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-
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- CONSTITUTION
- OF THE
- STATE OF TENNESSEE
-
- ARTICLE I
-
-
- DECLARATION OF RIGHTS
-
-
- Sec. 1. That all power is inherent in the people, and all free gov-
- ernments 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 inde-
- feasible right to alter, reform, or abolish the government
- in such manner as they may think proper.
-
- Sec. 2. That government bring [probably should read "being"] insti-
- tuted for the common benefit, the doctrine of non-resistance
- against arbitrary power and oppression is absurd, slavish,
- and destructive of the good and happiness of mankind.
-
- Sec. 3. That all men have a natural and indefeasible right to wor-
- ship Almighty God according to the dictates of their own
- conscience; that no man can of right be compelled to attend,
- erect, or support any place of worship, or to maintain any
- minister 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 establishment or mode of worship.
-
- Sec. 4. That no political or religious test, other than an oath to
- support the Constitution of the United States and of this
- State, shall ever be required as a qualification to any
- office or public trust under this state.
-
-
- Sec. 5. That elections shall be free and equal, and the right of
- suffrage, as hereinafter declared, shall never be denied to
- any person entitled thereto, except upon a conviction by a
- jury of some infamous crime, previously ascertained and
- declared by law, and judgement thereon by court of competent
- jurisdiction.
-
- Sec. 6. That the right of trial by jury shall remain inviolate, and
- no religious or political test shall ever be required as a
- qualification for jurors.
-
- Sec. 7. 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 act committed, to seize any person or persons not named,
- whose offenses are not particularly described and supported
- by evidence, are dangerous to liberty and ought not to be
- granted.
-
- Sec. 8. That no 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 judgement of his peers or
- the law of the land.
-
- Sec. 9. That in all criminal prosecutions, the accused hath the
- 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 of presentment, a speedy pub-
- lic trial, by an impartial jury of the County in which the
- crime shall have been committed, and shall not be compelled
- to give evidence against himself.
-
- Sec. 10. That no person shall, for the same offense, be twice put in
- jeopardy of life or limb.
-
- Sec. 11. That laws made for the punishment of acts committed previous
- to the existence of such laws, and by them only declared
- criminal, are contrary to the principles of a free Govern-
- ment, wherefore no Ex post facto law shall be made.
-
- Sec. 12. That no conviction shall work corruption of blood or for-
- feiture of estate. The estate of such persons as shall
- destroy their own lives shall descend of [probably should
- read "or"] vest as in case of natural death. If any person
- be killed by casualty, there shall be no forfeiture in
- consequence thereof.
-
- Sec. 13. That no person arrested and confined in jail shall be
- treated with unnecessary rigor.
-
- Sec. 14. That no person shall be put to answer any criminal charge
- but by presentment, indictment or impeachment.
-
- Sec. 15. That all prisoners shall be bailable by sufficient sureties,
- unless for capital offenses, 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 General Assembly shall declare
- the public safety requires it.
-
- Sec. 16. That excessive bail shall not be required, nor excessive
- fines imposed, nor cruel and unusual punishment inflicted.
-
- Sec. 17. 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.
-
- Sec. 18. The legislature shall pass no law authorizing imprisonment
- for debt in civil cases.
-
- Sec. 19. That the printing presses shall be free to every person to
- examine the proceedings of the legislature; or of any branch
- or officer of the 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, and print on
- any subject, being responsible for the abuse of that liber-
- ty. But in prosecutions for the publication of papers inves-
- tigating the official conduct of officers, or men in public
- capacity, the truth thereof may be given in evidence; and in
- all indictments for libel, the jury shall have a right to
- determine the law and the facts, under the direction of the
- court, as in other criminal cases.
-
- Sec. 20. That no retrospective law, or law impairing the obligation
- of contracts, shall be made.
-
- Sec. 21. That no man's particular services shall be demanded, or
- property taken, or applied to public use, without the con-
- sent of his representatives, or without just compensation
- being made therefor.
-
- Sec. 22. That perpetuities and monopolies are contrary to the genius
- of a free State, and shall not be altered.
-
- Sec. 23. 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
- purposes, by address or remonstrance.
-
- Sec. 24. 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 kept in
- strict subordination to the civil authority.
-
-
- Sec. 25. That no citizen of this state, except such as are employed
- in the army of the United States, or militia in actual ser-
- vices, shall be subjected to punishment under the martial or
- military law. That martial law, in the sense of the unre-
- stricted power of military officers, or others, to dispose
- of the person, liberties, or property of the citizen, is
- inconsistent with the principles of free government, and is
- not confided to any department of the government of this
- State.
-
- Sec. 26. That the citizens of this State have a right to keep and to
- bear arms for the common defense; but the legislature shall
- have power, by law, to regulate the wearing of arms with a
- view to prevent crime.
-
- Sec. 27. That no soldier shall, in time of peace, be quartered in any
- house without the consent of the owner; nor in time of war,
- but in a manner prescribed by law.
-
- Sec. 28. That no citizen of this State shall be compelled to bear
- arms, provided he will pay an equivalent, to be ascertained
- by law.
-
- Sec. 29. That an equal participation in the free navigation of the
- Mississippi, is one of the inherent rights of the citizen of
- this State; it cannot, therefore, be conceded to any prince,
- potentate, power, person or persons whatever.
-
- Sec. 30 That no hereditary emoluments, privileges, or honors, shall
- ever be granted or conferred in this State.
-
- Sec. 31. [Deals with the boundaries of the State.]
-
- Sec. 32. That the erection of safe and comfortable prisons, the in-
- spection of prisons, and the humane treatment of prisoners,
- shall be provided for.
-
- Sec. 33. That slavery and involuntary servitude, except as punishment
- for crime, whereof the party shall have been duly convicted,
- are forever prohibited in this State.
-
- Sec. 34. The General Assembly shall make no law recognizing the right
- of property in man.
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