ARTICLE VI.

There shall be appointed in each county, by the county court, one sheriff, one coroner, one trustee, and a suficient 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. II.There shall be a treasurer or treasurers appointed for the state, who shall hold his or their offices for two years.

III. The appointment of all officers, not otherwise directed by this constitution, shall be vested in the legislature.

ARTICLE VII.

I. Captains, subalterns, and non-commissioned officers, shall be elected by those citizens, in their respective districts, who are subject to military duty.

II. All field officers of the militia shall be elected by those eitizens in their respective counties who are subject to military duty. III. Brigadiers-general shall be elected by the field officers of their respective brigades.

months after the said election, for the purpose of revising, amend ing or changing the constitution.

IV. 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 transgression of the high powers which we have delegated, we declare, that eve ry thing in the bill of rights contained, and every other right not hereby delegated, is excepted out of the general powers of govern ment, and shall forever remain inviolate.

ARTICLE IX.—Declaration of Rights.

I. That all power is inherent in the people, and all free govern ments 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 indefeisible right to alter, re form or abolish the government in such manner as they may think proper

mankind.

the doctrine of non-resistance against arbitrary power and oppres II. That government being instituted for the common benefit, sion, is absurd, slavish, and destructive to the good and happiness of IV. Majors-general shall be elected by the brigadiers and field Almighty God according to the dictates of their own conscience; III. That all men have a natural and indefeisible right to worship officers of the respective divisions. V. The governor shall appoint the adjutant-general; the majors-that no man can of right be compelled to attend, erect or sup general shall appoint their aids; the brigadiers-general shall apport, any place of worship, or to maintain any ministry against point their brigade-majors, and the conmanding-officers of regitrol or interfere with the rights of conscience; and that no prefer bis consent, that no human authority can in any case whatever coninents, their adjutants and quarter-masters. VI. The captains and the subalterns of the cavalry shall be ap-ence shall ever be given by law to any religious establishments of pointed by the troops enrolled in their respective companies, and modes of worship. the field officers of the districts shall be appointed by the said IV. That no religious test shall ever be required as a qualifica captains and subalterns, provided that whenever any new county tion to any office or public trust under this state. is laid off, that the field officers of said cavalry shall appoint the V. That elections shall be free and equal. captain and other officers therein, pro tempore, until the company is filled up and completed, at which time the election of the cap tains and subalterns shall take place as aforesaid.

VII. The legislature shall pass laws, exempting citizens, be longing to any sect, or denomination of religion, the tenets which are known to be opposed to the bearing of arms, from tending private and general musters.

ARTICLE VIII.

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at

I. Whereas the ministers of the gospel are, by their profession, dedicated to God and the care of souls, and ought not to be divert ed 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.

II. No person who denies the being of God or a future state of rewards and punishments, shall hold any office in the civil de partment of this state.

ARTICLE IX.

1. 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.

VI. That the right of trial by jury shall remain inviolate. VII. 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 comunitted or to seize any person or persons, not named, whose offences are not particularly described and supported by evidence, are danger ous to liberty, and ought not to be granted.

VIII. That no freeman shall be taken, or imprisoned, or disseiz ed of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed, or deprived of his life, liberty, or proper ty, but by the judgment of his peers, or the law of the land.

IX. That in all criminal prosecutions, the accused hath a right to be heard by himself and his cousel, to demand the nature and to meet the witnesses face to face; to have compulsory process for eause of the accusation against him, and to have a copy thereof; obtaining witnesses in his favor; and in prosecutions by indiet ment, or presentment, a speedy public trial, by an impartial jury of the county or district in which the crime shall have been com mitted; and shall not be compelled to give evidence against himself.

X. That no person shall, for the same offence, be twice put in jeopardy of his life or limb. XI. The laws made for the punishment of facts committed preminal, are contrary to the principles of a free government; wherefore no ex post facto law shall be made.

