one Supreme Court

Circuit Court

Chancery Court

other inferior Courts as the legislature shall from time to time ordain establish

The Legislature may also vest such jurisdiction in Corporation Courts as may be deemed necessary.

Courts to be holden by Justices of the Peace may also be established

judicial power of the state is (present tense) vested in judges of the courts

the supreme court

circuit courts

chancery courts

courts of general sessions

criminal courts

common law and chancery courts

court of appeals

recorders of certain towns and cities

and other courts created by law

The judicial power of this State vs. the judicial power of the state. Under the authority Article I, Section 31 of the 1870 Constitution for the State of Tennessee the limits boundaries of this state are ascertained. While the term the state remain undefined by the constitution. However, under the authority of 4 U.S.C. § 110:

(d) The term ''State'' includes any Territory or possession of the United States.

(e) The term ''Federal area'' means any lands or premises held or acquired by or for the use of the United States or any department, establishment, or agency, of the United States; and any Federal area, or any part thereof, which is located within the exterior boundaries of any State, shall be deemed to be a Federal area located within such State.

One may conclude that the term, the state, as used in T.C.A. 16-1-101 refers to a federal area as described by 4 U.S.C. § 110. Subsequent sections of this article show further evidence in support of this conclusion. The operation of a judicial system in "the state", i.e. federal area, by state offiicals constitutes the felony of Official Misconduct, as defined under the authority of T.C.A. 39-16-103 (2), AGAINST THE PEACE AND DIGNITY OF THE State.

Of note is the fact that the constitution uses a future tense verb, shall be vested, indicating a action yet to occur. The T.C.A. on the other hand, uses the present tense verb, is vested, indicating a action now occurring.

Most significantly, in the constitution judicial power shall be vested in courts and Judges thereof. In T.C.A. the judicial power is vested in judges of the courts, and the courts themselves have no judicial power. When state officials allow our courts to become powerless by enacting legislation such as T.C.A. 16-1-101 they willfully commit the felony of Official Misconduct, as defined under the authority of T.C.A. 39-16-103 (2), AGAINST THE PEACE AND DIGNITY OF THE State. The significance of committing this felony becomes more apparent as one gains a full understanding of the history and nature of the judiciary in Tennessee.

In the constitution the one Supreme Court is spelled with initial capitals, designating it as a proper noun. The supreme court in T.C.A. is spelled in all minuscules indicating that it is a common noun. This same pattern is observed in the spelling of Circuit Courts (constitution) vs. circuit courts (T.C.A.), and Chancery Court (constitution) vs. chancery courts (T.C.A.). Edward P. J. Corbett and Sheryl L. Finkle in The Little English Handbook, Eighth Edition (1998) Longman, New York state on pages 153 - 155:

In general, the convention governing capitalizations that the first letter of the proper name (that is, the particular or exclusive name) of persons, places, things, institutions, agencies, nations, and such should be capitalized. While the tendency today is to use lowercase letters for many words that were formerly written or printed with capital letters. . ., the use of capital letters still prevails in the written medium in :. . . The names and abbreviations of businesses, industries, institutions, agencies, schools, political parties, religious denominations, and philosophical, scientific, literary, and artistic movements.

The constitution continues ". . . other inferior Courts as the legislature shall from time to time ordain establish." The T.C.A. lists as these presumed "other inferior courts" criminal courts, common law and chancery courts, and a court of appeals. The T.C.A.'s provision of vesting judicial power in "recorders of certain towns and cities", appears without any constitutional authority, unless regarded as one of the other inferior courts.

The constitution provides that, "The Legislature may also vest such jurisdiction in Corporation Courts as may be deemed necessary." In T.C.A. this is presumably covered under "and other courts created by law."

The constitution concludes, "Courts to be holden by Justices of the Peace may also be established." Latter we shall give the history of the conversion of Justices of the Peace courts to the courts of general sessions.

Having completed an analyses and comparison of the constitutional vesting of judicial power and the vesting of judicial power in T.C.A., one may proceed to an actual examination of each of the courts listed in T.C.A. The importance of this examination lies in the absence of certain courts from the remainder of the T.C.A. This absence serves as an indicator of problems with the judicial system now in place in Tennessee. As will be seen this absence creates an ongoing commission of the felony of Official oppression, as defined under the authority of T.C.A. 39-16-403 (2), AGAINST THE PEACE AND DIGNITY OF THE State.

The courts of Tennessee

Having examined the differences between the constitutional an legislative vesting of judicial powers in the State of Tennessee, the next logical step is to examine the courts actually existing in Tennessee. One only begins to understand the judiciary of Tennessee, as one studies not only the nature of the courts existing in Tennessee, but also the history of the bench in Tennessee. This section undertakes a complete examination and investigation of the current judiciary in Tennessee and its history.

