Sheila Hickman: Tennessee’s first Constitution and getting ready for the Nov. 8 ballot

On Nov. 8, Tennesseans will vote to elect various representatives and to consider four amendments for Tennessee’s Constitution.  These amendments are part of a continuing process to make our constitution a living document responsive to the needs of our citizens. 

Tennessee’s first constitutional convention was held before Tennessee attained statehood. For four weeks in Knoxville beginning on January 11, 1796, a gathering of prominent Tennesseans met to draft such a document, a theory of social contract, to protect the rights of citizens and to establish government to support those rights.

Gov. William Blount, who had been appointed governor of the Southwest Territory, presided over the convention.  Many Tennesseans who were to be prominent in the coming years were participants.  Andrew Jackson and others who would become Tennessee governors and senators were present.

Tennessee’s General Assembly was to be composed of a Senate and a House of Representatives. Members of both houses were to be chosen by the people.  All men over 21 could vote if they had lived in their counties for six months.  Counties’ senators and representatives had to be at least 21 and own at least 200 acres of land. Legislators’ pay was not to exceed $1.75 per diem.

Governors could serve three two-year terms in succession. The age requirement was 25, and the land ownership 500 acres. The salary for governors could not exceed $750 per year.

The judicial department included one Supreme Court and Circuit, Chancery and other courts as the legislature deemed necessary with judges and justices of the peace.  Rules for electing judges and terms of office were established.  The original constitution states that no fine shall exceed fifty dollars unless the jury thought the fine should be more than $50.

Tennessee’s constitution could not become legal until Congress approved statehood.  Three days after the convention ended Joseph McMinn was sent to Philadelphia with the document.  Two months later George Washington submitted it to Congress for approval.

Alas, politics got in the way. Political parties had arisen. Both Federalists and Republicans wanted to elect the next president since George Washington did not choose to serve another term. Debate in Congress went on and on. One vote even refused to admit Tennessee as a state. When Senators William Blount and William Cocke arrived in Philadelphia, they gained support. The Senate agreed to establish statehood if Tennessee had only one seat in the House. This maneuver meant that the state would have only three electoral votes in the presidential race.

On June 1, 1796, President Washington signed the bill, and Tennessee became the 16th state. Jackson was sent to the House, and Tennessee’s electors cast their three votes for Thomas Jefferson and Aaron Burr, both Republicans.

One part of this constitution which is under consideration presently is the prohibiting of ministers of the Gospel holding seats in the legislature. Article IX is titled Disqualifications. Section One states: “Whereas Ministers of the Gospel as by their profession dedicated to God and the care 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.”

The reasoning was that the priest or minister remained devoted to his sacred calling rather than more mundane affairs. Thirteen states had such constitutional provisions in the late 18^th and early 19^th centuries.  Most states had removed these statutes by 1880. Only Maryland and Tennessee had this provision in the 20th century.

Rev. Paul McDaniel wanted to serve as a delegate to Tennessee’s constitutional convention. His challenger Selma Cash Patty sued to keep McDaniel off the ballot.  In 1977 unanimously the U.S. Supreme Court ruled the law unconstitutional because it violated the clause of free exercise of religion. After the court’s decision McDaniel ran for the county commission in Chattanooga and served 20 years.

For these four amendments to be added to the constitution, there are several requirements.  The amendment must receive more yes than no votes. Next, the number of yes votes must be a majority of the total votes in the governor’s race. The votes for all candidates for governor are added and divided by two. If there are more yes than no votes on the proposed amendment, and the number of yes votes exceeds 50% plus one of the total votes for governor, the amendment passes and becomes part of the constitution. If there are more no votes than yes votes in the accounting, the amendment fails.

To be added to the constitution the three other proposed amendments will meet the same criteria. Amendment One is the Right-to-Work, which reflects rise of the labor unions, and means that no one can be forced to pay union dues.   That is already a law, but the amendment will codify the rule. Amendment Two provides an emergency plan if the governor is temporarily unable to perform his duties. The Speaker of the Senate who is also Lt. Governor will assume the role until the governor can return. Amendment Three removes language in the constitution that permits slavery and involuntary servitude. It does not prohibit an inmate from working if he has been convicted of a crime.

The 1870 Constitution remained unchanged until 1953 when it was first amended.

Sources: Tennessee Blue Book 2021-2022; First Amendment Encyclopedia, and The Story of Tennessee by Parks and Folmsbee, 1973

This article originally appeared on The Daily Herald: Sheila Hickman: Tennessee’s first Constitution and what's on the ballot Nov. 8