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of the Yellow Mountain. where Bright's road crosses the same; thence g the ridge of said mountain, between the waters of the Doe River and waters of Rock Creek, to the place where the road crosses the Iron MounI from thence along the extreme height of said mountain, to the place e Nolichucky River runs through the same; thence to the top of the Mountain; thence. along the extreme height of said mountain to the ted Rock, on French Broad River; thence along the highest ridge of said tain, to the place where it is called the Great Iron, or Smoky, Mountain; e along the extreme height of said mountain, to the place where it is d Unicoi, or Unaka, Mountain, between the Indian towns of Cowee and Chota; thence along the main ridge of the said mountain, to the southern dary of this State, as described in the Act of cession of North Carolina he United States of America; and that all the territory, lands, and waters I west of said line, as before mentioned, and contained within the char1 limits of the State of North Carolina, are within the boundaries and s of this State, over which the people have the right of exercising sovnty, and the right of soil, so far as is consistent with the Constitution he United States, recognizing the Articles of Confederation, the Bill of ts, and Constitution of North Carolina, the cession Act of the said State, the ordinance of Congress for the government of the territory, northwest he Ohio; Provided, nothing herein contained shall extend to affect the à or claims of individuals to any part of the soil which is recognized hem 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 other States. or otherwise, although such land and territory are not ded within the boundaries hereinbefore designated.

SEC. 32. That the erection of safe and comfortable prisons, the inspecof 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 party shall have been duly convicted, are forever ibited in this State.

SEC. 34. The General Assembly shall make no law recognizing the right roperty in man.

ARTICLE II.

DISTRIBUTION OF POWERS.

SECTION 1. The powers of the government shall be divided into three disdepartments: the Legislative, Executive, and Judicial.

SEC. 2. No person, or persons, belonging to one of these departments shall cise 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 GenAssembly, which shall consist of a Senate and House of Representatives, dependent on the people; who shall hold their offices for two years 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 sand eight hundred and seventy-one, and within every subsequent term of years.

SEC. 5. The number of Representatives shall, at the several periods of ing the enumeration, be apportioned among the several counties or diss, according to the number of qualified voters in each; and shall not ed 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, acling to the number of qualified voters in each, and shall not exceed one

third the number of representatives. In apportioning the Senators among different counties the fraction that may be lost by any county or counties. in the apportionment of members to the House of Representatives, shall made up to such county or counties in the Senate, as near as may be pra ticable. When a district is composed of two or more counties, they sh be adjoining; and no county shall be divided in forming a district.

SEC. 7. The first election for Senators and Representatives shall be le on the second Tuesday in November, one thousand eight hundred and seventy and forever thereafter, elections for members of the General Assembly sh be held once in two years, on the first Tuesday after the first Monday a November. Said elections shall terminate the same day.

SEC. S. The first session of the General Assembly shall commence on : first Monday in October, one thousand eight hundred and seventy-one. which time the term of service of the members shall commence, and ex on the first Tuesday of November, one thousand eight hundred and sever two, at which session the Governor elected on the second Tuesday in Nove ber, one thousand eight hundred and seventy, shall be inaugurated; forever thereafter, the General Assembly shall meet on the first Monday January next ensuing the election, at which session thereof the Gover shall be inaugurated.

SEC. 9. No person shall be a Representative unless he shall be a citas of the United States, of the age of twenty-one years, and shall have bee citizen of this State for three years, and a resident in the county he represe one year, immediately preceding the election.

SEC. 10. No person shall be a Senator unless he shall be a citize: the United States, of the age of thirty years, and shall have resided the years in this State, and one year in the county or district, immediately re ceding the election. No Senator or Representative shall, during the for which he was elected. be eligible to any office or place of trust, the pointment to which is vested in the Executive or the General Assembly, exse to the office of trustee of a literary institution.

SEC. 11. The Senate and House of Representatives, when asseula shall each choose a Speaker and its other officers, be judges of the qualificati. and election of its members, and sit upon its own adjournments from sa to day. Not less than two-thirds of all the members to which each hot shall be entitled shall constitute a quorum to do business; but a SITEL number may adjourn from day to day, and may be authorized by law compel the attendance of absent members.

SEC. 12. Each house may determine the rules of its proceedings, punish members for disorderly behavior, and, with the concurrence of two-thirs expel a member, but not a second time for the same offense; and shall b all other powers necessary for a branch of the Legislature of a free St.