Under the authority of T.C.A. 16-1-101 the General Assembly of Tennessee declares the Vesting of judicial power.

The judicial power of the state is vested in judges of the courts of general sessions, recorders of certain towns and cities, circuit courts, criminal courts, common law and chancery courts, chancery courts, court of appeals, and the supreme court, and other courts created by law

Courts of general sessions are conferred with judicial power by T.C.A. 16-1-101, and have been created in CHAPTER 15 of T.C.A.

(a) Effective September 1, 1960, there is created and established a court in and for each county of Tennessee, except in counties having a population of not less than nine thousand one hundred seventy-five (9,175) nor more than nine thousand two hundred (9,200) according to the last federal census or any subsequent federal census, which shall be designated as the court of general sessions.

(b) [Deleted by 1998 amendment.]

(c) It is the intent of this section to hereby create a general sessions court in every county not expressly excepted in this section. In any county where a general sessions court has been created pursuant to the general provisions of this chapter, it is intended that such county shall always have a general sessions court unless abolished by another general statute. In counties in which there is no court of general sessions as provided in this section, references in this Code to the court of general sessions are deemed to include the court having the jurisdiction of the court of general sessions in such counties.

[Acts 1959, ch. 109, §§ 1, 22; 1959, ch. 255, § 1; 1959, ch. 265, § 1; 1961, ch. 30, § 1; 1961, ch. 51, § 1; 1961, ch. 188, § 1; 1963, ch. 307, §§ 1, 2; 1965, ch. 116, § 1; 1974, ch. 507, § 1; 1976, ch. 738, § 1; 1979, ch. 68, § 1; T.C.A., § 16-1101; Acts 1998, ch. 573, § 1.]

The general sessions courts arise from the ancient office of justice of the peace. The story of the development of General Sessions Courts from the courts of the Justices of Peace is recorded in Tennessee Jurisprudence, 17 Tenn. Juris., Justices of the Peace and General Sessions Courts,

§ 2. "... The effect of the statutes creating sessions courts was to transfer the jurisdiction of justices of the peace to the general sessions court." ...Nature of Office. -- Justices of the peace performed judicial functions in holding court and deciding matters of litigation arising between parties: they were county officers in the sense that their jurisdiction was coextensive with the county. The office was of great importance to the people at large, as it opened the door of justice near their homes, and not only afforded a cheap and speedy remedy for minor grievances as to the right of property, but also rendered substantial aid in the prevention and punishment of crime.

The office of justice of the peace was subject to limitations in its scope and perquisites, and the imposition of conditions. Thus, the restriction imposed upon the jurisdiction of the justice rested upon the assumption of the General Assembly that this domestic tribunal was generally unlearned in law and not always a safe jurisdiction for rights and remedies important in value and amount.

The office of justice of the peace was not one of those places of trust or profit contemplated by the clause of the constitution which forbids one person at the same time to hold two offices, and it was not a lucrative office.

A justice of the peace was not an "inferior judge" within the constitution provisions that inferior judges should not be allowed fees or perquisites of office, nor hold office of trust or profit in the state or in the United States.

Jurisdiction. -- In addition to the general grant of jurisdiction to courts of general session that formerly was conferred on justices of the peace, both civil and criminal, the present statutory grant of jurisdiction to courts of general session in extended to those created by private act. By amendment, the monetary limit to jurisdiction in civil cases has been increased. General sessions courts are courts of record having jurisdiction in criminal cases which is the same as that of a magistrate prior to the creation of the general sessions court. The jurisdiction of general sessions courts, when not otherwise provided, is geographically coextensive with the limits of their respective counties. There is no general law in Tennessee mandatorily setting forth jurisdictional limits of courts of general sessions or prescribing requisite qualifications of judges of those courts....

Justices's Court. -- Under the Tennessee Constitution courts to be holden by justices of the peace could be established. A magistrate's court has been deemed a court of law.[that is a common-law court] A "justice's court was a judicial tribunal and, within its jurisdiction, was vested with all the powers of a court of record. However, a justice's court was not a "court of record.". . .

§ 13. Generally -- The jurisdiction and powers of the justices of the peace were largely subject to the will of the General Assembly. Thus, justices of the peace had no judicial power or authority, in civil cases, except such as was expressly conferred upon them by statute; and the exercise of jurisdiction in question would, therefore, require an express grant of the power. By statute, a general sessions court judge is authorized to try any cause that may be brought before him at any time and any place within the county, unless expressly prohibited by some positive statutory provision.

