Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1870-02-26
2 the obligation of contracts,

]
Sec. -. That perpetuities and monopo
lies are contrary to the genius of a fre
State. and shall not be allowed.
Sec. ,. That thecitizens have right in
peaceable manner to assemble togethe
for their c0mmSn good, TO instruct thei
/ representatives, and to apply to those in
vested with the powers OF government
for redress or grievances, or other proper
| purposes, by address or remonstranc5. e
Sec. "a. That the sure and certain defens,
of free people is a well regulated militia
| and, as standing armies in time of peac,
1 are dangerous 10 FREEDOM, they ought 4
| be avoided as far as the circumstances and
safety of the community will admit; snC
that in all cases the military shall be kept
in strict subOrdination to the civil author.
! ity.
sec. 25. That no citizen of this State,
except such as are employed in the army
| OF the United States. or militia in actual
! service. 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 OF
others 10 dispose of the persons, 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 bear arms for
their common defense. But The Legisla-
ture shall have power, by law, 10 regulate
the wearing Of arms with view to pre-
vent crime
Sec. p. 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. 2o. That no citizen of this State
shall be compelled to bear arms, provided
he viii pay an equivalent, TO be ascer-
tained by law.
Sec. -. That an equal participation in
the free navigation OF the Mississippi is
one OF the Inherent rights of the citizens
Of this state; it cannot, therefore, be con-
ceded 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. 81. That the limits and boundaries
of this State being ascertained, it is de-
elRred they are as hereafter mentioned,
that is to say: Beginning on the extreme
hight Of the Stone Mountain, at the place
where the line of Virginia intersects it, in
latitude thirty-six degrees and thirty
minutes north; rnnning thence along the
extreme hight of the said mountain, to
the place where WataUga River breaks
through it; thence a direct course to the
top of the Yellow Mountain, where
Bright's road crosses the same; thence
along the ridge of said mountain between
the waters of Doe River and the waters
of Rock Greek, to the place where the
road crosses the Iron Mountain; from
thence. along the extreme hight of said
mountain, to the place where NOlichucky
River runs through the same; thence
thence to the top of the Ball Mountain,
along the extreme hight OF sSld
mountain, to the Painted Rocl On
81. ..I1v -
highest ridge of said mountain, to
the place where it is called the Great
Iron or Smoky Mountain; thence along
the extreme hight Of said mountain, to
the place where it is called UniCoi or
Unaka Mountain, between the Indian
towns of Cowee and Old Chota; thence
along the main ridge Of the said mountain
to the Southern boundary Of this State, as
described in the act of cGssiOn OF North
Carolina 70 the United States Of America;
and that all the territory, lands and
waters lying west of the said line, as be-
fore mentioned, and contained within the
chartered limits Of the State of North
Carolina, sF6 within the boundaries and
limits Of this State, oyer which the people
have the right OF exercising sovereignty,
and the right Of soil, 50 far as is consistent
with the Constitution Of the United States,
recognizing the Articles of Confederation,
North Carolina, the cessiOn act of the said
state, and the Ordinancg'of Congress for
the government Of the territory northwest
of the Ohio. PFOgidcd, nothing herein
contained shall extend 10 affect the claim
or claims of individuals 0any part Of the
soil which is recognized to them by the
cession act; 1 nd prOUided, also,
that the limits and jurisdiction Of this
State shall extend to my other land and
territory now acquired, or that may here
after be acquired, by compact or agree
ment with other States or otherwise, al
though sHch land and territory are not
within the boundaries herein
before designated.
Sec. 81. That the erection of safe and
prisons, the inspection 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 conYicted, are forever prohibited in
this State,
Sec. "a. The General Assembly shall
make no law recognizing the right of
in man.
ARTICLE II.
DISTRIBUTION OF POWERS.
Sec. !. Tie powers Of the Government
shall be divided into three distinct de-
partments: the Legislative, Executive
and Judicial.
Sec. 2, No person or persons belonging |
to one Of tEese departments shall exer-
else any of the powers properly belonging |
10 either Of the other, except in the cases
herein directed or permitted.
LEGISLATIVE DEPARTMENT.
Sec. 3. The Legislative authority Of this |
State shall be vested in a General Assem- |
DlV. which shall consist of a Senate and |
- AZ bf1.
Dn the people, Sho shall hold their offices |
for two years from the day Of the general !
election.
Sec. !. An enumeration of the Qualified |
voters. and al aDpOrtiOnment of the Rep
resent atives in the General Assembly, |
shall be made in the year one thousand |
eight hundred and seyenty-One, sBd with |
in every subsequent term of ten yesrs.
Sec. 5. The number Of representatives i
shall, at the several periods Of making the /
be apportioned among the l
several counties or districts, according to |
he number of qualified voters in each; |
snd shall not exceed seventy-five, until /
he population Of the State shall be one |
million and half, aud shall never exceed |
Provided, that any county |
having twO-third of the ratio sEsll be en-
titled TO one member.
Sec. &. The number Of Senators shall, /
nerati0n. be apportioned among the sew
sral counties or districts, according to the |
number Of qualified electors in each, and
shall not exceed one-third tho number of
in appOrtiOn4ag the |
Senators among the different counties, the /
traction that may be lost bv any county /
lreouuties. in the appOrtiOnment of mem
Ders to ths House of Representatives,
,ball be made up to such county or coun-
les in the Senate as near as may be prac-
.icabie. When q district As composed of
wO or more counties, they shall be ad- |
dining: and no county shall be divided /
n forming district.
Sec :, The first election for Senators /
and Representatives shall be held on the /
second TUESDAY in November, one thou 1
,and eight hundred and seventy; and for
aver thereafter, elections for members of
he General Assembly shall be held once
n two years, on the first Tuesday after /
he first Monday in November. Said 1
Elections shall terminate the same day.
See. S, The first session Of the General |
A ssernbIy shall commence on the first 4
Monday in October, 1871, at which time /
he term Of service Of the members shall 1
commence, and expire on the first Tues |
J " Of November. 1872, at which session 4
.ra Governor elected on the second Pues- |
iay in November, 1870, shall be inaBgH-
-atJ u; and forever thereafter the General 1
Assembly shall meet on the first Monday /
IN January next ensuing the election, at /
which session thereof the Governor shall 4
oe inaugurated.
Sec. 9. No person shall be a Representa-
i've unless he shall be a citizen OF the /
United States Of the age of twenty-one |
years. and shall have been a citizen Of this 1
state for three years, ana a resident in the |
county he represents one year iInmedi |
lfelv nreceding the election.