II. That each member of the senate and house of representatives, shall, before they proceed to business, take an oath or affir-vious to the existence of such laws, and by them only declared etimation 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 XII. That no conviction shall work corruption of blood or for general assembly, I will, in all appointments vote without favor, feiture of estate. The estate of such persons as shall destroy the fr affection, parti lity, or prejudice, and that I will not propose or own lives, shall descend or vest as in case of natural death. If any assent to any bill, vote or resolution which shall appear to me inju-person be killed by casualty, there shall be no forfeiture in conse rious to the people, or consent to any act or thing whatever, that quence thereof. shall have a tendency to lessen or abridge their rights and privileges, as declared by the constitution of this state.

XIII. That no person arrested, or confined in gaol, shall be treated with unnecessary rigor.

III. Any elector who shall receive any gift or reward for his
vote, in meat, drink, money, or otherwise, shall suffer such punish-charge, but by presentment, indictment or impeachment.
ment as the laws shall direct. And any person who shall directly
or indirectly give, promise, or bestow any such reward to be elect-
ed, 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.

XIV. That no freeman shall be put to answer any criminal

IV. 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, tó a less content than six hundred andĮ 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 estab lishment of a new county, except upon a petition to the general as sembly for that purpose, signed by two hundred of the free male inhabitants within the minits or bounds of such new county prayed to be laid off.

ARTICLE X.

1. Knoxville shall be the seat of government, until the year one thousand eight hundred and two.

II. 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.

III. That whenever two-thirds of the general assembly shall think it necessary to amend or change this constitution, they shail recommend to the electors, at the next election for members to the general assembly, to vote for or against a convention; and if it 'all 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 my members as there may be in the general assembly, to be chosen in the same manner, at the same place, and by the same electors that choose the general assembly, who shall meet within three

XV. That all prisoners shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident or the pre sumption 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.

XVI. That excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

XVII. 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 citr zens of this state.

XVIII. That the person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison, after defi vering up his estate for the benefit of his creditor or creditors, in such manner as shall be prescribed by law.

XIX. 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, and print on any subject, being responsible for the abuse of that liberty. But in prosecu tions for the publications of papers investigating the official con duct 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 direc tion of the court, as in other cases.

XX. That no retrospective laws,or law, impairing the obligation of contracts, shall be made.

XXI. That no man's particular services shall be demanded, or property taken, or applied to public use, without the comment of

his representatives, or without just compensation being madeĮ therefor.

VIII. Until a land office shall be opened so as to enable the XXII. That the citizens have a right, in a peaceable manner, to Tennessee and Big Pigeon, to obtain tiles upon their claims of citizens south of French Broad and Holston, between the rivers assemble together for their common good, to instruct their repre-occupancy and preemption, these who hold land by virtue of such sentatives, and to apply to those invested with the powers of go- claims, shall be eligible to serve in all capacities where a freehold vernment for redress of grievances, or other proper purposes, by is by this constitution made a requisite qualification. address or remonstrance. 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 of, we have hereunto subscribed our names.

XXIII. That perpetuities and monopolies are contrary to the genius of a free state, and shall not be allowed.

XXIV. That the sure and certain defence of a free pepole 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 cvil authority.

4

XXV. 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 subjected to corporeal punishment under the martial law.

XXVI. That the freemen of this state have a right to keep aud to bear arms for their common defence.

XXVII. 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.

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

XXIX. 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.

XXX. That no hereditary emoluments, privileges, or honors shall ever be granted or conferred in this state.

XXXI. That the people residing south of French Broad and Holston, between the rivers Tennessee and the Big Pigeon, are entitled to the right of pre-emption and occupancy in that tract. XXXII. That the limits and boundaries of this state be ascer tained, 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 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 the place where Nolichuky river runs through the same; thence to the top of the Bald Mountain: thence along

Blount county.
David Craig,
James Greenaway,
Joseph Black,
James Houston,
Samuel Glass.
Davidson county.
John M.Nairy,
Andrew Jackson,
James Robertson,
Thomas Hardiman,
Joel Lewis.

