                             CONSTITUTION
                                OF THE
                          STATE OF TENNESSEE

                               ARTICLE I

                         DECLARATION OF RIGHTS

   Section 1.   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.

   Section 2.  That government bring [probably should read "being"] 
instituted 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.

   Section 3.   That all men have a natural and indefeasible right to worship 
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.

   Section 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.

   Section 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.

   Section 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.

   Section 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.

   Section 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.

   Section 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 public 
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.

   Section 10.  That no person shall, for the same offense, be twice put in 
jeopardy of life or limb.

   Section 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 Government, wherefore no Ex post 
factolaw shall be made.

   Section 12.  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 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.

   Section 13.  That no person arrested and confined in jail shall be treated 
with unnecessary rigor.

   Section 14.  That no person shall be put to answer any criminal charge but 
by presentment, indictment or impeachment.

   Section 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.

   Section 16.  That excessive bail shall not be required, nor excessive 
fines imposed, nor cruel and unusual punishment inflicted.

   Section 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.

   Section 18.  The legislature shall pass no law authorizing imprisonment 
for debt in civil cases.

   Section 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 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 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.

   Section 20.  That no retrospective law, or law impairing the obligation of 
contracts, shall be made.

   Section 21.  That no 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.

   Section 22.  That perpetuities and monopolies are contrary to the genius 
of a free State, and shall not be altered.

   Section 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.

   Section 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.

   Section 25.  That no citizen of this state, except such as are employed in 
the army of the United States, or militia in actual services, shall be 
subjected to punishment under the martial or military law. That martial law, 
in the sense of the unrestricted 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.

   Section 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.

   Section 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.

   Section 28.  That no citizen of this State shall be compelled to bear 
arms, provided he will pay an equivalent, to be ascertained by law.

   Section 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.

   Section 30   That no hereditary emoluments, privileges, or honors, shall 
ever be granted or conferred in this State.

   Section 31.  [Deals with the boundaries of the State.]

   Section 32.  That the erection of safe and comfortable prisons, the 
inspection of prisons, and the humane treatment of prisoners, shall be 
provided for.

   Section 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.

   Section 34.  The General Assembly shall make no law recognizing the right 
of property in man.
