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two judges of the court of appeals, or district courts, and shall declare who are the persons thereby duly elected, and give them official notice of their election ; and if any persons shall be equal and highest on the poll, the said judges and secretary shall determine the election by lot.
6. This constitution, except so much thereof as is therein otherwise directed, shall not be in force until the first day of June, in the year eighteen hundred; on which day the whole thereof shall take full and complete effect. Done in convention, at Frankfort, the seventeenth day of
August, one thousand seven hundred and ninety-nine, and
ALEXANDER S. BULLIT, P. C.
Thomas Marshal, jr.
CONSTITUTION OF TENNESSEE.
The Constitution of the state of Tennessee, unanimously establish
ed in convention, at Knoxville, on the sixth day of February, one thousand seven hundred and ninety-six.
WE, the people of the territory of the United States south of the river Ohio, having the right of admission into the government, as a member state thereof, consistent with the constitution of the United States, and the act of cession of the state of North Carolina, recognizing the ordinance for the government of the territory of the United States north-west of the river Ohio, do ordain and establish the following constitution, or form of government; and do mutually agree with each other to form ourselves into a free and independent state, by the name of the state of Tennessee.
ARTICLE 1. $1. The legislative autliority of this state shall be vested in a general assembly, which shall consist of a senate and house of representatives, both dependant on the people.
2. Within three years after the first meeting of the general assembly, and within every subsequent term of seven years, an enumeration of the taxable inhabitants shall be made, in such a manner as shall be directed by law; the number of representatives shall, at the several periods of making such enumeration, be fixed by the legislature, apportioned among the several counties, according to the number of taxable inhabitants in each; and shall never be less than twenty-two nor greater than twenty-six, until the number of taxable inhabitants shall be forty thousand; and after that event, at such ratio that the whole number of representatives shall never exceed forty.
3. The number of senators shall, at the several periods of making the enumeration before mentioned, be fixed by the legislature, and apportioned among the districts formed as hereinafter directed, according to the number of taxable inhabitants in each, and shall never be less than one-third, nor more than one-half of the number of representatives.
4. The senators shall be chosen by districts, to be formed by the legislature, each district containing such a number of taxable inhabitants as shall be entitled to elect not more than three senators. When a district shall be composed of two or more counties, they shall be adjoining, and no county shall be divided in forming a district.
5. The first election for senators and representatives shall commence on the second Thursday of March next, and shall continue for that and the succeeding day; and the next election shall commence on the first Thursday of August, one thousand seven hundred and ninety-seven, and shall continue on that and the succeeding day; and forever thereafter, elections shall be held once in two years, commencing on the first Thurs. day in August, and terminating the succeeding day.
6. The first session of the general assembly shall commence on the last Monday of March next. The second on the third Monday of September, one thousand seven hundred and ninety-seven. And forever thereafter the general assembly shall meet on the third Monday of September next ensuing the then election, and at no other period, unless as provided for by this constitution.
7. That no person shall be eligible to a seat in the general assembly, unless he shall have resided three years in the state, and one year in the county immediately preceding the election, and shall possess, in his own right, in the county which he represents, not less than two hundred acres of land, and shall have attained to the age of twenty-one years.
8. The senate and house of representatives, when assem. bled, 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. Two-thirds of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized by law to compel the attendance of absent members.
9. Each house may determine the rules of its proceedings, punish its members for disorderly behaviour, and, with the concurrence of two-thirds, expel a member, but not a second time for the same offence, and shall have all other powers necessary for the legislature of a free state.
10. 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 and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place.
11. Each house may punish, by imprisonment during their session, any person, not a member, who shall be guilty of disrespect to the house, by any disorderly or contemptuous beha. viour in their presence.
12. When vacancies happen in either house, the governor for the time being shall issue writs of election to fill such vacancies.
13. Neither house shall, during their session, adjourn with. out consent of the other, for more than three days, nor to any other place than that in which the two houses shall be sitting.
14. Bills may originate in either house, but may be amended, altered, or rejected, by the other.
15. Every bill shall be read three times, on three different days, in each house, and be signed by the respective speakers, before it becomes a law.
16. After a bill has been rejected, no bill containing the same substance shall be passed into a law during the same session. - 17. The style of the laws of this state shall be, Be it enacted by the general assembly of the stale of Tennessee.
18. Each house shall keep a journal of its proceedings, and publish them, except such parts as the welfare of the state may require to be kept secret; and the yeas and nays of the members on any question shall, at the request of any two of them, be entered on the journals.
19. The doors of each house, and committees of the whole, shall be kept open, unless when the business shall be such as ought to be kept secrel.
20. The legislature of this state shall not allow the following officers of government greater annual salaries than as follows, until the year one thousand eight hundred and four, to wit:
The governor not more than seven hundred and fifty dollars.
The judges of the supreme courts not more than six hundred dollars each.
The secretary not more than four hundred dollars.
The treasurer or treasurers, not more than four per cent. for receiving and paying out all moneys.
The attorney or attorneys for the state shall receive a compensation for their services not exceeding fifty dollars for each superior court which he shall attend.
No member of the legislature shall receive more than one dollar and seventy-five cents per day, nor more for every twen. ty-five miles he shall travel in going to and returning from the general assembly.
21. No money shall be drawn from the treasury but in consequence of appropriations made by law.
22. No person who heretofore hath been, or hereafter may be, a collector or holder of the public moneys, shall have a seat in either house of the general assembly, until such person shall have accounted for and paid into the treasury all sums for which he may be accountable or liable.
23. 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 one and the same time: Provided, that no appointment in the mili, tia, or the office of justice of the peace, shall be considered as a lucrative office,
24. No member of the general assembly shall be eligible to any office or place of trust, except to the office of a justice of the peace, or irustee of any literary institution, where the power of appointment to such office or place of trust is vested in their own body,
25. 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 any individual, and have the reasons of his dissent entered on the journals.
26. 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.
27. No article manufactured of the produce of this state, shall be taxed otherwise than to pay inspection fees.
ARTICLE 2. $ 1. The supreme executive power of this state shall be vested in a governor,
2. The governor shall be chosen by the electors of the members of the general assembly, at the times and places where they shall respectively vote for the members thereof. The returns of every election for governor shall be sealed up and transmitted to the seat of government, by the returning officers, directeil 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 ballot 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. - 3. He shall be at least thirty-five years of age, and possess a freehold estate of five hundred acres of land, and have been a citizen or inhabitant of this state four years next before his election, unless he shall have been absent on the public business of the United States or of this state.
4. The first governor shall hold his office until the fourth Tuesday of September, one thousand seven hundred and ninetyseven, and until another governor shall be elected and qualified to office ; and forever after, the governor shall hold his office for the term of two years, and until another governor shall be