1796 Tennessee Constitution

We the People of the Territory of the United States south of the River Ohio
having the right of admission into the General Government as a member State
thereof, consistent with the Constitution of the United States and the act of
Cession of the State of North Carolina, recognizing the Ordinance for the
Government of the Territory of the United States Northwest of the River Ohio, do
ordain and establish the following Constitution or form of Government, and do
mutually agree with each other to form ourselves into a free and Independent
State, by the name of the State of Tennessee.

Article 1st

Section 1st. The Legislative Authority of this State shall be vested in a General
Assembly, which shall consist of a Senate and House of Representatives, both
dependent on the People.
Sect. 2d. Within three years after the first Meeting of the General Assembly and
within every subsequent term of seven years, an enumeration of the taxable
Inhabitants, shall be made in such manner as shall be directed by law, the number
of Representatives, shall at the several periods of making such enumeration, be
fixed by the Legislature, and apportioned among the Several Counties according
to the number of taxable Inhabitants in each, and shall never be less than twenty
two, nor greater than twenty Six until the number of taxable Inhabitants shall be
forty Thousand, and after that event at such ratio that the whole number of
Representatives shall never exceed forty.

Sect. 3d. The number of Senators shall at the several periods of making the
Enumeration before mentioned be fixed by the Legislature, and apportioned
among the Districts formed as herein after directed according to the number of
taxable Inhabitants in each, and shall never be less than one third, nor more than
one half of the
number of Representatives.

Sect. 4th The Senators shall be chosen by Districts to be formed by the Legislature,
each District containing such a number of taxable Inhabitants as shall be entitled
to elect not more than three Senators. When a District shall be composed of two
or more Counties, they shall be adjoining, and no County shall be divided in
forming a District.

Sect. 5th The first Election for Senators and Representatives shall commence on
the second Thursday of March next, and shall continue for that and the succeeding
day; and the next Election shall commence on the first thursday of August One
Thousand Seven hundred and ninety Seven, and shall continue on that and the
Succeeding Day, and forever after elections shall be held once in two years,
commencing on the first thursday in August and terminating the succeeding day.

Sect. 6th The first Session of the General Assembly shall commence on the last
monday of March next, the second on the third monday of
September one Thousand seven hundred and ninety seven, And forever after, the
General Assembly shall meet on the third monday of September next, ensuing the
then election, and at no other period unless as provided for by this Constitution.

Sect. 7th That no person shall be eligible to a Seat in the General Assembly unless
he shall have resided three years in the State, and one year in the County
immediately preceding the election and shall possess in his own right, in the
County which he represents, not less than two hundred acres of land and shall
have attained to the age of twenty one year.

Sect. 8th The Senate and House of Representatives when assembled, shall each
choose a Speaker and other its Officers, be Judges of the qualifications, and
elections, of its members, and sit upon its own adjournments from day to day.
Two thirds of each House shall constitute a Quorum to do business; but a smaller
number may adjourn from day to day, and may be authorized by law, to compel
the attendance of absent Members.
Sect. 9th Each House may determine the rules of its Proceedings punish its
members for disorderly behavior, and, with the concurrence of two thirds expel a
member, but not a Second time for the same offence, and shall have all other
powers necessary for the Legislature of a free State.

Sect. 10th Senators and Representatives shall in all cases, except treason, felony,
or breach of the Peace, be privileged from Arrest during the Session of the
General Assembly and in going to and returning from the Same, and for any
Speech or debate in either House, they shall not be questioned in any other place.

Sect. 11th Each House may punish by imprisonment, during their Session, any
person not a member, who shall be guilty of disrespect to the House, by any
disorderly or contemptuous behavior in their presence.

Sect. 12th When Vacancies happen in either House, the Governor for the time
being, shall issue Writs of election to fill such Vacancies.
Sect. 13th Neither House shall during their Session adjourn without consent of the
other, for more than three days, nor to any other place than that in which the two
Houses shall be sitting.

Sect. 14th Bills may originate in either House, but may be amended, altered or
rejected by the other.

