



                                  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.



