making appropriations of public moneys; and the ayes and noes of the members on any question shall, at the request of any two of them, be entered on the journal.

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

23. The sum of four dollars per day, and four dollars for every twenty-five miles traveling to and from the seat of government, shall be allowed to the members of the first General Assembly, as a compensation for their services. The compensation of the members of the succeeding legislature shall be ascertained by law; but no law increasing the compensation of the members shall take effect until the commencement of the next regular session after such law shall have been enacted.

24. No money shall be drawn from the treasury, but in consequence of appropriations made by law: and an accurate statement of the receipts and expenditures of the public money shall be attached to and published with the laws at the rise of each stated session of the General Assembly.

25. No person, who heretofore hath been, or may hereafter 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.

26. 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 the same time: Provided, that no appointment in the militia, or to the office of justice of the peace, shall be considered a lucrative office, or operate as a disqualification to a seat in either house of the General Assembly.

27. 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 to any individual, and to have the reasons for his dissent entered on the journals.

28. All lands liable to taxation, held by deed, grant, or entry, town lots, bank stock, slaves between the ages of twelve and fifty years, and such other property as the Legislature may from time to time deem expedient, shall be taxable. All property shall be taxed according to its value; that value to be ascertained in such manner as the Legislature shall direct, so that the same shall be equal and uniform throughout the State. No one species of property from which a tax may be collected shall be taxed higher than any other species of property of equal value. But the Legislature shall have power to tax merchants. pedlars, and privileges, in such manner as they may. from time to time, direct. A tax on white polls shall be

laid, in such manner and of such an amount, as may be prescribed by law.

29. The General Assembly shall have power to authorize the several counties and incorporated towns in this State, to impose taxes for county and corporation purposes respectively, in such manner as shall be prescribed by law; and all property shall be taxed according to its value, upon the principles established in regard to State taxation.

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

31. The General Assembly shall have no power to pass laws for the emancipation of slaves, without the consent of their owner or

owners.

ARTICLE III.

SEC. 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, 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 vote 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 years of age, shall be a citizen of the United States, and shall have been a citizen of this State seven years next before his election.

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

5. 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.

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

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 shall have been elected.

8. He may require information in writing, from the officers in the executive department, upon any subject relating to the duties of their respective offices.

9. He may, on extraordinary occasions, convene the General As

sembly by proclamation; and shall state to them, when assembled, the purposes for which they shall have been convened; but they shall enter on no legislative business, except that for which they were specially called together.

10. He shall take care that the laws be faithfully executed.

11. 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.

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.

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

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 Seal of the State of Tennessee.

16. 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.

17. A Secretary of State shall be appointed by joint vote of the General Assembly, 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 by law.

ARTICLE IV.

SEC. 1. Every free white man of the age of twenty-one years, being a citizen of the United States, and a citizen of the county wherein he may offer his vote six months next preceding the day of election, shall be entitled to vote for members of the General Assembly, and other civil officers, for the county or district in which he resides : provided, that no person shall be disqualified from voting in any clection on account of color, who is now, by the laws of this State, a competent witness in a court of justice against a white man. free men of color shall be exempt from military duty in time of peace, and also from paying a free poll tax.

All

2. Laws may be passed excluding from the right of suffrage, persons who may be convicted of infamous crimes.

3. Electors shall in all cases, except treason, felony or breach of the peace, be privileged from arrest or summons during their attendance at elections, and in going to and returning from them.

4. In all elections to be made by the General Assembly, the members thereof shall vote viva voce; and their votes shall be entered on the journal. All other elections shall be by ballot.

ARTICLE V.

SEC. 1. The House of Representatives shall have the sole power of impeachment.

2. All impeachments shall be tried by the Senate; when sitting for that purpose, the senators shall be upon oath or affirmation: No person shall be convicted without the concurrence of two-thirds of the senators sworn to try the officer impeached.

3. The House of Representatives shall elect, from their own body, three members, whose duty it shall be to prosecute impeachments. No impeachment shall be tried until the Legislature shall have adjourned sine die, when the Senate shall proceed to try such impeachment.

4. The Governor, judges of the Supreme Court, judges of inferior courts, chancellors, attorneys for the State, and Secretary of State, shall be liable to impeachment, whenever they may, in the opinion of the House of Representatives, commit any crime in their official capacity, which may require disqualification; but judgment shall only extend to removal from office, and disqualification to fill any office thereafter. The party shall, nevertheless, be liable to indictment, trial, judgment, and punishment, according to law.

5. Justices of the peace, and other civil officers, not herein before mentioned, for crimes or misdemeanors in office, shall be liable to indictment in such courts as the Legislature may direct; and upon conviction, shall be removed from office, by said court, as if found guilty on impeachment; and shall be subject to such other punishment as may be prescribed by law.

ARTICLE VI.

SEC. 1. The judicial power of this State shall be vested in one Supreme Court, in such inferior courts as the Legislature shall from time to time ordain and establish, and the judges thereof, and in justices of the peace. The Legislature may also vest such jurisdiction as may be deemed necessary in corporation courts.

2. The Supreme Court shall be composed of three judges, one of whom shall reside in each of the grand divisions of the State; the concurrence of two of said judges shall in every case be necessary to a decision. The jurisdiction of this Court shall be appellate only, un-der such restrictions and regulations as may from time to time be prescribed by law; but it may possess such other jurisdiction as is

now conferred by law on the present Supreme Court. Said courts shall be held at one place, and at one place only, in each of the three grand divisions in the State.

3. The General Assembly shall, by joint vote of both houses, appoint judges of the several courts of law and equity: but courts may be established to be holden by justices of the peace. Judges of the Supreme Court shall be thirty-five years of age, and shall be elected for the term of twelve years.

4. The judges of such inferior courts as the Legislature may establish, shall be thirty years of age, and shall be elected for the term of eight years.

5. The Legislature shall elect attorneys for the State, by joint vote of both houses of the General Assembly, who shall hold their offices for the term of six years. In all cases where an attorney for any district fails or refuses to attend, and prosecute according to law, the court shall have power to appoint an attorney pro tempore.

6. Judges and attorneys for the State, may be removed from office by a concurrent vote of both houses of the General Assembly, each house voting separately; but two-thirds of all the members elected to each house must concur in such vote: the vote shall be determined by ayes and noes, and the names of the members voting for or against the judge or attorney for the State, together with the cause or causes of removal, shall be entered on the journals of each house respectively. The judge or attorney for the State, against whom the Legislature may be about to proceed, shall receive notice thereof, accompanied with a copy of the causes alleged for his removal, at least ten days before the day on which either house of the General Assembly shall act thereupon.

7. The judges of the Supreme and inferior courts, shall, at stated times, receive a compensatien for their services, to be ascertained by law, which shall not be increased or diminished, during the time for which they are elected. They shall not be allowed any fees or perquisites of office, nor hold any other office of trust or profit under this State or the United States.

8. The jurisdiction of such inferior courts, as the Legislature may from time to time establish, shall be regulated by law.

9. Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law.

10. The judges or justices of such inferior courts of law as the Legislature may establish, shall have power, in all civil cases, to issue writs of certiorari to remove any cause or transcript thereof, from any inferior jurisdiction, into said court, on sufficient cause supported by oath or affirmation.

11. No judge of the Supreme or inferior courts, shall preside on the trial of any cause, in the event of which he may be interested, or where either of the parties shall be connected with him by affinity or consanguinity, within such degrees as may be prescribed by law, or in which he may have been of counsel, or in which he may