Sect. 15th Every Bill shall be read three times, on three different days in each
House and be Signed by the respective Speakers before it becomes a Law.

Sect. 16th After a Bill has been rejected no Bill containing the same Substance,
shall be passed into a Law, during the same Session.

Sect. 17th The Style of the Laws of this State shall be: Be it enacted by the General
Assembly of the State of Tennessee.

Sect. 18th Each House Shall Keep a Journal of its proceedings and publish them,
except such parts as the Welfare of the State may require to be Kept Secret. And
the yeas and nays of the Members on any question shall, at the request of any two
of them, be entered on the Journals.
Sect. 19th The doors of each House and Committees of the whole shall be Kept
open, unless when the business shall be such as ought to be Kept Secret.

Sect. 20th The Legislature of this State shall not allow the following Officers of
Government Greater annual Salaries than as follows until the Year One thousand
eight hundred and four: to wit:
The Governor not more than Seven hundred and fifty Dollars.
The Judges of the Superior Courts not more than Six hundred Dollars each.
The Secretary not more than four hundred Dollars.
The Treasurer or Treasurers not more than four per Cent for receiving and paying
out all moneys.
The Attorney or Attorneys for the State Shall receive a compensation for their
Services not exceeding fifty Dollars for each Superior Court which he Shall
attend.

No member of the Legislature shall receive more than one Dollar and Seventy
five Cents per day, nor more for every twenty five miles he shall travel in going to
and returning from the General Assembly.
Section 21st No money shall be drawn from the Treasury, but in consequence of
appropriations made by law.

Section 22nd No person who heretofore hath been, or hereafter may be a Collector
or holder of public moneys shall have a Seat in either House of the General
Assembly until such person shall have accounted for and paid into the Treasury
all Sums for which he may be accountable or liable.

Sect. 23rd No Judge of any Court of Law or equity, Secretary of State, Attorney
General, Register, Clerk of any Court of record or person holding any office
under the authority of the United States shall have a Seat in the General
Assembly, nor shall any person in this State hold more than one lucrative office at
one and the same time, provided that no appointment in the Militia, or to the
office of a Justice of the peace, shall be considered a Lucrative Office.

Sect. 24th No member of the General Assembly shall be eligible, to any office or
place of trust, except to the office of a Justice
of the peace, or Trustee of any Literary Institution where the power of
appointment to such office or place of trust, is vested in their own body.

Sect. 25th Any member of either House of the General Assembly shall have liberty
to dissent from and protest against any act or resolve which he may think
injurious to the public or any individual and have the reasons of his dissent
entered on the Journals.

Sect. 26th All lands liable to taxation in this State, held by Deed, Grant or Entry,
shall be taxed equal and uniform, in such manner that no one hundred Acres shall
be taxed higher than another, except Town Lots, which shall not be taxed higher
than two hundred acres of Land each. No freeman [i.e. free man] shall be taxed
higher than one hundred acres, and no slave higher than two hundred Acres on
each pole.

Sect. 27th No article manufactured of the produce of this State shall be taxed
otherwise than to pay inspection fees.
 Article 2d

Sect. 1st The Supreme executive power of this State Shall be vested in a Governor.

Sect. 2d The Governor shall be chosen by the Electors of the members of the
General Assembly, at the times and places where they shall respectively vote for
the Members thereof. The returns of every election for Governor shall be sealed
up and transmitted to the seat of Government, by the returning Officers, directed
to the Speaker of the Senate who shall open and publish them in the presence of a
Majority of the members of each House of the General Assembly.

The person having the highest number of votes Shall be Governor; but if two or
more shall be equal and highest in votes, one of them shall be chosen Governor by
joint ballot of both Houses of the General Assembly. Contested elections for
Governor shall be determined by Houses of the General Assembly in such manner
as shall be prescribed by Law.
Sect. 3d He shall be at least twenty five years of age, and possess a freehold Estate
of five hundred acres of land, and have been a Citizen or Inhabitant of this State
four years next before his election unless he shall have been absent on the public
business of the United States or of this State.