§ 14. Amount of Controversy The statute confers jurisdiction on courts of general sessions in civil cases of sums up to a certain dollar amount [T.C.A. 16-15-501 (d)(1) $15,000], but confers unlimited original jurisdiction in cases of forcible entry and detainer and in actions to recover personal property, including in the latter instance, jurisdiction to award an alternative money judgment [T.C.A. 16-15-501 (d)(2) $25,000]. . . .

§ 15. Equitable Jurisdiction. -- A judge of the general sessions courts has equitable jurisdiction where the amount does not exceed a certain dollar amount [T.C.A. 16-15-501 (d)(1) $15,000]. The statutes nowhere vested justices of the peace with any of powers of chancellor, or a justice's court with any of the extraordinary jurisdiction of chancery, all that they undertook was to say that when any case came before a justice under the express jurisdiction elsewhere conferred upon him, and the amount does not exceed the prescribed dollar amount, he should here and determine it upon principles of equity....

§ 24. Generally. -- Civil actions in general sessions courts are commenced by warrant signed and issued by the clerk. . . . Now forcible entry and detainer suits are to be tried by a single sessions judge without the intervention of a jury....

§ 26. Warrant or Summons -- Generally -- A justice's warrant did not charge separate counts; it simply gave notice to the defendant of the nature of the cause of action and damage claimed....

Under the authority of T.C.A. 16-1-101 (a) Effective September 1, 1960, there is created and established a court of General Sessions in and for each county of Tennessee, The creation of the courts of General Sessions transferred the jurisdiction of justices of the peace to the general sessions court" (17 Tenn. Juris., Justices of the Peace and General Sessions Courts § 2). Under the authority of the 1796 Constitution for the State of Tennessee, Article V, Section 12: There shall be justices of the peace appointed for each county, not exceeding two for each captain's company, except for the company, which shall not exceed three, who shall hold their office during good behavior.

The enactment of T.C.A. 16-1-101 (a) created a breach of the organic trust instrument styled 1796 Constitution for the State of Tennessee, and the discontinuation of courts holden by justices of the peace. Said breach of trust, and its ongoing support constitutes an unauthorized exercise of power, which under the authority of T.C.A. 39-16-401, (A)(a)(1) and (2) the ongoing replacement of justices of the peace courts with general sessions courts by officials is a commission of the FELONY of OFFICIAL MISCONDUCT, Against the peace and the dignity of the State.

Under the authority of Article VI, Section 7 of the 1870 (and onward) Constitution for the state of Tennessee:

The Judges of the Supreme or Inferior Courts, shall, at stated times, receive a compensation for their services, to be ascertained by law, which shall not be increased or diminished during the time for which they are elected. They shall not be allowed any fees or perquisites of office nor hold any other office of trust or profit under this State or the United States

Under the authority of Article VI, Section 4 of the 1870 (and onward) Constitution for the state of Tennessee:

The Judges of the Circuit and Chancery Courts, and of other inferior Courts, shall be elected by the qualified voters of the district or circuit to which they are to be assigned. Every Judge of such Courts shall be thirty years of age, and shall before his election, have been a resident of the State for five years and of the circuit or district one year. His term of service shall be eight years. [These judges are elected for eight years]

Under the Authority of T.C.A. 16-15-5003.

(f) (1) On July 1, 1991, the base salaries established by this section shall be adjusted in accordance with the provisions of subdivision (f)(2) to reflect the percentage of change in the average consumer price index (all items - city average) as published by the United States department of labor, bureau of labor statistics, between calendar year 1989 and calendar year 1990. Each succeeding July 1, a similar adjustment shall be made upon the percentage of change in the average consumer price index between the two (2) calendar years preceding July 1 of the year in which the adjustment is made. However, no reduction shall be made by way of adjustment on account of any decrease in the average consumer price index between the two (2) successive calendar years.

(2) For each two percent (2%) increase in the average consumer price index between two (2) successive calendar years, the base salaries shall be adjusted by one percent (1%). No annual adjustment shall exceed four percent (4%) regardless of the increase in the average consumer price index between any two (2) successive calendar years. Annual adjustments shall be made upon the base salary set out in subsection (a) and such adjustment shall not include any supplement that may be received pursuant to subsection (b) or (c).

Judges of the Courts of General Session receiving compensation under T.C.A. 16-15-5003 violate the provision of Article VI, Section 7 of the 1870 (and onward) Constitution for the state of Tennessee: stating that the inferior courts, shall, at stated times, receive a compensation which shall not be increased or diminished during the time for which they are elected.

