, persons, or reputation, shall have renaly : due course of law, ind right and justice (dministered without sale, deri or delay. Suits may be brought against the State in such manner and in a courts ils the Legislature may by law direct.

SEC. 18. The Legislature shall pass no law authorizing imprisonment to debt in civil cases.

SEC. 19. That the printing presses shall be free to every person to e the proceedings of the Legislature, or of any branch or officer of the giant ment; and no law shall ever be made to restrain the right thereof.

The free communication of thoughts and opinions is one of the inia. able rights of man, and every citizen may freely speak, write, and prin: inny subject, being responsible for the abuse of that liberty.

But in pinne tions for the publication of papers investigating the official conduct of oiti or men in public capacity, the truth thereof may be given in evidence; 1. in all indictments for libel, the jury shall have the right to determine 19 law and the facts, under the direction of the court, as in other ciu

Cases.

SEC. 20. That no retrospective law, or law impairing the obligaties (ontracts, shoill be made.

SEC. 21. That no man's particular services shall be demanded, or " erty taken, or applied to public use, without the consent of his representati or without just compensation being made therefor.

SEC. 22. That perpetuities and monopolies are contrary to the genin: a free State, and shall not be allowed.

SEC. 23. That the citizens have a right, in a peaceable manner. to je ble together for their common good, to instruct their representatives, in apply to those invested with the powers of government, for redress of ances, or other purposes, by addresses or remonstrance.

SEC. 24. That the sure and certain defense of it free people is a * regulated militia ; and as standing armies in time of peace are dangeros freedom, they ought to be it voided as far as the circumstances and safety the community will admit; and that in all cases the military shall be in strict subordination to the civil authority.

SEC. 25. That no citizen of this state, except such as are employee the army of the United States, or militia in actual service, shall be subje** to punishment under the martial or military law; that martial law, in sence of the unrestricted power of military officers, or others, to dispos the persons,“ liberties, or property of the citizen,' is inconsistent with the ** cipies of free government, and is not confided to any department of tbe 2 ernment of this State.

SEC. 26. That the citizens of this State have a right to keep in! bear arms for their common defense; but the Legislature shall have the power, by law, to regulate the wearing of arms with a view to prevent el

SEC. 27. That no soldier shall, in time of peace, be quartered in house without the consent of the owner ; nor in time of war, but in a mal prescribed by law.

Sec. 28. That no citizen of this State shall be compelled to hear it provided he will pay an equivalent, to be ascertained by law.

Sec. 29. That an equal participation in the free navigation of the V** sippi is one of the inherent rights of the citizens of this State: it an i therefore, be conceded to any prince, jotentate, power, person, or jere. whatever.

SEC, 30. That no hereditary emoluments, privileges, or honors sini = be granted or conferred in this State.

Sec. 31. That the limits and boundaries of this State be acertain it is declared they are as hereafter mentioned-that is to say: Begini on the extreme height of the Stone Mountain, at the place where the of Virginia intersects it, in latitude thirty-six degree and thirty mira north; running thence along the extreme height of the said mountain, to place where Watauga River breaks through it; thence a direct course të

of the Yellow Mountain. where Bright's road crosses the same; thence ng the ridge of said mountain, between the waters of the Doe River and

waters of Rock ('reek, to the place where the road crosses the Iron Moun0; from thence along the extreme height of said mountain, to the place ere Nolichucky River runs through the same; thence to the top of the Id Mountain; thence. illong the extreme height of said mountain to the nted Rock, on French Broad River; thence :long the highest ridge of said untain, to the place where it is called the Great Iron, or Smoky, Mountain ; nce along the extreme height of said mountain, to the place where it is ed Unicoi, or Unakil, Mountain, between the Indian towns of Cowee and Chota ; thence itlong the main ridge of the said mountain, to the southern ndary of this State, ils described in the act of cession of North Carolina the United States of America; and that all the territory, lands, and waters 19 west of said line, its before mentioned, and contained within the chary limits of the State of North Carolina, are within the boundaries and its of this State, over which the people have the right of exercising sorignty, and the right of soil, so far as is consistent with the Constitution the United States, recognizing the Articles of Confederation, the Bill of hts, and Constitution of North Carolina, the cession Act of the said State,

the ordinance of ('ongress for the government of the territory, northwest the Ohio; Provided, nothing herein contained shall extend to affect the m or claims of individuals to any part of the soil which is recognized them by the aforesaid cession Act; And provided also, that the limits

jurisdiction of this State shall extend to any other land and territory ' acquired, or that may hereafter be acquired, by compact or agreement bother States, or otherwise, although such land and territory are not uded within the boundaries hereinbefore designated. SEC. 32. That the erection of safe and comfortable prisons, the insper1 of prisons, and the humane treatment of prisoners shall be provided for. Sec. 33. That slavery and involuntary servitude, except as a punishment crime, whereof the pourty shall have been duly convicted, are forever bibited in this State. SEC. 34. The General Assembly shall make no law recognizing the right property in man.

ARTICLE II.

DISTRIBUTION OF POWERS. Section 1. The powers of the government shall be divided into three dist departments: the Legislative, Executive, and Judicial. SEC. 2. No person, or persons, belonging to one of these departments shall reise any of the powers properly belonging to either of the others, except he cases herein directed or permitted.

LEGISLATIVE DEPARTMENT. SEC. 3. The legislative authority of this State shall be vested in a Gen

Assembly, which shall consist of a Senate and House of Representatives, I dependent on the people; who shall hold their offices for two years in the day of the general election, SEC. 4. An enumeration of the qualified voters, and an apportionment of Representatives in the General Assembly, shall be made in the year one usand eight hundred and seventy-one, and within every subsequent term of years. SEC. 5. The number of Representatives shall, at the several periods of king the enumeration, be apportioned among the several counties or dists, according to the number of qualified voters in each; and shall not eed seventy-five until the population of the State shall be one million a half, and shall never exceed ninety-nine; Provided, that any county ing two-thirds of the ratio shall be entitled to one member. SEC. 6. The number of Senators shall, at the several periods of making enumeration, be apportioned among the several counties or districts. Heling to the number of qualified voters in each, and shall not exceed one

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