Sect. 4 The first Governor shall hold his office until the fourth tuesday of
September one thousand Seven hundred and ninety Seven, and until another
Governor shall be elected and qualified to Office, and forever after the Governor
shall hold his office for the term of two years, and until an other [i.e. another]
Governor shall be elected and qualified, but shall not be eligible more than six
years in any term of eight.

Sect. 5th He shall be Commander in Chief of the Army and Navy of this State and
of the Militia, except when they shall be called into the Service of the United
States.
Sect. 6th He shall have power to grant reprieves and pardons after conviction
except in cases of impeachment.

Section 7th He shall at stated times receive a compensation for his Services which
shall not be increased or diminished during the period for which he shall have
been elected.

Sect. 8th He may require information in writing from the Officers in the executive
Department upon any subject relating to the duties of their respective offices.

Sect. 9th He may on extraordinary occasions convene the General Assembly by

Proclamation and shall state to them when assembled the purpose for which they
shall have been convened.

Sect. 10th He shall take care that the Laws shall be faithfully executed.

Sect. 11th He shall from time to time give to the General Assembly information of
the State of the Government and recommend to their
consideration such measures as he shall judge expedient.

Sect. 12th In case of his death, resignation or removal from office, the Speaker of
the Senate shall exercise the office of Governor until another Governor shall be
duly qualified.

Sect. 13th No member of Congress or person holding any office under the United
States or this State shall execute the office of Governor.

Sect. 14th When any officer the right of whose appointment is by this Constitution
Vested in the General Assembly shall during the recess die or his office by other
means become vacant, the Governor shall have power to fill up such vacancy by
granting a temporary Commission which shall expire at the end of the next
Session of the Legislature.

Sect. 15th There shall be a seal of this State which shall be Kept by the Governor
and used by him officially and shall be called the great Seal of the State of
Tennessee.
Sect. 16th All Grants and Commissions shall be in the name and by the authority
of the State of Tennessee, be sealed with the State Seal and signed by the
Governor.

Sect. 17th A Secretary of this State shall be appointed and Commissioned during
the term of four years. He shall Keep a fair Register of all the Official acts and
proceedings of the Governor and shall when required lay the same and all Papers,
minutes and vouchers relative thereto before the General Assembly and Shall
perform such other duties as shall be enjoined him by law.

Article 3d

Sect. 1st Every freeman [i.e. free man] of the age of twenty one years and upwards
possessing a freehold in the County wherein he may vote and being an inhabitant
of this State, and every freeman [i.e. free man] being an inhabitant of any one
County in the State six months immediately preceeding [i.e. preceding] the day of
election shall be entitled to vote for members of the General Assembly for the
County in which he shall reside.
Sect. 2 Electors shall in all cases except treason, felony or breach of the peace be
privileged from arrest during their attendance at Elections and in going to and
returning from them.

Sect. 3 All Elections shall be by ballot.

Article 4th

Sect. 1st The house of Representatives shall have the sole power of impeachment.

Sect. 2d All impeachments shall be tried by the Senate. When sitting for that
purpose the Senators shall be upon oath or affirmation.

Sect. 3d No person shall be convicted, without the concurrence of two thirds of the
members of the whole House.

Sect. 4th The Governor and all civil officers under this State shall be liable to
impeachment for any misdemeanor in office; but judgment in such cases shall not
extend further than to removal from office, and disqualification to hold any office
of Honor, trust or profit under this State.
The party shall nevertheless in all cases be liable to Indictment, trial, Judgment
and punishment according to law.

Article 5th

Sect. 1st The judicial power of the State shall be vested in such Superior and
inferior Courts of Law and equity, as the Legislature shall from time to time direct
and establish.

Sect. 2d The General Assembly shall by joint ballot of both Houses appoint Judges
of the several Courts of Law & equity, also an attorney or Attorneys for the State
who shall hold their respective offices during good behavior.

