to be a part of the conftitution of this commonwealth; and ought not to be violated, on any pretence whatsoever.

SECT. 43. In order that the freedom of this commonwealth may be preferved inviolate forever, there fhall be chofen, by ballot, by the freemen of this ftate, on the last Wednesday in March, in the year one thousand feven hundred and ninety. nine, and on the last Wednesday in March in every feven years thereafter, thirteen perfons, who fhall be chofen in the fame manner the Council is chofen, except they shall not be out of the Council or General Affembly, to be called the Council of Cenfors; who fhall meet together on the first Wednesday in June next enfuing their election, the majority of whom fhall be a quorum in every cafe, except as to calling a convention, in which two-thirds of the whole number elected fhall agree: and whofe duty it fhall be to enquire, whether the conftitution has been preferved inviolate in every part, during the laft feptenary, (including the year of their fervice); and whether the legislative and executive branches of government have performed their duty, as guardians of the people, or affumed to themfelves, or exercifed, other or greater powers than they are entitled to by the conftitution.-They are alfo to enquire, whether the public taxes have been jufly laid and collected in all parts of this commonwealth-in what manner the public monies have been difpofed of-and whether the laws have been duly executed.-For these purpofes they shall have power to fend for perfons, papers, and records they fhall have authority to pafs public cenfures, to order impeachments, and to recommend to the Legiflature the repealing fuch laws as fhall appear to them to have been paffed contrary to the principles of the conftitution: Thefe powers they fhall continue to have for and during the space of one year from the day of their election, and no longer. The faid Council of Cenfors fhall alfo have power to call a convention, to meet within two years after their fitting, if there appears to them an abfolute neceffity of amending any article of this conftitution, which may be defective-explaining fuch as may be thought not clearly expreffed-and of adding fuch as are neceffary for the prefervation of the rights and happiness of the people; but the articles to be amended, and the amendments propofed, and fuch articles as are propofed to

be added or abolished, shall be promulgated at least fix months before the day appointed for the election of fuch convention, for the previous confideration of the people, that they may have an opportunity of inftructing their Delegates on the fubject.

By order of Convention, July 9th, 1793

Atteft,

THOMAS CHITTENDEN, Prefident. LEWIS R. MORRIS, Secretary.

The CONSTITUTION of the State of Tenneffee, unanimously eftablished in Convention, at Knoxville, on the fixth day of February, one thousand ferven hundred and ninety-fix.

WE, of hohio, having the right of admif

E, the people of the territory of the United States,

fion into the general government as a member state thereof, confiftent with the conftitution of the United States, and the act of ceffion of the ftate of North-Carolina, recognizing the ordinance for the government of the territory of the United States north-weft of the river Ohio, do ordain and establish the following conftitution, or form of government and do mutually agree with each other to form ourselves into a free and independent ftate, by the name of THE STATE OF TENNESSEE..

ARTICLE I.

SECTION I. THE legislative authority of this ftate, fhall be vested in a General Affembly, which fhall confist of a Senate and House of Reprefentatives, both dependent on the people.

II. Within three years after the first meeting of the General Affembly, and within every fubfequent term of feven years, an enumeration of the taxable inhabitants fhall be made in fuch manner as fhall be directed by law; the number of Reprefentatives fhall, at the feveral periods of making fuch enumeration, be fixed by the Legislature, and apportioned among the feveral counties, according to the number of taxa

ble inhabitants in each; and fhall never be less than twentytwo, nor greater than twenty-fix, until the number of taxable inhabitants fhall be forty thousand; and after that event, at fuch ratio that the whole number of Reprefentatives fhall never exceed forty.

III. The number of Senators fhall, at the feveral 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 fhall never be less than one-third; nor more than one-half of the number of Representatives.

IV. The Senators fhall be chosen by districts, to be formed by the Legislature, each diftrict containing fuch a number of taxable inhabitants, as fhall be entitled to elect not more than three Senators. When a district shall be composed of two or more counties, they fhall be adjoining, and no county shall be divided in forming a district.

V. The first election for Senators and Reprefentatives, fhall commence on the second Thursday of March next, and shall continue for that, and the fucceeding day: and the next election fhall commence on the firft Thursday of Auguft, one thousand feven hundred and ninety-feven, and fhall continue on that and the fucceeding day: and forever after, elections fhall be held once in two years, commencing on the first Thursday in Auguft, and terminating the fucceeding day.

