We 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 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 Northwest 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 1st
Section 1st. The Legislative Authority of this State shall be vested in
a General Assembly, which shall consist of a Senate and House of
Representatives, both dependent on the People.
Sect. 2nd. 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 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, and
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.
Sect. 3nd. 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 herein after 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.
Sect. 4th 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.
Sect. 5th 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 after
elections shall be held once in two years, commencing on the first
Thursday in August and terminating the succeeding day.
Sect. 6th 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
after, 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.
Sect. 7th 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
year.
Sect. 8th The Senate and House of Representatives when assembled, shall
each choose a Speaker and other its 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.
Sect. 9th Each House may determine the rules of its Proceedings punish
its members for disorderly behavior, 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.
Sect. 10th 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.
Sect. 11th 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 behavior in their presence.
Sect. 12th When Vacancies happen in either
House, the Governor for the time being, shall issue Writs of election to
fill such Vacancies.
Sect. 13th Neither House shall during their Session adjourn without
consent of the other, for more than three days, nor to any other place
than that in which the two Houses shall be sitting.
Sect. 14th Bills may originate in either House, but may be amended,
altered or rejected by the other.
Sect. 15th 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.
Sect. 16th After a Bill has been rejected no Bill containing the same
Substance, shall be passed into a Law, during the same Session.
Sect. 17th The Style of the Laws of this State shall be: Be it enacted
by the General Assembly of the State of Tennessee.
Sect. 18th 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.
Sect. 19th 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
Secret.
Sect. 20th 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
Superior 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 twenty five
miles he shall travel in going to and returning from the General
Assembly.
Section 21st No money shall be drawn from the Treasury, but in
consequence of appropriations made by law.
Section 22nd No person who
heretofore hath been, or hereafter may be a Collector or holder of
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.
Sect. 23rd 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 Militia, or to the office of a Justice of the peace, shall be
considered a Lucrative Office.
Sect. 24th 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 Trustee of any Literary Institution where the power of
appointment to such office or place of trust, is vested in their own
body.
Sect. 25th 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.
Sect. 26th 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
[i.e. free man] shall be taxed higher than one hundred acres, and no
slave higher than two hundred Acres on each pole.
Sect. 27th No article
manufactured of the produce of this State shall be taxed otherwise than
to pay inspection fees.
Article 2
Sect. 1st The Supreme executive power of this State Shall be vested in a
Governor.
Sect. 2nd 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, directed 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 Houses of the
General Assembly in such manner as shall be prescribed by Law.
Sect. 3d He shall be at least twenty 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.
Sect. 4 The first Governor shall hold his office until
the fourth Tuesday of September one thousand Seven hundred and ninety
Seven, 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 an other [i.e. another] Governor shall be
elected and qualified, but shall not be eligible more than six years in
any term of eight.
Sect. 5th He shall be Commander in Chief of the Army
and Navy of this State and of the Militia, except when they shall be
called into the Service of the United States.
Sect. 6th He shall have power to grant reprieves and pardons after
conviction except in cases of impeachment.
Section 7th He shall at
stated times receive a compensation for his Services which shall not be
increased or diminished during the period for which he shall have been
elected.
Sect. 8th He may require information in writing from the
Officers in the executive Department upon any subject relating to the
duties of their respective offices.
Sect. 9th He may on extraordinary
occasions convene the General Assembly by Proclamation and shall state
to them when assembled the purpose for which they shall have been
convened.
Sect. 10th He shall take care that the Laws shall be
faithfully executed.
Sect. 11th He shall from time to time give to the
General Assembly information of the State of the Government and
recommend to their
consideration such measures as he shall judge expedient.
Sect. 12th In
case of his death, resignation or removal from office, the Speaker of
the Senate shall exercise the office of Governor until another Governor
shall be duly qualified.
Sect. 13th No member of Congress or person
holding any office under the United States or this State shall execute
the office of Governor.
ect. 14th When any officer the right of whose
appointment is by this Constitution Vested in the General Assembly shall
during the recess die or his office by other means become vacant, the
Governor shall have power to fill up such vacancy by granting a
temporary Commission which shall expire at the end of the next Session
of the Legislature.