Sect. 3d The Judges of the Superior Court shall at stated times receive a
compensation for their Services to be ascertained by Law but shall not be allowed
any fees or perquisites of office nor shall they hold any other office of trust or
profit under this State or the United States.
Sect. 4th The Judges of the Superior Courts shall be Justices of Oyer and terminer
and general Jail delivery throughout the State.

Sect. 5th The Judges of the Superior and inferior Courts shall not charge Juries
with respect to matters of fact, but may State the testimony and declare the Law.

Sect. 6th The Judges of the Superior Courts shall have power in all civil cases, to
issue writs of Certiorari to remove any cause or a transcript thereof from any
inferior Court of Record into the Superior on sufficient Cause supported by oath
or affirmation.

Sect. 7th The Judges or Justices of the inferior Courts of law shall have power in
all civil cases to issue writs of Certiorari to remove any cause or a transcript
thereof from any inferior Jurisdiction into their Court on sufficient Cause
supported by oath or affirmation.

Sect. 8th No Judge shall sit on the trial

of any cause, where the parties shall be connected with him by affinity or
consanguinity except by consent of parties. In case all the Judges of the Superior
Court shall be interested in the Event of any Cause, or related to all or either of
the parties the Governor of the State shall in such case, Specially Commission
three men of Law Knowledge for the determination thereof.

Sect. 9th All writs and other process, shall run in the name of the State of
Tennessee and bear Teste and be signed by the respective Clerks. Indictments
shall conclude, against the peace and dignity of the State.

Sect. 10th Each Court shall appoint its own Clerk who may hold his office during
good behavior.

Sect. 11th No fine shall be laid on any Citizen of this State that shall exceed fifty
Dollars, unless it shall be assessed by a Jury of his Peers who shall assess the fine
at
the time they find the Fact, if they think the fine ought to be more than fifty
Dollars.

Sect. 12th There shall be Justices of the Peace appointed for each County, not
exceeding two for each Captains [i.e. Captain’s] Company, except for the
Company which includes the County Town which shall not exceed three, who
shall hold their offices during good behavior.

Article 6th

Sect. 1st There shall be appointed in each County by the County Court, one
Sheriff, one Coroner, one Trustee and a Sufficient number of Constables who
shall hold their offices for two years. They shall also have power to appoint one
Register and Ranger for the County who shall hold their offices during good
behavior. The Sheriff and Coroner shall be Commissioned by the Governor.

Sect. 2d There shall be a Treasurer or Treasurers appointed for the State who shall
hold his or their office for two years.
Sect. 3d The appointment of all Officers not otherwise directed by this
Constitution shall be vested in the Legislature.

Article 7th

Sect. 1st Captains Subalterns and non Commissioned Officers shall be elected by
those Citizens, in their respective Districts, who are subject to military duty.

Sect. 2d All Field officers of the Militia shall be elected by those Citizens in their
respective Counties who are Subject to military duty.

Sect. 3d Brigadiers General shall be elected by the field officers of the respective
Brigades.

Sect. 4th Majors General shall be elected by the Brigadiers and field Officers of
the respective divisions.

Sect. 5th The Governor shall appoint the adjutant General: the Majors General
shall appoint their Aids; the Brigadiers General shall appoint their Brigade
Majors, and the Commanding Officers of Regiments their Adjutants and Quarter
Masters [i.e. Quartermasters].

Sect. 6th The Captains & Subalterns of the Cavalry shall be appointed by the
Troops enrolled in their respective Companies and the field Officers of the
District shall be appointed by the said Captains and Subalterns, provided, that
whenever any new County is laid off, that the Field officers of the said Cavalry
shall appoint the Captain and other Officers therein pro tempore until the
Company is filled up and completed, at which time the election of the Captains
and Subalterns shall take place as aforesaid.

Sect. 7th The Legislature shall pass Laws exempting Citizens belonging to any
Sect or Denomination of Religion, the tenets of which are Known to be opposed
to the bearing of arms from attending private & general Musters.
 Article 8th

Sect. 1st Whereas the ministers of the Gospel are by their professions, dedicated to
God and the case of Souls and ought not to be diverted from the great duties of
their functions therefore no minister of the Gospel, or Priest of any denomination
whatever shall be eligible to a Seat in either house of the Legislature.