As officials are allowing for the ongoing and continuing violation of Article VI, Section 7 of the 1870 (and onward) Constitution for the state of Tennessee they are committing the FELONY of OFFICIAL MISCONDUCT, AGAINST THE PEACE AND DIGNITY OF THE State.

Recorders of certain towns and cities are conferred with judicial power by T.C.A. 16-1-101.

Recorder, A magistrate, in the judicial system of some states, who has criminal jurisdiction analogous to that of a police judge or other committing magistrate, and usually a limited civil jurisdiction, and sometimes authority conferred by statute in special classes of proceedings. An officer appointed to make record of enrollment of deeds and other legal instruments authorized by law to be recorded. A local government officer in whose office deeds, mortgages, liens, and other instruments are registered [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

Under the authority of T.C.A. 6-54-120 (a) (1) Examples of duties commonly exercised by municipal recorders and clerks include, but are not limited to:

(A) Taking the minutes and keeping a record of business transacted at meetings of the legislative body;

(B) Preserving the minutes in permanent form;

(C) Acting as custodian of and preserving the public records of the city, including original copies of ordinances, minutes of the legislative body, contracts, bonds, title deeds, and other official papers, records and documents; and

(D) Providing copies and certifying copies of official records, papers and documents.

One may take judicial notice that the Recorder, as described in T.C.A. 6-54-120 (a)(1), performs the duties of prthonotary, or chief scribe of the county.

One may also take judicial notice that elected county-commissioners and recorders are ignorant of the fact that they are common law venue Justices' in purview of Chapter 45 of Magna Charta, "We will not make Justiciaries, Constables, Sheriffs, or Bailiffs, excepting of such as know the laws of the land, and are well disposed to observe them." More will be said about this in relation to the Supreme Court.

Under the authority of T.C.A. 6-54-401:

It is the duty of the mayors, commissioners, council members, aldermen, chiefs of police, recorders, municipal judges, marshals, and police officers of each municipal corporation, to faithfully maintain and enforce, within the corporate limits of their respective municipalities, the statute laws relating to lewdness, drunkenness, gaming, and the sale and manufacture of intoxicating liquors, by having arrested and arraigned for trial all persons violating such laws with their knowledge, and by taking such other proceedings against such violators as may be authorized and provided by the ordinances of such municipalities.

Circuit courts are conferred with judicial power by T.C.A. 16-1-101, and have been combined with the criminal courts under the authority of CHAPTER 10 of title 16 of T.C.A.

Under the authority of T.C.A. 16-10-101. General jurisdiction.

The circuit court is a court of general jurisdiction, and the judge thereof shall administer right and justice according to law, in all cases where the jurisdiction is not conferred upon another tribunal. [Code 1858, § 4225 (deriv. Acts 1835-1836, ch. 5, § 7); Shan., § 6063; Code 1932, § 10318; T.C.A. (orig. ed.), § 16-501.]

Under the authority of T.C.A. 16-10-102. Criminal jurisdiction.

The circuit court has exclusive original jurisdiction of all crimes and misdemeanors, either at common law or by statute, unless otherwise expressly provided by statute or this Code. [Code 1858, § 4226 (deriv. Acts 1835-1836, ch. 19, § 3); Shan., § 6064; mod. Code 1932, § 10319; T.C.A. (orig. ed.), § 16-502.]

The forerunner of the circuit court was the superior court of law of North-Carolina.

The compensation of circuit court judges is covered bellow.

Criminal courts have been combined with the circuit courts in CHAPTER 10 of title 16 of T.C.A., see sections below for applicable information on the criminal courts.

Common-law and chancery courts are conferred with judicial power by T.C.A. 16-1-101. Subsequent chapters of T.C.A. 16 DO NOT list or further discuss common law courts, but common law courts are mentioned elsewhere in T.C.A.

Under the authority of T.C.A. 5-2-108. New or altered counties - Pending litigation.

(b) When the plaintiff and defendant in any litigation both reside in a new county established by law, the litigation, if pending in one (1) of the old counties from which the new county is taken, may be transferred to the court established for the new county, either common law, chancery, or criminal, according to the nature of the case.

Under the authority of T.C.A. 8-6-207. Distribution of state-owned reports.

(a) The comptroller of the treasury shall furnish each judge and chancellor and each circuit, chancery, criminal and common law court with a copy of each volume of such reports, gratis, and shall, in like manner, deposit with the secretary of state twenty-five (25) copies of each volume, to remain in that office subject to the direction of the general assembly, and shall also deliver to the state librarian copies requested, to be exchanged with departments and libraries of the United States, and of the several states and territories, and the librarian shall immediately distribute the same at the expense of the state.

Under the authority of T.C.A. 10-7-101. "Records" construed.