Sect. 15th 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 Seal of the State of Tennessee.
Sect. 16th All Grants and Commissions shall be in the name and by the
authority of the State of Tennessee, be sealed with the State Seal and
signed by the Governor. Sect. 17th A Secretary of this State shall be
appointed and Commissioned during the term of four years. He shall Keep
a fair Register of all the Official acts and proceedings of the Governor
and shall when required lay the same and all Papers, minutes and
vouchers relative thereto before the General Assembly and Shall perform
such other duties as shall be enjoined him by law.
Article 3d
Sect. 1st Every freeman of the age of twenty one years
and upwards possessing a freehold in the County wherein he may vote and
being an inhabitant of this State, and every freeman
being an inhabitant of any one County in the State six months
immediately preceding the day of election shall be
entitled to vote for members of the General Assembly for the County in
which he shall reside.
Sect. 2 Electors shall in all cases except treason, felony or breach of
the peace be privileged from arrest during their attendance at Elections
and in going to and returning from them.
Sect. 3 All Elections shall be
by ballot.
Article 4th
Sect. 1st The house of Representatives shall have the sole power of
impeachment.
ect. 2d All impeachments shall be tried by the Senate.
When sitting for that purpose the Senators shall be upon oath or
affirmation.
Sect. 3d No person shall be convicted, without the
concurrence of two thirds of the members of the whole House. Sect. 4th
The Governor and all civil officers under this State shall be liable to
impeachment for any misdemeanor in office; but judgment in such cases
shall not extend further than to removal from office, and
disqualification to hold any office of Honor, trust or profit under this
State.
The party shall nevertheless in all cases be liable to Indictment,
trial, Judgment and punishment according to law.
Article 5th
Sect. 1st The judicial power of the State shall be vested in such
Superior and inferior Courts of Law and equity, as the Legislature shall
from time to time direct and establish.
Sect. 2d The General Assembly
shall by joint ballot of both Houses appoint Judges of the several
Courts of Law & equity, also an attorney or Attorneys for the State who
shall hold their respective offices during good behavior.
Sect. 3d The
Judges of the Superior Court shall at stated times receive a
compensation for their Services to be ascertained by Law but shall not
be allowed any fees or perquisites of office nor shall they hold any
other office of trust or profit under this State or the United States.
Sect. 4th The Judges of the Superior Courts shall be Justices of Oyer
and terminer and general Jail delivery throughout the State. Sect.
5th
The Judges of the Superior and inferior Courts shall not charge Juries
with respect to matters of fact, but may State the testimony and declare
the Law.
Sect. 6th The Judges of the Superior Courts shall have power in
all civil cases, to issue writs of Certiorari to remove any cause or a
transcript thereof from any inferior Court of Record into the Superior
on sufficient Cause supported by oath or affirmation.
Sect. 7th The
Judges or Justices of the inferior Courts of law shall have power in all
civil cases to issue writs of Certiorari to remove any cause or a
transcript thereof from any inferior Jurisdiction into their Court on
sufficient Cause supported by oath or affirmation. Sect. 8th No Judge
shall sit on the trial
of any cause, where the parties shall be connected with him by affinity
or consanguinity except by consent of parties. In case all the Judges of
the Superior Court shall be interested in the Event of any Cause, or
related to all or either of the parties the Governor of the State shall
in such case, Specially Commission three men of Law Knowledge for the
determination thereof.
Sect. 9th All writs and other process, shall run
in the name of the State of Tennessee and bear Teste and be signed by
the respective Clerks. Indictments shall conclude, against the peace and
dignity of the State.
Sect. 10th Each Court shall appoint its own Clerk
who may hold his office during good behavior.
Sect. 11th 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 ought to be more
than fifty Dollars.
Sect. 12th There shall be Justices of the Peace
appointed for each County, not exceeding two for each Captains [i.e.