Sect. 2d No person who denies the being of God or a future State of rewards and
punishments shall hold any office in the civil Department of this State.

Article 9th

Sect. 1st That every person who shall be chosen or appointed to any office of trust
or profit, shall before entering on the execution thereof, take an oath to support
the Constitution of this State and also an Oath of Office.
Sect. 2d That each member of the Senate and House of Representatives, shall
before they proceed to business take an oath or affirmation to support the
Constitution of this State, and also the following oath: I. A.B. do solemnly swear
(or affirm) that as a member of this General Assembly, I will in all appointments
vote without favor, affection, partiality or prejudice, and that I will not propose or
assent to any Bill, vote or resolution which Shall appear to me injurious to the
people or consent to any act or thing whatever that shall have a tendency to lessen
or abridge their rights and privileges as declared by the Constitution of this State.

Sect. 3d Any elector who shall receive any gift or reward for his vote in meat,
drink money or otherwise shall suffer such punishment as the Laws shall direct.
And any person who shall directly or indirectly give promise or bestow any such
reward to be
elected, shall thereby be rendered incapable, for two years, to serve in the office
for which he was elected and be subject to such further punishment as the
Legislature shall direct.

Sect. 4th No new County shall be established by the General Assembly, which
shall reduce the County or Counties or either of them, from which it shall be taken
to a less content, than Six hundred & twenty five square Miles. Nor shall any new
County be laid off of less contents. All new Counties as to the right of suffrage
and representation, shall be considered as a part of the County or Counties from
which it was taken, until entitled by numbers to the right of representation. No
Bill shall be passed into a Law for the establishment of a new County except upon
a petition to the General Assembly for that purpose Signed by two hundred of the
free Male Inhabitants within the limits or bounds of such new County prayed to
be laid off.
 Article 10th

Sect. 1st Knoxville shall be the Seat of Government until the year One thousand
Eight hundred and two.

Sect. 2d All Laws and Ordinances now in force and use in this Territory not
inconsistent with this Constitution shall continue to be in force and use in this
State, until they shall expire, be altered or repealed by the Legislature.

Sect. 3d That whenever two thirds of the General Assembly shall think it
necessary to amend or change this Constitution they shall recommend to the
Electors at the next election for members to the General Assembly to vote for or
against a Convention and if it shall appear that a majority of all the Citizens of the
State, voting for Representatives have voted for a Convention, the General
Assembly shall, at their next Session, call a Convention to consist of as many
members as there be in the General Assembly to be
chosen in the same manner, at the same places and by the same Electors, that
chose the General Assembly, who shall meet within three months after the said
election, for the purpose of revising, amending or changing the Constitution.

Sect. 4th The Declaration of Rights hereto annexed is declared to be a part of the
Constitution of this State and Shall never be violated on any pretence whatever.
And to Guard against transgressions of the high Powers which we have delegated,
we declare that everything in the Bill of Rights contained and every other right
not hereby delegated is excepted out of the General Powers of Government and
shall for ever [i.e. forever] remain inviolate.
 Article 11th

Declaration of

Rights

1st 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.

Sect. 2d That Government being instituted for the common benefit, the doctrine of
non resistance against arbitrary Power and oppression is absurd, slavish and
destructive to the good and happiness of mankind.

Sect. 3d That all men have a natural and indefeasible right to worship Almighty
God according to the dictates of their own consciences’
that no man can of right be compelled to attend, erect or support any place of
worship or to maintain any ministry 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 Establishments or
modes of worship.

Sect. 4th That no religious test shall ever be required as a qualification to any
Office or public trust under this State.

Sect. 5th That Elections shall be free and equal.

Sect. 6th That the Right of trial by Jury shall remain inviolate.

Sect. 7th 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 Fact committed, or to seize any person or persons
not named, whose offences are not particularly described and supported by
evidence are dangerous to liberty and ought not to be granted.

