CONSTITUTION OF THE STATE OF TENNESSEE ARTICLE I DECLARATION OF RIGHTS Sec. 1. That all power is inherent in the people, and all free gov- ernments 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 inde- feasible right to alter, reform, or abolish the government in such manner as they may think proper. Sec. 2. That government bring [probably should read "being"] insti- tuted for the common benefit, the doctrine of non-resistance against arbitrary power and oppression is absurd, slavish, and destructive of the good and happiness of mankind. Sec. 3. That all men have a natural and indefeasible right to wor- ship Almighty God according to the dictates of their own conscience; that no man can of right be compelled to attend, erect, or support any place of worship, or to maintain any minister 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 establishment or mode of worship. Sec. 4. That no political or religious test, other than an oath to support the Constitution of the United States and of this State, shall ever be required as a qualification to any office or public trust under this state. Sec. 5. That elections shall be free and equal, and the right of suffrage, as hereinafter declared, shall never be denied to any person entitled thereto, except upon a conviction by a jury of some infamous crime, previously ascertained and declared by law, and judgement thereon by court of competent jurisdiction. Sec. 6. That the right of trial by jury shall remain inviolate, and no religious or political test shall ever be required as a qualification for jurors. Sec. 7. 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 act committed, to seize any person or persons not named, whose offenses are not particularly described and supported by evidence, are dangerous to liberty and ought not to be granted. Sec. 8. That no 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 judgement of his peers or the law of the land. Sec. 9. That in all criminal prosecutions, the accused hath the 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 of presentment, a speedy pub- lic trial, by an impartial jury of the County in which the crime shall have been committed, and shall not be compelled to give evidence against himself. Sec. 10. That no person shall, for the same offense, be twice put in jeopardy of life or limb. Sec. 11. That laws made for the punishment of acts committed previous to the existence of such laws, and by them only declared criminal, are contrary to the principles of a free Govern- ment, wherefore no Ex post facto law shall be made. Sec. 12. That no conviction shall work corruption of blood or for- feiture of estate. The estate of such persons as shall destroy their own lives shall descend of [probably should read "or"] vest as in case of natural death. If any person be killed by casualty, there shall be no forfeiture in consequence thereof. Sec. 13. That no person arrested and confined in jail shall be treated with unnecessary rigor. Sec. 14. That no person shall be put to answer any criminal charge but by presentment, indictment or impeachment. Sec. 15. That all prisoners shall be bailable by sufficient sureties, unless for capital offenses, 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 General Assembly shall declare the public safety requires it. Sec. 16. That excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. Sec. 17. 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. Sec. 18. The legislature shall pass no law authorizing imprisonment for debt in civil cases. Sec. 19. That the printing presses shall be free to every person to examine the proceedings of the legislature; or of any branch or officer of the 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 liber- ty. But in prosecutions for the publication of papers inves- tigating the official conduct of officers, or men in public capacity, the truth thereof may be given in evidence; and in all indictments for libel, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other criminal cases. Sec. 20. That no retrospective law, or law impairing the obligation of contracts, shall be made. Sec. 21. That no man's particular services shall be demanded, or property taken, or applied to public use, without the con- sent of his representatives, or without just compensation being made therefor. Sec. 22. That perpetuities and monopolies are contrary to the genius of a free State, and shall not be altered. Sec. 23. 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 purposes, by address or remonstrance. Sec. 24. That the sure and certain 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 kept in strict subordination to the civil authority. Sec. 25. That no citizen of this state, except such as are employed in the army of the United States, or militia in actual ser- vices, 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, or others, to dispose of the person, 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 to bear arms for the common defense; but the legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime. Sec. 27. 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. 28. That no citizen of this State shall be compelled to bear arms, provided he will pay an equivalent, to be ascertained by law. Sec. 29. That an equal participation in the free navigation of the Mississippi, is one of the inherent rights of the citizen of this State; it cannot, therefore, be conceded 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. 31. [Deals with the boundaries of the State.] Sec. 32. That the erection of safe and comfortable prisons, the in- spection 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 convicted, are forever prohibited in this State. Sec. 34. The General Assembly shall make no law recognizing the right of property in man.