Captain’s] Company, except for the Company which includes the County
Town which shall not exceed three, who shall hold their offices during
good behavior.
Article 6th
Sect. 1st There shall be appointed in each County by the County Court,
one Sheriff, one Coroner, one Trustee and a Sufficient number of
Constables who shall hold their offices for two years. They shall also
have power to appoint one Register and Ranger for the County who shall
hold their offices during good behavior. The Sheriff and Coroner shall
be Commissioned by the Governor.
Sect. 2d There shall be a Treasurer or
Treasurers appointed for the State who shall hold his or their office
for two years.
Sect. 3d The appointment of all Officers not otherwise directed by this
Constitution shall be vested in the Legislature.
Article 7th
Sect. 1st Captains Subalterns and non Commissioned Officers shall be
elected by those Citizens, in their respective Districts, who are
subject to military duty.
Sect. 2d All Field officers of the Militia
shall be elected by those Citizens in their respective Counties who are
Subject to military duty.
Sect. 3d Brigadiers General shall be elected
by the field officers of the respective Brigades. Sect. 4th Majors
General shall be elected by the Brigadiers and field Officers of the
respective divisions.
Sect. 5th The Governor shall appoint the adjutant
General: the Majors General
shall appoint their Aids; the Brigadiers General shall appoint their
Brigade Majors, and the Commanding Officers of Regiments their Adjutants
and Quarter Masters [i.e. Quartermasters].
Sect. 6th The Captains &
Subalterns of the Cavalry shall be appointed by the Troops enrolled in
their respective Companies and the field Officers of the District shall
be appointed by the said Captains and Subalterns, provided, that
whenever any new County is laid off, that the Field officers of the said
Cavalry shall appoint the Captain and other Officers therein pro tempore
until the Company is filled up and completed, at which time the election
of the Captains and Subalterns shall take place as aforesaid.
Sect. 7th
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 the bearing of arms from attending private & general Musters.
Article 8th
Sect. 1st Whereas the ministers of the Gospel are by their professions,
dedicated to God and the case 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.
Sect. 2d No person who denies the being
of God or a future State of rewards and punishments shall hold any
office in the civil Department of this State.
Article 9th
Sect. 1st That every person who shall be chosen or appointed to any
office of trust or profit, shall before entering on the execution
thereof, take an oath to support the Constitution of this State and also
an Oath of Office.
Sect. 2d That each member of the Senate and House of Representatives,
shall before they proceed to business take an oath or affirmation to
support the Constitution of this State, and also the following oath: I.
A.B. 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.
Sect. 3d 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 or bestow any such reward to
beelected, shall thereby be rendered incapable, for two years, to serve in
the office for which he was elected and be subject to such further
punishment as the Legislature shall direct.
Sect. 4th No new County
shall be established by the General Assembly, which shall reduce the
County or Counties or either of them, from which it shall be taken to a
less content, than Six hundred & twenty five square Miles. Nor shall any
new County be laid off of less contents. All new Counties as to the
right of suffrage and representation, shall be considered as a part of
the County or Counties from which it was taken, until entitled by
numbers to the right of representation. No Bill shall be passed into a
Law for the establishment of a new County except upon a petition to the
General Assembly for that purpose Signed by two hundred of the free Male
Inhabitants within the limits or bounds of such new County prayed to be
laid off.
Article 10th
Sect. 1st Knoxville shall be the Seat of Government until the year One
thousand Eight hundred and two.
Sect. 2d All Laws and Ordinances now in
force and use in this Territory not inconsistent with this Constitution
shall continue to be in force and use in this State, until they shall
expire, be altered or repealed by the Legislature.
Sect. 3d That
whenever two thirds of the General Assembly shall think it necessary to
amend or change this Constitution they shall recommend to the Electors
at the next election for members to the General Assembly to vote for or
against a Convention and if it shall appear that a majority of all the
Citizens of the State, voting for Representatives have voted for a
Convention, the General Assembly shall, at their next Session, call a
Convention to consist of as many members as there be in the General
Assembly to be
chosen in the same manner, at the same places and by the same Electors,
that chose the General Assembly, who shall meet within three months
after the said election, for the purpose of revising, amending or
changing the Constitution.