Sect. 8th That no free 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 Judgment of his Peers or the
Law of the Land.

Sect. 9th That in all criminal prosecutions the accused hath a 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 or presentment, a Speedy public trial by an impartial Jury of the
County or District in which the crime shall have been committed, and shall not be
compelled to give evidence against himself.

Sect. 10th That no person shall for the same offence, be twice put in Jeopardy of
Life or Limb.
Sect. 11th That laws made for the punishment of facts 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 facto law shall be made.

Sect. 12th 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 or vest
as in case of natural death. If any person be Killed by Casualty there shall be no
forfeiture in consequence thereof.

Sect. 13th That no person arrested or confined in Goal [i.e. Jail] shall be treated
with unnecessary rigor.

Sect. 14th That no freeman [i.e. free man] shall be put to answer any Criminal
charge but by presentment, Indictment or Impeachment.

Sect. 15th That all prisoners shall be bailable by sufficient Sureties, unless for
Capital offences 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 public Safety may require it.

Sect. 16th That excessive Bail shall not be required, nor excessive fines imposed,
nor cruel and unusual punishments inflicted.

Sect. 17th 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, provided the right of bringing Suit be limited to the Citizens of
this State.

Sect. 18th That the person of a Debtor, where there is not strong presumption of
fraud shall not be continued in prison after delivering up his Estate for the benefit
of his Creditor or Creditors, in such manner as shall be prescribed by Law.
Sect. 19th That the printing Presses shall be free to every person who undertakes to
examine the proceedings of the Legislature, or of any branch or officer of
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 & 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 Libels, the
Jury shall have a right to determine the law and the facts, under the direction of
the Court as in other Cases.

Sect. 20th That no retrospective law or law impairing the obligation of Contracts
shall be made.

Sect. 21st That no mans [i.e. 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.

Sect. 22d 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
proper purposes by address or remonstrance.

Sect. 23d That perpetuities & monopolies are contrary to the Genius of a free State
and shall not be allowed.

Sect. 24th That the sure and certain defence [i.e. 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 in strict
Subordination to the civil authority.

Sect. 25th That no Citizen in this State except such as are employed in the Army of
the United States or militia in actual service, shall be subject to Corporal
punishment under the martial Law.
Sect. 26th That the freemen [i.e. free men] of this State have a right to Keep and to
bear Arms for their common defence [i.e. defense].

Sect. 27th That no Soldier shall in time of peace be quartered in any House without
consent of the owner, nor in time of war but in a manner prescribed by Law.

Sect. 28th That no Citizen of this State shall be compelled to bear Arms, provided
he will pay an equivalent to be ascertained by Law.

Sect. 29th That an equal participation of the free navigation of the Mississippi is
one of the Inherent rights of the Citizens of this State; it cannot therefore, be
conceded to any Prince, Potentate, Power, person or Persons whatever.

Sect. 30th That no hereditary Emoluments privileges or honors shall ever be

granted or conferred in this State.

Sect. 31st That the people residing South of french Broad and Holston between the
Rivers Tennessee and the Big Pigeon are
entitled to the Right of preemption and occupancy of that Tract.

Sect. 32nd That the limits and boundaries of this State be ascertained, it is declared
they are as hereafter mentioned, that is to say: beginning on the extreme height of
the Stone Mountain at the place where the line of Virginia intersects it, in latitude
thirty six degrees and thirty minutes North. running thence along the extreme
height 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 Brights [i.e.
Bright’s] road crosses the same; thence along the ridge of said mountain between
the waters of Doe River and the waters of Rock Creek to the place where the road
crosses the Iron Mountain: from thence along the extreme height of said Mountain
to where Nolichucky River runs through the same; thence to the top of the Bald
Mountain; thence along the extreme Height of said Mountain to the painted Rock
on french Broad River; thence along the
highest ridge of said Mountain, to the place where it is called great Iron or Smoky
Mountain; thence along the extreme height 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 Cession of North Carolina to the United
States of America; and that all the Territory Lands and waters lying west of the
said line, as before mentioned and contained within the chartered limits of this
State of North Carolina are within the boundaries & limits of this State, over
which the people have the right of exercising Sovereignty and right of Soil so far
as is consistent with the Constitution of the United States, recognizing the articles
of Confederation the Bill of Rights and Constitution of North Carolina the
Cession Act of the Said State and the Ordinance of the late
Congress for the Government of the Territory North West of the Ohio, provided
nothing herein contained shall extend to affect, the claim or claims of Individuals,
to any part of the Soil which is recognized to them by the aforesaid Cession Act.