VI. The firft feffion of the General Affembly fhall commence on the laft Monday of March next. The fecond on the third Monday of September, one thousand feven hundred and ninety-feven. And forever after, the General Af fembly fhall meet on the third Monday of September next enfuing the then election, and at no other period, unless as provided for by this conftitution.

VII. That no perfon fhall be eligible to a feat in the Ge. neral Affembly unless he shall have refided three years in the ftate, and one year in the county immediately preceding the election, and shall poffefs in his own right in the county which he reprefents, not lefs than two hundred acres of land, and fhall have attained to the age of twenty-one years.

VIII. The Senate ard Houfe of Reprefentatives, when affembled, fhall each choose a Speaker and its other officers, be judges of the qualifications and elections of its Mem

bers, and fit upon its own adjournments from day to day. Two-thirds of each Houfe fhall conftitute a quorum to do bufinefs but a fmaller number may adjourn from day to day, and may be authorized by law, to compel the attendance of abfent Members.

IX. Each House may determine the rules of its proceedings, punish its Members for diforderly behaviour, and with the concurrence of two-thirds, expel a Member, but not a second time for the fame offence, and fhall have all other powers neceffary for the Legislature of a free ftate..

X. Senators and Reprefentatives, fhall in all cafes, except treafon, felony, or breach of the peace, be privileged from arreft during the feffion of the General Affembly, and in go ing to and returning from the fame; and for any fpeech or debate in either Houfe, they fhall not be questioned in any other place.

XI. Each Houfe may punish, by imprisonment, during their feffion, any perfon, not a Member, who fhall be guilty of difrefpect to the Houfe, by any disorderly or contemptuous behaviour in their prefence.

XII. When vacancies happen in either Houfe, the Govern or, for the time being, shall iffue writs of election to fill fuch

vacancies.

XIII. Neither Houfe fhall, during their feffion, adjourn without consent of the other, for more than three days, nor to any other place than that in which the two Houfes fhall be fitting.

XIV. Bills may originate in either Houfe, but may be amended, altered, or rejected by the other.

XV. Every bill shall be read three times, on three different days, in each Houfe, and be figned by the respective Speakers before it become a law.

XVI. After a bill has been rejected, no bill containing the fame fubftance, shall be paffed into a law during the fame feffion.

XVII. The ftyle of the laws of this ftate, fhall be, Be it enacted by the General Affembly of the state of Tenneffee.

XVIII. Each Houfe fhall keep a journal of its proceedings, and publish them, except fuch parts as the welfare of the ftate may require to be kept fecret. And the yeas and nays of the

Members on any queftion, fhall, at the request of any two of them, be entered on the journals.

XIX. The doors of each Houfe, and committees of the whole, fhall be kept open, unless when the business shall be fuch as ought to be kept fecret.

XX. The Legislature of this ftate shall not allow the following officers of government greater annual falaries than as follows, until the year one thoufand eight hundred and four, to wit.

The Governor not more than feven hundred and fifty dollars.

The Judges of the Superior Courts, not more than fix hundred dollars each.

The Secretary not more than four hundred dollars.

The Treasurer or Treafurers, not more than four per cent. for receiving and paying out all monies.

The Attorney or Attorneys for the ftate fhall receive a compenfation for their fervices, not exceeding fifty dollars for each Superior Court which he fhall attend.

No Member of the Legislature shall receive more than one dollar and feventy-five cents per day, nor more for every twenty-five miles he fhall travel in going to and returning from the General Affembly.

XXI. No money fhall be drawn from the treasury, but in confequence of appropriations made by law.

XXII. No perfon who heretofore hath been, or hereafter may be a collector or holder of public monies, fhall have a feat in either House of the General Affembly, until fuch perfon fhall have accounted for, and paid into the treasury, all fums for which he may be accountable or liable.

XXIII. No Judge of any court of law or equity, Se-cretary of State, Attorney General, Regifter, Clerk of any Court of Record, or perfon holding any office under the authority of the United States, fhall have a feat in the General Affembly; nor fhall any perfon, in this ftate, hold more: than one lucrative office at one and the fame time; provided that no appointment in the militia, or to the office of a Juftice of the Peace, fhall be confidered as a lucrative office,

XXIV. No Member of the General Affembly fhall be. eligible to any office or place of truft, except to the office of a Juftice of the Peace, or trustee of any literary inftitution,,