Sullivan county.
George Rutledge,

William C. C. Claiborne,
Richard Gammon,
John Shelby, jun.
John Rhea.

Green county.
Samuel Frazier,
Stephen Brooks,
William Rankin,
Elisha Baker,
John Galbreath.

Jefferson county.
Alexander Outlaw,
Joseph Anderson,
George Doherty,
James Roddye,
Archibald Roane.

Sevier county.

Peter Bryan,
Samuel Wier,
Attest,

WILLIAM BLOUNT, President.
Spencer Clack,

John Clack,

Thomas Buckenham.
Hawkins county.

James Berry,

Joseph M'Min,

Thomas Henderson,

William Cocke,

Richard Mitchell.

Summer county.

David Shelby,
Isaac Walson,
W. Douglass,
Edward Douglass,
Daniel Smith.

Tennessee county.
Thomas Johnson,
James Ford,
William Fort,
William Prince,
Robert Prince.
Washington county.
John Tipton,
Samuel Handy,
Leeroy Taylor,
Landon Carter,
James Stuart,

Knox county.

James White,
Charles McClung,

John Crawford,

John Adair.

WILLIAM MECHLIN, Secretary.

The constitutions of ОнIо and Lov

the extreme height of said mountain to the painted rock, on French ISIANA, will be inserted in an appendix to Broad River; thence along the highest ridge of said mountain, to be issued with the last number of the next the place where it is called the Great-Iron or Smoky Mountain; thence along the extreme height of said mountain to the place volume-the fourth.

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 de scribed 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 the state of North Carolina, are within the boundaries and limits of this state, over which the people have the right of exercising sovereignty and the 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 ordinance of the late congress, for the government of the territory northwest of the Ohio; provided, nothing herein contained shall extend to affect the elaim or claims of individuals, to any part of the soil which is recognized to them by the aforesaid cession act.

SCHEDULE.

I. 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.

II. All fines, penalties and forfeitures, due and owing to the ter tory of the United States of America south of the river Ohio, shall entire 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 ffice, 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.

Released Americans.

Enough (some persons may suppose) has been published on impressments. But the subject is fruitful in incidents that deserve to be recorded. We have made the broad assertion, that there is no British vessel of war destitute of impressed American seamen, be her station where it may; and solemnly believe the fact. The policy of the manstealer scattering the kidnapped through all his ships for the most abominable purpose of keeping their friends ignorant of their fate. Every time that the bloody cross has come down we find proof of our assertion-but the following presents us facts that should always be remembered-these solitary cases have been nobly avenged.

6257 IMPRESSED AMERICAN SEAMEN. Evidence laid before Congress, Jan. 15, 1812. The original documents, containing the names III. The governor, secretary, judges, and brigadiers-general and particulars of each se: men, are left with the have a right, by virtue of their appointments, under the authori-printer, where any doubting American may call and ty of the United States, to continue in the exercise of the duties be satisfied. of their respective offices, in their several departments, until the said officers are superceded under the authority of this constitution.

IV. All officers, civil and 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.

[N. Y. paper.

-I BEEKMAN VER PLANK HOFFMAN, of the town' of the United States navy; that I was on board the Poughkeepsie, do certify, that I am a lieutenant in Constitution frigate in the action and capture of the Guerriere; that after such surrender, I was sent on V. The governor shall make use of his private seal, until a state board, and after taking out the crew, fired and blew seal shall be provided. up the ship; that eight impressed American seamen VI. Until the first enumeration shall be made, as directed in the were among the crew of the Guerriere, who were second section of the first article of this constitution, the several liberated at Boston. I was also on board the Concounties shall be respectively entitled to elect one senator and two representatives: Provided that no new county shall be entitled to stitution in the action with the Java, and was sent separate representation previous to taking the enumeration. on board that vessel, and after the crew was removcers, to be held for the county of Tennessee, shall be held at theed, set her on fire and blew her up. Amongst the

VII. That the next election for representatives and other offi

house of William_Miles.

crew of the Java thirteen American seamen were

ound, three of whom had entered the British ser-[1812, in the ship Minerva, bound to Ireland; that vice and were left, the other ten were liberated as on the homeward bound passage in July after, this Americans.