Schedule

Sect. 1st That no inconvenience may arise from a change of the Temporary to a
permanent State Government, it is declared that all rights actions, prosecutions,
claims and Contracts as well of individuals as of Bodies corporate shall continue,
as if no change had taken place in the Administration of Government.

Sect. 2d All Fines penalties and forfeitures due and owing to the Territory of the
United States of America South of the River Ohio, shall enure to the use of the
State. All Bonds for performance executed to the Governor of the said Territory
shall be and pass over to the Governor of this State and
his Successors in Office for the use of the State, or by him or them respectively to
be assigned over to the use of those concerned as the Case may be.

Sect. 3d The Governor Secretary, Judges and Brigadiers general have a right by
virtue of their appointments under the authority of the United States, to continue
in the exercise of the duties of their respective offices, in their Several
Departments, until the said Officers are superseded under the authority of this
Constitution.

Sect. 4th All Officers, civil & military who have been appointed by the Governor,
shall continue to exercise their respective offices until the second Monday in June
and until Successors in office shall be appointed under the authority of this
Constitution and duly qualified.

Sect. 5th The Governor shall make use of his private Seal until a State Seal Shall
be procured.
Sect. 6th Until the first enumeration shall be made as directed in the second
Section of the first article of this Constitution, the Several Counties shall be
respectively entitled to elect one Senator and two Representatives, provided that
no new County shall be entitled to separate representation previous to taking the
Enumeration.

Sect. 7th That the next Election for Representatives and other Officers to be held
for the County of Tennessee shall be held at the House of William Miles.

Sect. 8th Until a Land office shall be opened so as to enable the Citizens South of
French Broad and Holston between the Rivers Tennessee and Big Pigeon to
obtain titles upon their claims of occupancy and preemption, those who hold Land
by virtue of such Claims, shall be eligible
to serve in all capacities where a free Hold is by this Constitution made a requisite
qualification.

Done in Convention, at Knoxville by unanimous consent, on the sixth day of

February in the year of our Lord One thousand Seven Hundred and Ninety six and
of the Independence of the United States of America the twentieth. In testimony
whereof we have hereunto subscribed our names.

William Blount, President

Blount County { Hawkins County {

David Craig James Berry
James Greenaway Joseph M'Minn
Jos Black Thomas Henderson
James Houston Wm Cocke
Samuel Glass Rich. Mitchell

Davidson County { Jefferson County {

John M’Nairy A. Outlaw
Andrew Jackson Jos. Anderson
Jas Robertson Geo Doherty
Thomas Hardiman Jas [James] Roddye
Joel Lewis Archibald Roane

Greene County { Knox County {

Samuel Frazier James White
Stephen Brooks Chals[Charles] Mc Clung
William Rankin John Crawford
Elisha Baker John Adair
John Galbreath.
Sullivan County { Tennessee County {
George Rutledge Thos Johnston
William Charles Cole Claiborne James Ford
Richd Gammon Wm Fort
John Shelby[,] Jr[.] Wm Prince
John Rhea Robt Prince

Sumner County { Washington County {

D. [David] Shelby John Tipton
Isaac Walton Samuel Handly
W. Douglass Leeroy Taylor
Edward Douglass Landon Carter
Dan Smith. James Stuart

Sevier County {
Peter Bryan
Sam [Samuel] Wier
Spencer Clack
John Clack
Thomas Buckinham
Attest
William Maclin[,] Secretary