"Records," as used in this part, shall be construed to mean any records of the county legislative body and common law [court], circuit, criminal, or chancery court, the register's books, the surveyor's and entry taker's book, and all other public records, required by law to be kept in the several courts of this state.

Under the authority of T.C.A. 10-7-10 and the absence of other references to the common-law courts, one must conclude that the county-commissioners compose a quorum of common-law Justices' sitting as county legislative body and common law court, although these bodies are ignorant of that fact.

Chancery courts are conferred with judicial power by T.C.A. 16-1-101, and have been created in CHAPTER 11 of title 16 of T.C.A.

Under the authority of T.C.A. 16-11-101. General powers. The chancery court has all the powers, privileges, and jurisdiction properly and rightfully incident to a court of equity. [Code 1858, § 4279 (deriv. Acts 1835-1836, ch. 4, § 1); Shan., § 6088; mod. Code 1932, § 10349; T.C.A. (orig. ed.), § 16-601.]

One must take judicial notice that if one traces the chancery court to its origin in England, one discovers that the chancery court was specifically created to deliver justice in an equitable jurisdiction, evidence of this conclusion is given below.

Under the authority of T.C.A. 16-11-102 Jurisdiction of civil causes - Transfer to circuit court.

(a) The chancery court has concurrent jurisdiction, with the circuit court, of all civil causes of action, triable in the circuit court, except for unliquidated damages for injuries to person or character, and except for unliquidated damages for injuries to property not resulting from a breach of oral or written contract; and no demurrer for want of jurisdiction of the cause of action shall be sustained in the chancery court, except in the cases excepted.

(b) Any suit in the nature of the cases excepted above brought in the chancery court, where objection has not been taken by a plea to the jurisdiction, may be transferred to the circuit court of the county, or heard and determined by the chancery court upon the principles of a court of law. [Acts 1877, ch. 97, §§ 1, 2; 1915, ch. 47; Shan., § 6109; mod. Code 1932, § 10377; Acts 1977, ch. 294, § 1; T.C.A. (orig. ed.), § 16-602.]

Under the authority of T.C.A. 16-11-103. Jurisdiction of equity causes.

The chancery court has exclusive original jurisdiction of all cases of an equitable nature, where the debt or demand exceeds fifty dollars ($50.00), unless otherwise provided by this Code. It has no jurisdiction of any debt or demand of less value than fifty dollars ($50.00), unless otherwise specifically provided. [Code 1858, §§ 4280, 4281 (deriv. Acts 1801, ch. 6, § 1; 1835-1836, ch. 4, § 1); Shan., §§ 6089, 6090; mod. Code 1932, §§ 10350, 10351; T.C.A. (orig. ed.), § 16-603.]

Court of Chancery. A court administering equity and proceeding according to the forms and principles of Equity. In England, prior to the Judicature Acts of 1925 (whereby the court was supersede by the chancery Division), the style of the court possessing the largest equitable powers was the "High Court of Chancery." By the Supreme Court of Judicature Act, 1925, all three divisions of High Court administer both law and equity. In some of the United States, the title "court of chancery" is applied to a court possessing general equity powers, distinct from the courts of law. Courts of chancery (equity courts) have been abolished by all states that have adopted the Rules of Civil Procedure. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990].

Under the Authority of T.C.A. 21-1-802. Mesne and final process - Common law writs.

Courts of chancery are further authorized to issue such process, mesne and final, as has been used in such courts; and all writs for the collection of money, or to obtain the possession of real or personal property, in use in the common law courts, may be adapted to the execution of decrees in the courts of chancery.

Under the Authority of Tennessee Rules of Civil Procedure, Rule 2, One Form of Action, "All actions in law or equity shall be known as a "civil action."

Court of Law. In a wide sense, any duly constituted tribunal administering the laws of a state or nation; in a narrower sense, a court proceeding according to the course of the common law and governed by its rules and principles, as contrasted with a "court of equity" [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990].

The compensation of chancellors is covered below.

One must conclude that the equitable nature of the Chancery Court excludes it from exercising common-law jurisdiction, although under the authority of T.C.A. 21-1-802 the Chancery Court uses common law writs as mesne and final process.

The Court of appeals is conferred with judicial power by T.C.A. 16-1-101 and established in CHAPTER 4 of tile 16 of T.C.A.

Under the authority of T.C.A. 16-4-101. Establishment. There shall be an appellate court composed of twelve (12) judges, styled "the court of appeals."

Under the authority of T.C.A. 16-4-108 Jurisdiction - Venue.

(a) (1) The jurisdiction of the court of appeals is appellate only, and extends to all civil cases [i.e equity and law combined per Tennessee Rules of Civil Procedure, Rule 2] except workers' compensation cases and appeals pursuant to § 37-10-304(g).

