tennesse
1 definition found
tennesse - Bouvier's Law Dictionary, Revised 6th Ed (1856) :
TENNESSEE. The name of one of the new states of the United States of
America. This state was admitted into the Union by virtue of the "act for
the admission of the state of Tennessee into the Union," approved June 1,
1796, 1 Story's L. IT. S. 450, which recites and enacts as follows:
2. Whereas, by the acceptance of the deed of cession of the state of
North Carolina, congress are bound to lay out, into one or more states, the
territory thereby ceded to the United States:
3.-Sec. 1. Be it enacted, &c., That the whole of the territory ceded to
the United States by the state of North Carolina, shall be one state, and
the same is hereby declared to be one of the United States of America, on an
equal footing with the original states in all respects whatever, by the name
and title of the state of Tennessee. That, until the next general census,
the said state of Tennessee shall be entitled to one representative in the
house of representatives of the United States; and, in all other respects,
as far as they may be applicable, the laws of the United States shall extend
to, and have force in, the state of Tennessee, in the same manner as if that
state had originally been one of the United States.
4. The constitution was adopted on the sixth day of February, 1796; and
amended by a convention which sat at Nashville, on the 30th day of August,
1834. The powers of the government are divided into three distinct
departments; the legislative, executive, and judicial. Art. 2, 1.
5.-1st. The legislative authority of the state is vested in a general
assembly, which consists of a senate and house of representatives, both
dependent on the people.
6.-1. The senate will be considered with reference to the
qualifications of the electors; the qualifications of the members; the
number of members; the length of time for which they are elected; and, the
time of their election. 1. Every free white man of the age of twenty-one
years, being a citizen of the United States, and a citizen of the county
wherein he may offer his vote six months next preceding the day of his
election, shall be entitled to vote for members of the general assembly, and
other civil officers, for the county and district in which he resides;
provided, that no person shall be disqualified from voting on account of
color, who is now, by the laws of this state, a competent witness in a court
of justice against a white man. Art. 4, sect. 1. 2. No person shall be a
senator, unless he be a citizen of the United States, of the age of thirty
years, and shall have resided three years in this state, and one year in,
the county or district, immediately preceding the election. Art. 2, s. 10.
3. The number of senators shall not exceed one-third of the number of
representatives. Art. 2, s. 6. 4. Senators shall hold their office for the
term of two years. Art. 2, s. 7. 5. Their election takes place on the first
Thursday of August, 1835, and every second year thereafter. Art. 2, s. 7.
7.-2. The house of representatives will be considered in the same order
which has been observed in considering the senate. 1. The qualifications of
the electors of representatives are the same as those of senators. 2. To be
elected a representative, the candidate must be a citizen of the United
States, of the age of twenty-one years, and must have been a citizen of the
state for three years, and a resident of the county he represents one year
immediately preceding the election. Art. 2, s. 9. 3. The number of
representatives shall not exceed seventy-five, until the population of the
state shall exceed one million and a half; and shall never thereafter exceed
ninety-nine. Art. 2, s. 5. 4. They are elected for two years. Art. 2, s. 7.
5. The election is to be at the same time as that of senators. Art. 2, s. 7.
8.-2d. The supreme executive power of this state is vested in a
governor. Art. 3, s. 2. 1. He is chosen by the electors of the members of
the general assembly. Art. 3, s. 2. 2. He shall be at least thirty years of
age, shall be a citizen of the United States, and shall have been a citizen
of this state seven years next before his election. Id. sect. 3. He shall
hold his office for two years, and until his successor shall be elected and
qualified. He shall not be eligible more than six years in any term of
right. Id. sect. 4. 3. He shall be elected by the electors of the members of
the general assembly, at the times and places where they respectively vote
for the members thereof. Id. s. 2. 4. He shall be commander-in-chief of the
army and navy of the state, and of the militia, except when they are called
into the service of the United States; shall have the power to grant
reprieves and pardons, except in cases of impeachment; may convene the
legislature on extraordinary occasions, by proclamation; take care that the
laws be faithfully executed; 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 deem expedient may requite
information in writing from the officers in the executive department, upon
any subject relating to the duties of their respective offices. Id. s. 5 to
11. 5. He shall, at stated times, receive a compensation for his services,
which shall not be increased nor diminished during the period for which he
shall have been elected. Id. s. 7. 6. In case of the removal of the governor
from office, or of his death, or resignation, the duties of the office shall
devolve on the speaker of the senate; and in case of a vacancy in the office
of the latter, on the speaker of the house of representatives. Id. s, 12.
9.-3d. The judicial power of the state is vested, by the sixth article
of the constitution, in one supreme court; in such inferior courts as the
legislature shall, from time to time, ordain and establish, and the judges
thereof; and in justices of the peace. The legislature may also vest such
jurisdiction as may be deemed necessary in corporation courts.
10.-1. The supreme court shall be composed of three judges; one of whom
shall reside in each of the grand divisions of the state. The judges shall
be thirty-five years of, age, and shall be elected for the term of twelve
years. The jurisdiction of the supreme court shall be appellate only, under
such restrictions and regulations as may, from time to time, be prescribed
by law: but it may possess such other jurisdiction as is now conferred by
law on the present supreme court. The concurrence of two of the judges shall
be necessary to a decision. Said courts shall be held at one place, and at
one place only, in each of the three grand divisions of the state.
11.-2. The judges of such inferior courts as the legislature may
establish, shall be thirty-five years of age, and shall be elected for eight
years. The jurisdiction of such inferior courts shall be regulated by law.
The judges shall not charge juries with regard to matters of fact, but may
state the testimony and declare the law. They shall have power in all civil
cases to issue writs of certiorari to remove any cause or transcript
thereof, from any inferior jurisdiction, into said court, on sufficient
cause, supported by oath or affirmation.
12.-3. Judges of the courts of law, and equity are appointed by a joint
vote of both houses of the general assembly; but courts may be established
to be holden by justices of the peace.
13.-4. The judges of the supreme court and inferior courts shall, at
stated times, receive a compensation for their services, to be ascertained
by law, which shall not be increased nor diminished, during the time for
which they are elected. They shall not be allowed any fees or perquisites of
office, nor bold any other office of trust or profit under this state or the
United States.
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