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our constitution with the deepest of our political problems we will include a clause requiring the establishment and maintenance of a public school system adequate to enable us to require all children to attend school and gradually to increase the number of years and raise the standards. Furthermore, we will order that our state university must be so thoroughly supported, That increasingly more of our men and women, both young and old, will be enabled to attend it. In the university they may be trained to become technical and administrative experts and leaders in every field of public service.
This book commenced with the proposition that intelligent people formed the first essential of free government. It ends likewise upon the intelligence of the people depends the suc cess of democracy.
1. The Constitutions of Tennessee and the North Carolina Constitution of 1776.
IN the following pages are given the texts of each of the Tennessee Constitutions and their amendments, together with the North Carolina constitution of 1776, arranged in parallel columns. In the first column is the present constitution of Tennessee reproduced entire. In the second is the constitution of 1834; in those sections in which it is the same or nearly the same as the constitution of 1870, the word "identical," or "identical save"-for certain specified changes,-is placed in the second column opposite the corresponding section of the constitution of 1870. In the third column is the constitution of 1796 similarly compared, not with the constitution of 1870, but with that of 1834. That is to say, "identical" in the third column means identical with the section opposite it in the column giving the constitution of 1834. In the fourth column is given the entire text of the North Carolina constitution of 1776, similarly compared with the constitution of 1796. The object of the arrangement is to show the historical-development of each provision of the present constitution and with this in view the sections of the earlier constitutions have been transposed from their original order where necessary in order to be placed opposite the corresponding section, if any, of the succeeding constitution.
The Tennessee constitutions have each a preamble, eleven articles and a schedule. In the 1796 constitution the Declaration of Rights constitutes the last article and is accordingly transposed to first place, parallel with the later Declaration of Rights. In the Tennessee constitutions it has been unnecessary to transpose any section outside its original article. Except in 1853 and 1865 no separate amendments have ever been adopted.
The North Carolina constitution has only two main divisions, the Declaration of Rights and the Constitution or Form of Government. Those subdivisions which appear parallel to the Declaration of Rights of the Tennessee Constitutions are in the former unless marked "Const." Those elsewhere are in the constitution unless marked "D. R."
For the North Carolina constitution and the 18652 amendments the text as found in Thorpe's "Constitutions, Charters and Organic Laws" is depended upon. The text of the Tennessee Constitutions and of the Amendments of 1853 has been carefully compared with the originals in the offices of the Secretary of State and the State Archivist and is believed to be correct in wording, punctuation, spelling3 and general arrangement. No account is taken of capitalization, which, especially in the 1796 constitution, is extremely eccentric. The explanatory headings to the sections are not a part of the constitutions.
The Constitution of 1796 is written upon both sides of ordinary sheets of paper 91x14 inches and covers about 40 pages. It is tied into pamphlet form with pink ribbon.
The Constitution of 1834 with its Ordinance is inscribed upon a roll of parchment nearly 15 feet long and some 24 inches wide.
The Constitution of 1870 is inscribed in a handsome book of parchment, the pen pages of which measure about 103x17 inches. Including the signatures, etc., there are over 24 pages.
Save in a few instances where it is expressly compared with the 1870 text.
The original manuscript, if in the possession of the state archivist, has not as yet been catalogued.
The several cases of misspelled words and omitted letters are retained as in the original.
THE CONSTITUTION OF 1870.
ADOPTED IN CONVENTION AT NASHVILLE, FEBRUARY 23, 1870.
Ratified by the People March 26, 1870.
PREAMBLE AND DECLARATION OF RIGHTS.
Whereas, 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 Ohio River, by their delegates and representatives in convention assembled, did on the sixth day of February, in the year of our Lord one thousand seven hundred and ninetysix, ordain and establish a Constitution, or form of government, and mutually agreed with each other to form themselves into a free and independent State by the name of the State of Tennessee, and,
Whereas, the General Assembly of the said State of Tennessee (pursuant to the third section of the tenth article of the Constitution,) by an Act passed on the twenty-seventh day of November, in the year of our Lord one thousand eight hundred and thirty-three, entitled "An Act" to provide for the calling of a convention. passed in obedience to the declared will of the voters of the State, as expressed at the general election of August, in the year of our Lord one thousand eight hundred and thirty-three, did authorize and provide for the election, by the people, of delegates and representatives, to meet at Nashville, in Davidson County, on the third Monday in May, in the year of our Lord one thousand eight hundred and thirty-four, for the purpose of revising and amending, or changing, the Constitution, and said convention did accordingly meet and form a Constitution. which was submitted to the people, and was ratified by them, on the first Friday in March, in the year of our Lord one thousand eight hundred and thirtyfive, and,
THE CONSTITUTION OF 1834.
ADOPTED IN CONVENTION AT NASHVILLE, AUGUST 30, 1834.
Ratified by the People, March 5 and 6, 1835.
Whereas 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, by their delegates and representatives in convention assembled did on the sixth day of February in the year of our Lord one thousand seven hundred and ninety six, ordain and establish a constitution or form of government, and mutually agree with each other to form themselves into a free and independent State by name of "the State of Tennessee; and whereas the general assembly of said State of Tennessee pursuant to the third section of the tenth, article of the constitution, by an act passed on the twentyseventh day, of November in the year of our Lord one thousand eight hundred and thirty three entitled "An act to provide for the calling of a convention" did authorize and provide for the election by the people of delegates and representatives to meet at Nashville in Davidson County, on the third Monday in May in the year of our Lord one thousand eight hundred and thirty four, "for the purpose of revising and amending (or changing) the constitution."
We therefore the delegates and representatives of the people of the State of Tennessee elected and in convention assembled. in pursuance of the said act of assembly have ordained and established the following-"Amended constitution and form of government for this State which we recommend to the people of Tennessee for their ratification-that is to say.