Sect. 4th The Declaration of Rights hereto
annexed is declared to be a part of the Constitution of this State and
Shall never be violated on any pretense whatever. And to Guard against
transgressions of the high Powers which we have delegated, we declare
that everything in the Bill of Rights contained and every other right
not hereby delegated is excepted out of the General Powers of Government
and shall for ever [i.e. forever] remain inviolate.
Article 11th Declaration of
Rights
1st That all power is inherent in the People and all free Governments
are founded on their authority and instituted for their peace, safety
and happiness: for the advancement of those ends they have at all times
an unalienable and indefeasible right to alter, reform, or abolish the
Government in such manner as they may think proper.
Sect. 2d That
Government being instituted for the common benefit, the doctrine of non
resistance against arbitrary Power and oppression is absurd, slavish and
destructive to the good and happiness of mankind.
Sect. 3d That all men
have a natural and indefeasible right to worship Almighty God according
to the dictates of their own consciences,
that no man can of right be compelled to attend, erect or support any
place of worship or to maintain any ministry against his consent, that
no human authority can in any case whatever control or interfere with
the rights of conscience; and that no preference shall ever be given by
Law to any religious Establishments or modes of worship.
Sect. 4th That
no religious test shall ever be required as a qualification to any
Office or public trust under this State.
Sect. 5th That Elections shall
be free and equal. Sect. 6th That the Right of trial by Jury shall
remain inviolate.
Sect. 7th That the people shall be secure in their
persons, Houses, papers and possessions from unreasonable Searches and
Seizures, and that General Warrants, whereby an officer may be commanded
to search suspected places without evidence of the Fact committed, or to
seize any person or persons
not named, whose offences are not particularly described and supported
by evidence are dangerous to liberty and ought not to be granted. Sect.
8th That no free man shall be taken or imprisoned, or disseized of his
freehold, liberties or privileges or outlawed or exiled, or in any
manner, destroyed or deprived of his life, liberty or property, but by
the Judgment of his Peers or the Law of the Land.
Sect. 9th That in all
criminal prosecutions the accused hath a right to be heard by himself
and his Counsel, to demand the nature and cause of the accusation
against him and to have a Copy thereof: to meet the Witnesses face to
face; to have compulsory process for obtaining witnesses in his favor;
and in prosecutions by Indictment or presentment, a Speedy public trial
by an impartial Jury of the County or District in which the crime shall
have been committed, and shall not be compelled to give evidence against
himself.
Sect. 10th That no person shall for the same offence, be twice
put in Jeopardy of Life or Limb.
Sect. 11th That laws made for the punishment of facts committed previous
to the existence of such Laws and by them only declared criminal are
contrary to the principles of a free Government, wherefore no Ex post
facto law shall be made.
Sect. 12th That no conviction shall work
corruption of blood or forfeiture of estate. The Estate of such persons
as shall destroy their own lives, shall descend or vest as in case of
natural death. If any person be Killed by Casualty there shall be no
forfeiture in consequence thereof.
Sect. 13th That no person arrested or
confined in Goal [i.e. Jail] shall be treated with unnecessary rigor.
Sect. 14th That no freeman shall be put to answer any
Criminal charge but by presentment, Indictment or Impeachment.
Sect.
15th That all prisoners shall be bail able by sufficient Sureties, unless
for Capital offences when the proof is evident or the presumption great,
and the privilege of the writ
of Habeas Corpus shall not be suspended unless when in case of rebellion
or invasion the public Safety may require it.
Sect. 16th That excessive
Bail shall not be required, nor excessive fines imposed, nor cruel and
unusual punishments inflicted.
Sect. 17th That all Courts shall be open
and every man, for an injury done him in his Lands, Goods, person or
reputation shall have remedy by due course of Law and right and Justice
administered without Sale, denial or delay. Suits may be brought against
the State in such manner, and in such Courts as the Legislature may by
law direct, provided the right of bringing Suit be limited to the
Citizens of this State.