(2) All cases within the jurisdiction thus conferred on the court of appeals shall, for purposes of review, be taken directly to the court of appeals in the division within which the case arose, the eastern division to include Hamilton County and the western division to include Shelby County. As to all other cases, the exclusive right of removal and review is in the supreme court. Any case removed by mistake to the wrong court shall by such court be transferred to the court having jurisdiction thereof, direct.

(b) The court of appeals also has appellate jurisdiction over civil or criminal contempt arising out of a civil matter.

[Acts 1925, ch. 100, § 10; Shan. Supp., § 6325a10; Code 1932, § 10618; Acts 1951, ch. 9, § 1; 1951, ch. 66, § 1; 1977, ch. 390, § 1; T.C.A. (orig. ed.), § 16-408; Acts 1989, ch. 40, § 3; 1989, ch. 147, § 2; 1992, ch. 952, § 2.]

The compensation of court of appeals judges is covered below.

One must conclude that the equitable nature of the Court of appeals excludes it from exercising common-law jurisdiction.

The Court of criminal appeals is conferred with judicial power as one of the "other courts created by law" by T.C.A. 16-1-101 and established in CHAPTER 5 of title 16 of T.C.A.

Under the Authority of T.C.A. 16-5-101. Court of criminal appeals established. There is hereby created and established an appellate court in the state of Tennessee to be designated and styled the "court of criminal appeals of Tennessee."

Under the authority of T.C.A. 16-5-108 Jurisdiction

(a) The jurisdiction of the court of criminal appeals shall be appellate only, and shall extend to review of the final judgments of trial courts in:

(1) Criminal cases, both felony and misdemeanor;

(2) Habeas corpus and Post-Conviction Procedure Act proceedings attacking the validity of a final judgment of conviction or the sentence in a criminal case, and other cases or proceedings instituted with reference to or arising out of a criminal case;

(3) Civil or criminal contempt arising out of a criminal matter; and

(4) Extradition cases.

(b) The court or any judge thereof shall also have jurisdiction to grant petitions for certiorari and supersedeas in proper cases within its jurisdiction as provided by law.

[Acts 1967, ch. 226, § 8; 1971, ch. 156, § 1; T.C.A., § 16-448; Acts 1989, ch. 40, § 1; 1994, ch. 609, § 1.]

The compensation of criminal appeals court judges is covered below.

County courts are conferred with judicial power as one of the "other courts created by law" by T.C.A. 16-1-101 and established in CHAPTER 16 of T.C.A. Part 1.

Under the authority of T.C.A. 16-16-101. Establishment.

A court is established in each county for the dispatch of probate and other business entrusted to it, to be called the county court. [Code 1858, § 127 (deriv. Acts 1835-1836, ch. 6, § 1); Shan., § 221; Code 1932, § 161; modified; T.C.A. (orig. ed.), § 16-701.]

Under the authority of T.C.A. 16-16-107. Original jurisdiction.

The county court has original jurisdiction in the following cases:

(1) The probate of wills;

(2) The granting of letters testamentary and of administration, and the repeal and revocation thereof;

(3) All controversies in relation to the right of executorship or of administration;

(4) The settlement of accounts of executors and administrators;

(5) The partition and distribution of the estates of decedents; and for these purposes, the power to sell the real and personal property belonging to such estates, if necessary to make the partition and distribution, or if manifestly for the interest of the parties;

(6) To sell real estate for the payment of debts of a decedent as provided in former §§ 30-602 and 30-603;

(7) The appointment and removal of guardians for minors and persons of unsound mind, and all controversies as to the right of guardianship, and the settlement of guardian accounts;

(8) The partition, sale, or division of land;

(9) The changing of names and the legitimation of children;

(10) The issuance of inquisitions of unsoundness of mind; and

(11) The binding out of apprentices, and all controversies between master and apprentice. In counties having a county judge, the county judge shall have the powers above enumerated.

[Code 1858, §§ 4201, 4202 (deriv. Acts 1797, ch. 41; 1805, ch. 2, § 1; 1815, ch. 115; 1835-1836, ch. 6, § 2; 1849-1850, ch. 27, § 1; 1849-1850, ch. 77, § 1; 1849-1850, ch. 185, § 1; 1851-1852, ch. 338, §§ 1, 2; 1853-1854, ch. 53, § 1); Acts 1873, ch. 64, § 1; Shan., §§ 6027, 6029; Code 1932, §§ 10225, 10227; impl. am. Acts 1951, ch. 202; Acts 1976, ch. 529, § 5; T.C.A. (orig. ed.), § 16-709.]