SEC. 13. Senators and Representatives shall, in all cases, except treasal felony, or breach of the peace, be privileged from arrest during the sessi of the General Assembly, and in going to and returning from the sD and for any speech or debate in either house, they shall not be questionel any other place.

SEC. 14. Each house may punish, by imprisonment, during its sess any person not a member, who shall be guilty of disrespect to the house. any disorderly or any contemptuous behavior in its presence.

SEC. 15. When vacancies happen in either house, the Governor, for time being. shall issue writs of election to fill such vacancies.

SEC. 16. Neither house shall, during its session, adjourn without consent of the other for more than three days, nor to any other place th that in which the two houses shall be sitting.

SEC. 17. Bills may originate in either house; but may be amended, siter: or rejected by the other. No bill shall become a law which embraces Cthan one subject, that subject to be expressed in the title. All acts whi repeal, revive, or amend former laws shall recite in their caption, or be wise, the title or substance of the law repealed, revived, or amended.

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SEC. 18. Every bill shall be read once, on three different days, and be sed each time in the house where it originated, before transmission to the No bill shall become a law until it shall have been read and passed three different days in each house, and shall have received, on its final sage in each house, the assent of a majority of all the members to which t house shall be entitled under this Constitution; and shall have been ned by the respective Speakers in open session, the fact of such signing be noted on the journal; and shall have received the approval of the ernor, or shall have been otherwise passed under the provisions of this stitution.

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SEC. 19. After a bill has been rejected, no bill containing the same subce shall be passed into a law during the same session.

SEC. 20. The style of the laws of this State shall be, "Be it enacted by General Assembly of the State of Tennessee." No law of a general nature 11 take effect until forty days after its passage, unless the same or the tion shall state that the public welfare requires that it should take effect

her.

SEC. 21. Each house shall keep a journal of its proceedings, and publish except such parts as the welfare of the State may require to be kept et; the ayes and noes shall be taken in each house upon the final passage every bill of a general character, and bills making appropriations of public eys; and the ayes and noes of the members on any question shall, at the nest of any five of them, be entered on the journal.

SEC. 22. The doors of each house and of committees of the whole shall kept open, unless when the business shall be such as ought to be kept ret.

SEC. 23. The sum of four dollars per day, and four dollars for every nty-five miles traveling to and from the seat of government, shall be wed to the members of each General Assembly elected after the ratification this Constitution, as a compensation for their services. But no member

1 be paid for more than seventy-five days of a regular session, or for e than twenty days of any extra or called session, or for any day when ent from his seat in the legislature, unless physically unable to attend. senators, when sitting as a court of impeachment, shall each receive four ars per day of actual attendance.

SEC. 24. No money shall be drawn from the treasury but in consequence appropriations made by law; and an accurate statement of the receipts expenditures of the public money shall be attached to and published a the laws at the rise of each stated session of the General Assembly. SEC. 25. No person who heretofore hath been, or may hereafter be, a ctor or holder of public moneys, shall have a seat in either house of the eral Assembly, or hold any other office under the State Government, until a person shall have accounted for and paid into the treasury all sums for h he may be accountable or liable.

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SEC. 26. No judge of any court of law or equity, Secretary of State,
rney-general, register, clerk of any court of record, or person holding any
under the authority of the United States, shall have a
eral Assembly. nor shall any person in this State hold more than one
seat in the
ative office at the same time; Provided, that no appointment in the militia,
to the office of justice of the peace, shall be considered a lucrative office
operative as a disqualification to a seat in either house of the General
embly.

SEC. 27. Any member of either house of the General Assembly shall have
rty to dissent from and protest against any act or resolve which he may
k injurious to the public or to any individual, and to have the reasons for
dissent entered on the journals.

SEC. 28. All property, real, personal, or mixed, shall be taxed; but the islature may except such as may be held by the State, by counties, cities, towns, and used exclusively for public or corporation purposes, and such 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 sti manner as the Legislature shall direct, so that taxes shall be equal and un form throughout the State. No one species of property from which a tat 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 merchan's peddlers, and privileges in such manner as they may from time to ti direct. The portion of a merchant's capital used in the purchase of me? chandise sold by him to nonresidents, and sent beyond the State, shall be taxed at a rate higher than the ad valorem tax on property. The Legis ture shall have the power to levy a tax upon incomes derived from stos 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 exemp by law on account of age or other infirmity, shall be liable to a poll tax ! not less than fifty cents nor more than one dollar per annum; nor sh any county or corporation levy a poll tax exceeding the amount levied the State.