Sect. 18th That the person of a Debtor, where
there is not strong presumption of fraud shall not be continued in
prison after delivering up his Estate for the benefit of his Creditor or
Creditors, in such manner as shall be prescribed by Law.
Sect. 19th That the printing Presses shall be free to every person who
undertakes to examine the proceedings of the Legislature, or of any
branch or officer of Government: and no law shall ever be made to
restrain the right thereof. The free Communication of thoughts and
opinions is one of the invaluable Rights of man; and every Citizen may
freely speak, write & print on any subject, being responsible for the
abuse of that liberty; but in prosecutions for the publication of Papers
investigating the official Conduct of Officers or men in public
Capacity, the truth thereof may be given in evidence; and in all
Indictments for Libels, the Jury shall have a right to determine the law
and the facts, under the direction of the Court as in other Cases.
Sect.
20th That no retrospective law or law impairing the obligation of
Contracts shall be made. Sect. 21st That no mans [i.e. man’s] particular
Services shall be demanded or property taken or applied to public use,
without the Consent of his Representatives or without Just compensation
being made therefor.
Sect. 22d That the Citizens have a right in a
peaceable manner to assemble together for their common Good to instruct
their Representatives, and to apply to those invested with the powers of
Government for redress of grievances or other proper purposes by address
or remonstrance.
Sect. 23d That perpetuities & monopolies are contrary
to the Genius of a free State and shall not be allowed.
Sect. 24th That
the sure and certain defense of a free people is a well
regulated Militia and as standing Armies in time of peace are dangerous
to freedom, they ought to be avoided, as far as the circumstances and
safety of the Community will admit: and that in all cases the military
shall be in strict Subordination to the civil authority.
Sect. 25th That
no Citizen in this State except such as are employed in the Army of the
United States or militia in actual service, shall be subject to Corporal
punishment under the martial Law.
Sect. 26th That the freemen of this State have a right
to Keep and to bear Arms for their common defense.
Sect.
27th That no Soldier shall in time of peace be quartered in any House
without consent of the owner, nor in time of war but in a manner
prescribed by Law.
Sect. 28th That no Citizen of this State shall be
compelled to bear Arms, provided he will pay an equivalent to be
ascertained by Law.
Sect. 29th That an equal participation of the free
navigation of the Mississippi is one of the Inherent rights of the
Citizens of this State; it cannot therefore, be conceded to any Prince,
Potentate, Power, person or Persons whatever.
Sect. 30th That no
hereditary Emoluments privileges or honors shall ever be granted or
conferred in this
State. Sect. 31st That the people residing South of French Broad and Holston between the Rivers Tennessee and the Big Pigeon
are
entitled to the Right of preemption and occupancy of that Tract.
Sect.
32nd That the limits and boundaries of this State be ascertained, it is
declared they are as hereafter mentioned, that is to say: beginning on
the extreme height of the Stone Mountain at the place where the line of
Virginia intersects it, in latitude thirty six degrees and thirty
minutes North. running thence along the extreme height of the said
Mountain to the place where Watauga River breaks through it; thence a
direct Course to the top of the yellow Mountain where Bright's road crosses the same; thence along the ridge of said mountain
between the waters of Doe River and the waters of Rock Creek to the
place where the road crosses the Iron Mountain: from thence along the
extreme height of said Mountain to where Nolichucky River runs through
the same; thence to the top of the Bald Mountain; thence along the
extreme Height of said Mountain to the painted Rock on French Broad
River; thence along the
highest ridge of said Mountain, to the place where it is called great
Iron or Smoky Mountain; thence along the extreme height of said Mountain
to the place where it is called Unicoi or Unaka Mountain, between the
Indian Towns of Cowee and old Chota; thence along the main ridge of the
said Mountain to the Southern boundary of this State, as described in
the act of Cession of North Carolina to the United States of America;
and that all the Territory Lands and waters lying west of the said line,
as before mentioned and contained within the chartered limits of this
State of North Carolina are within the boundaries & limits of this
State, over which the people have the right of exercising Sovereignty
and right of Soil so far as is consistent with the Constitution of the
United States, recognizing the articles of Confederation the Bill of
Rights and Constitution of North Carolina the Cession Act of the Said
State and the Ordinance of the late
Congress for the Government of the Territory North West of the Ohio,
provided nothing herein contained shall extend to affect, the claim or
claims of Individuals, to any part of the Soil which is recognized to
them by the aforesaid Cession Act.