The compensation of county court judges is covered below.

City Courts in Home Rule Municipalities: Chapter 17 of T.C.A.

Under the authority of T.C.A. 16-17-101. Establishment.

(a) In all home rule municipalities, the governing bodies are authorized to establish city courts to try violations of municipal ordinances, and in those municipalities which now have city courts, the governing bodies may increase the number of divisions of same.

(b) The governing bodies of all home-rule municipalities may also decrease the number of divisions of city courts by ordinance, but no such division shall be eliminated except when a term of a city court judge expires or when a vacancy in the office of city court judge exists.

[Acts 1972, ch. 778, § 1; T.C.A., § 16-1201; Acts 1994, ch. 712, § 1.]

Under the authority of T.C.A. 16-17-103. Judges - Power and authority.

The judges so appointed or elected shall have full power and authority to try and dispose of violations of municipal ordinances and have all other powers touching upon the arrest and preliminary trial, discharging, binding over, of all persons charged with offenses against the state committed in the city or municipality.

[Acts 1972, ch. 778, § 3; T.C.A., § 16-1203.]

Under the authority of T.C.A. 16-18-101. Governing body may provide for office of municipal judge.

In any municipality in this state having a mayor's court or a municipal court presided over by the mayor of the municipality or the city recorder of the municipality and having no other provision for a municipal judge for such municipality, the governing body of the municipality is authorized by ordinance to provide for the office of municipal judge.

[Acts 1973, ch. 330, § 1; 1975, ch. 231, § 1; T.C.A., § 17-123; modified; T.C.A., § 17-1-501.]

Under the authority of T.C.A. 16-18-201. Ordinances - Election.

Any incorporated city or town may by ordinance provide for the election of a city judge or judges by popular vote. The popular election of the judge or judges may be an alternative to the method provided in the charter or applicable general law provisions or in addition to that method, with one (1) or more judges being chosen under charter or applicable general law provisions and one (1) or more being chosen by popular vote pursuant to this part. In the election for city judge, only qualified voters of the city or town may vote.

Under the authority of T.C.A. 16-18-205. Salary.

a) The salary of the popularly elected city judge shall be established in one (1) of the following ways:

(1) The salary may be fixed by the governing body by ordinance or resolution prior to the term of office and shall not be increased nor diminished during the term;

(2) The salary shall be set in private act or general law charter provisions or other general law provisions applicable to the particular city or town. Present salary provisions in charters that are applicable to nonpopularly elected city judges may be used for popularly elected judges, and may be amended from time to time as long as the salary is neither increased nor diminished during the term of office. If there is no charter or general law provision applicable to the particular city or town setting the city judge's salary, the salary of the popularly elected judge shall be as follows:

Under the authority of Chattanooga City Code, Chapter 12 City Court, Article iii. City Judges:

Sec. 12-50. City Judges - rate of pay.

The City Judge(s) of the City of Chattanooga shall be paid the same salary as General Sessions Judges of Hamilton County [see General Sessions Courts above], Tennessee, except that their pensions shall be computed in accordance with the General Pension Plan of the City rather than whatever plan participated in by said General Sessions Judges. (Ord. No. 10150, § 1, 12-20-94)

Origin of the Present Supreme Court of Tennessee

Under the authority of Article VI: Sec. 2. of the 1870 Constitution for the State of Tennessee

The Supreme Court shall consist of five Judges, of whom not more than two shall reside in any one of the grand divisions of the State. The Judges shall designate one of their own number who shall preside as Chief Justice. The concurrence of three of the Judges shall in every case, be necessary to a decision. The jurisdiction of this 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. Said Court shall be held at Knoxville, Nashville and Jackson.

Under the authority of Chapter XXIV, Acts of 1870 p. 42, entitled "An act to Organize the Supreme Court of Tennessee in Pursuance of Article VI, Section 2, 3, and 5, and of Section 2 of the Schedule of the Constitution, the 1870 Supreme Court of the State of Tennessee was created.

Jurisdiction of the present supreme court of Tennessee

Under the authority of T.C.A. 16-3-201. Jurisdiction.

(a) The jurisdiction of the court is 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 upon the present supreme court.

(b) The court has no original jurisdiction, but appeals and writs of error, or other proceedings for the correction of errors, lie from the inferior courts and court of appeals of law and equity, within each division, to the supreme court as provided by this code.

(c) The court also has jurisdiction over all interlocutory appeals arising out of matters over which the court has exclusive jurisdiction.

(d) (1) The supreme court may, upon the motion of any party, assume jurisdiction over an undecided case in which a notice of appeal is filed before any intermediate state appellate court after June 22, 1992.