SEC. 29. The General Assembly shall have power to authorize the sever. counties and incorporated towns in this State to impose taxes for coty and corporation purposes respectively, in such manner as shall be prescriu by law; and all property shall be taxed according to its value, upon the p· ciples established in regard to State taxation.

But the credit of no county, city, or town shall be given or loaned or in aid of any person, company, association, or corporation, except m an election to be first held by the qualified voters of such county, city, town, and the assent of three-fourths of the votes cast at said election. Ne shall any county, city or town become a stockholder with others in any es pany, association, or corporation, except upon a like election and the ass of a like majority. But the counties of Grainger, Hawkins, Hancock, Unita Campbell, Scott, Morgan, Grundy, Sumner, Smith, Fentress, Van Buren, 1 the new county herein authorized to be established out of fractions of Sr ner, Macon, and Smith Counties, White, Putnam, Overton, Jackson, Cune" land, Anderson, Henderson, Wayne, Cocke, Coffee, Macon, Marshall, and Ro shall be excepted out of the provisions of this section, so far that the assez of a majority of the qualified voters of either of said counties voting on th question shall be sufficient, when the credit of such county is given or lotos to any person, association, or corporation; Provided, that the exception the counties above named shall not be in force beyond the year one thouS)" 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.

SEC. 30. No article manufactured of the produce of this State shall taxed otherwise than to pay inspection fees.

SEC. 31. The credit of this State shall not be hereafter loaned or gin. to or in aid of any person, association, company, corporation, or municipelity nor shall the State become the owner, in whole or in part, of any bank, or stockholder with others in any association, company, corporation, or m pality.

SEC. 32. No convention or General Assembly of this State shall act up any amendment of the Constitution of the United States, proposed by Cours 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 conter which, at the time of its application for the same, shall be in default in p ing the interest upon the State bonds previously loaned to it. or that sh hereafter, and before such application, sell or absolutely dispose of any Sta' bonds loaned to it for less than par.

ARTICLE III.

EXECUTIVE DEPARTMENT.

SECTION 1. The supreme executive power of this State shall be vested a Governor.

SEC. 2. The Governor shall be chosen by the electors of the members of e General Assembly, at the time and places where they shall respectively ote for the members thereof. The returns of every election for Governor all be sealed up and transmitted to the seat of government, by the returng officers, directed to the Speaker of the Senate, who shall open and publish em in the presence of a majority of the members of each house of. the eneral Assembly. The person having the highest number of votes shall be overnor; but if two or more shall be equal and highest in votes, one of em shall be chosen Governor by joint vote of both houses of the General ssembly. Contested elections for Governor shall be determined by both ouses of the General Assembly, in such manner as shall be prescribed by

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SEC. 3. He shall be at least thirty years of age, shall be a citizen of the nited States, and shall have been a citizen of this State seven years next efore his election

SEC. 4. The Governor shall hold his office for two years, and until his ecessor shall be elected and qualified. He shall not be eligible more than x years in any term of eight.

SEC. 5. He shall be commander in chief of the army and navy of this tate, and of the militia, except when they shall be called into the service f the United States; but the militia shall not be called into service except a case of rebellion or invasion, and then only when the General Assembly hall declare by law that the public safety requires it.

SEC. 6. He shall have power to grant reprieves and pardons, after conictions, except in cases of impeachment.

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 hall have been elected.

SEC. S. He may require information, in writing, from the officers in he executive department, upon any subject relating to the duties of their espective offices.

SEC. 9. He may, on extraordinary occasions, convene the General Assembly y proclamation, in which he shall state specifically the purposes for which hey are to convene; but they shall enter on no legislative business except hat for which they were specifically called together.

SEC. 10. He shall take care that the laws be faithfully executed. SEC. 11. He shall, from time to time, give to the General Assembly nformation of the state of the government, and recommend for their conideration such measures as he shall judge expedient.

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 on the Speaker of the House of Representatives.

SEC. 13. No member of Congress, or person holding any office under the I'nited States, or this State, shall execute the office of Governor.

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 the power to fill such vacancy by granting a temporary Commission, which shall expire at the end of the next session of the Legislature. 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 Seat of the State of Tennessee.

SEC. 16. All grants and commissions shall be in the name and by the

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