Schedule
Sect. 1st That no inconvenience may arise from a change of the Temporary
to a permanent State Government, it is declared that all rights actions,
prosecutions, claims and Contracts as well of individuals as of Bodies
corporate shall continue, as if no change had taken place in the
Administration of Government.
Sect. 2d All Fines penalties and
forfeitures due and owing to the Territory of the United States of
America South of the River Ohio, shall enure to the use of the State.
All Bonds for performance executed to the Governor of the said Territory
shall be and pass over to the Governor of this State and
his Successors in Office for the use of the State, or by him or them
respectively to be assigned over to the use of those concerned as the
Case may be. Sect. 3d The Governor Secretary, Judges and Brigadiers
general have a right by virtue of their appointments under the authority
of the United States, to continue in the exercise of the duties of their
respective offices, in their Several Departments, until the said
Officers are superseded under the authority of this Constitution.
Sect.
4th All Officers, civil & military who have been appointed by the
Governor, shall continue to exercise their respective offices until the
second Monday in June and until Successors in office shall be appointed
under the authority of this Constitution and duly qualified.
Sect. 5th
The Governor shall make use of his private Seal until a State Seal Shall
be procured.
Sect. 6th Until the first enumeration shall be made as directed in the
second Section of the first article of this Constitution, the Several
Counties shall be respectively entitled to elect one Senator and two
Representatives, provided that no new County shall be entitled to
separate representation previous to taking the Enumeration.
Sect. 7th
That the next Election for Representatives and other Officers to be held
for the County of Tennessee shall be held at the House of William Miles.
Sect. 8th Until a Land office shall be opened so as to enable the
Citizens South of French Broad and Holston between the Rivers Tennessee
and Big Pigeon to obtain titles upon their claims of occupancy and
preemption, those who hold Land by virtue of such Claims, shall be
eligible
to serve in all capacities where a free Hold is by this Constitution
made a requisite qualification.
Done in Convention, at Knoxville by unanimous consent, on the sixth day
of February in the year of our Lord One thousand Seven Hundred and
Ninety six and of the Independence of the United States of America the
twentieth. In testimony whereof we have hereunto subscribed our names.
William Blount, President
Blount County { Hawkins County {
David Craig James Berry
James Greenaway Joseph M'Minn
Jos Black Thomas Henderson
James Houston Wm Cocke
Samuel Glass Rich. Mitchell Davidson County { Jefferson County {
John M’Nairy A. Outlaw
Andrew Jackson Jos. Anderson
Jas Robertson Geo Doherty
Thomas Hardiman Jas [James] Roddye
Joel Lewis Archibald Roane Greene County { Knox County {
Samuel Frazier James White
Stephen Brooks Chals[Charles] Mc Clung
William Rankin John Crawford
Elisha Baker John Adair
John Galbreath.
Sullivan County { Tennessee County {
George Rutledge Thos Johnston
William Charles Cole Claiborne James Ford
Richd Gammon Wm Fort
John Shelby[,] Jr[.] Wm Prince
John Rhea Robt Prince Sumner County { Washington County {
D. [David] Shelby John Tipton
Isaac Walton Samuel Handly
W. Douglass Leeroy Taylor
Edward Douglass Landon Carter
Dan Smith. James Stuart Sevier County {
Peter Bryan
Sam [Samuel] Wier
Spencer Clack
John Clack
Thomas Buckinham Attest William Maclin[,] Secretary
|