Dated Poughkeepsie, April 16, 1813.

B. V. HOFFMAN.

deponent, with three other American seamen, Sam' Davis, Wm. Young and John Brown, were impressed and taken on board the British ship Acteon, David Duchess county, ss. Smith captain. We were taken on Saturday even.. RICHARD TOMPKINS, being sworn, saith, that he is ing; on Monday morning we were brought to the a native of New-Paltz, opposite Poughkeepsie, that gangway, and informed we must enter on board ship, he sailed from Wilmington about the 28th of April, and live as the other seamen, or we should live on 1810, on board the Warren, Wm. Kelly captain, for oat-meal and water, and receive five dozen lashes. Cork. On the homeward passage, in September fol- This deponent says, himself and the other three lowing, he was impressed and taken on board the impressed with him, did refuse to enter, and each Peacock, a British sloop of war, and compelled to of them were whipped five dozen lashes. On Wed do duty: That while on board that vessel, he made nesday following we were again all brought up, and many unsuccessful attempts to write to his friends had the same offer made to us to enter, which we informing them of his situation. He further saith refused, and were again whipped four dozen lashes. that after he heard of the war, himself and two On Saturday after, the like offer was made to us; other impressed American seamen, who were on and on our refusal, we were again whipped three board the Peacock; went aft, to the captain, claim-dozen lashes each. On Monday following, still reed to be considered American prisoners of war, and fusing to enter, we were again whipped two dozen refused to do duty any longer. They were ordered each. On Wednesday following, we were again off the quarter-deck, and the captain called for the whipped one dozen each, and ordered to be taken master at arms, and ordered us to be put in irons; below, and put in irons till we did enter; and the we were then kept in irons about twenty-four hours, captain said he would punish the damn'd Yankee raswhen we were taken out; brought to the gangway, eals till they did enter. We were then put in irons, stripped of our clothes, tied and whipped, each one and laid in irons three months. dozen and a half lashes, and put to duty. During the time of our impressment, the ship He further saith, that he was kept on board the had an action and captured a French ship. Before Peacock, and done duty till the action with the Hor- this action we were taken out of irons and asked to net-after the Hornet hoisted American colors, he fight, but we refused; and after the action we were and the other impressed American again went to the again ironed, where we remained till the ship arriv captain of the Peacock, asked to be sent below, said ed at London. After arriving there we first heard it was an American ship, and that they did not wish of the war with America, and that the Guerriere to fight against their country. The captain order- was taken. This deponent took his shirt, Samuel ed us to our quarters; called midshipman Stone to Davis and Wm. Young took their handkerchiefs, do his duty; and if we did not do our duty, to blow made stripes and stars for the American colors, and our brains out-"aye!! aye!!" was answered by hung it over a gun, and gave three cheers for the Stone, who then held a pistol to my head, and or- victory. The next morning at 6 o'clock, we were dered us to our places. We then continued at our brought up and whipped two dozen lashes each for places, and was compelled to fight till the Peacock huzzaing for the Yankee flag. Shortly after this we struck; and we were liberated after an impressment were all released by the assistance of the American of about two years and eight months.

his

consul and capt. Hall, who knew us.

This deponent further saith, that they all had protections, and shewed them, and claimed to be Americans, at the time they were impressed.. JAMES TOMPKINS. Sworn before me this 27th day of April, 1813, at which time the said James Tompkins showed me his wrists, which, at his request, I examined, there appeared to be marks of scars on both of them, occasioned, as I supposed, from his hav ing been in irons. WM. W. BOGARDUS, Justice of the Peace.

END OF THE APPENDIX TO VOL. II.