(2) The provisions of subdivision (d)(1) apply only to cases of unusual public importance in which there is a special need for expedited decision and which involve:

(A) State taxes;

(B) The right to hold or retain public office; or

(C) Issues of constitutional law.

(3) The supreme court may, upon its own motion, when there is a compelling public interest, assume jurisdiction over an undecided case in which a notice of appeal is filed with an intermediate state appellate court.

(4) The supreme court may by order take such actions necessary or appropriate to the exercise of the authority vested by this section.

(e) Notwithstanding the provisions of § 2-17-116, appeals of actions under title 2, chapter 17, part 1 (relative to election contests) shall be to the court of appeals in accordance with the Tennessee Rules of Appellate Procedure.

[Code 1858, § 4496 (deriv. Acts 1822, ch. 13, § 4); Acts 1870, ch. 24, § 8; Shan., §§ 377, 6329; mod. Code 1932, §§ 634, 10631; T.C.A. (orig. ed.), § 16-304; Acts 1989, ch. 40, § 2; 1992, ch. 952, §§ 11, 12; 1994, ch. 573, § 1.]

Under the presumed authority Article VI: Sec. 2. of the 1870 Constitution for the state of Tennessee

The jurisdiction of this 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. Said Court shall be held at Knoxville, Nashville and Jackson.

Composition of the present supreme court of Tennessee

Under the authority of T.C.A. 16-3-101. Composition - Election of judges - Qualifications - Concurrence necessary for decisions.

(a) The supreme court shall consist of five (5) judges, one (1) of whom shall reside in each grand division, and not more than two (2) in the same grand division.

(b) Judges of the supreme court shall be elected as follows: one (1) of the supreme court judges shall be elected from each of the three (3) grand divisions and two (2) of the supreme court judges shall be elected from the state at large. Each candidate shall reside in the grand division for which the candidate is elected and the two (2) candidates elected for the state at large shall not reside in the same grand division.

(c) Each judge shall be thirty-five (35) years of age and shall, before election, have been a resident of the state for five (5) years.

(d) A judge's term of office shall be eight (8) years.

Under the presumed authority of Article VI: Sec. 2. of the 1870 Constitution for the state of Tennessee

The Supreme Court shall consist of five Judges, of whom not more than two shall reside in any one of the grand divisions of the State.

Under the presumed authority of Article VI Sec. 3. of the 1870 Constitution for the state of Tennessee

The Judges of the Supreme Court shall be elected by the qualified voters of the State. The Legislature shall have power to prescribe such rules as may be necessary to carry out the provisions of section two of this article. Every Judge of the Supreme Court shall be thirty-five years of age, and shall before his election have been a resident of the State for five years. His term of service shall be eight years.

The Chief Justice

Under the authority of T.C.A. 16-3-102. Chief justice.

After their election and qualification, the judges shall designate one (1) of their number who shall preside as chief justice. [Acts 1870, ch. 24, § 11; Shan., § 376; Code 1932, § 633; T.C.A. (orig. ed.), § 16-302., See Exhibit 030]

Under the presumed authority Article VI: Sec. 2. of the 1870 Constitution for the state of Tennessee

The Judges shall designate one of their own number who shall preside as Chief Justice.

Concurrence of judges

Under the authority of T.C.A. 16-3-101

(e) The concurrence of three (3) of the judges [i.e. 3/5 of the judges] is necessary to a decision in every case.

[Code 1858, § 4495 (deriv. Acts 1835-1836, ch. 3, § 1); Acts 1870, ch. 24, §§ 1, 6, 9, 10 (as mod. by Const., art. 6, §§ 2, 3); Shan., §§ 375, 6328; Code 1932, §§ 632, 10630; modified; Acts 1974, ch. 708, § 1; T.C.A., §§ 2-308, 2-3-202; T.C.A. (orig. ed.), § 16-301. See Exhibit 31]

Under the presumed authority of Article VI: Sec. 2. of the 1870 Constitution for the State of Tennessee.

The concurrence of three of the Judges shall in every case, be necessary to a decision.

Supervision of Inferior Courts

Under the authority of T.C.A. 16-3-501. Inferior courts - Supervisory control.

In order to ensure the harmonious, efficient and uniform operation of the judicial system of the state, the supreme court is hereby granted and clothed with general supervisory control over all the inferior courts of the state. [Acts 1970, ch. 422, § 1; T.C.A., § 16-330.]

Under the authority of T.C.A. 16-3-503. Inherent power of court.

The general assembly hereby declares that this part is declaratory of the common law as it existed at the time of the adoption of the constitution of the state of Tennessee, and of the power inherent in a court of last resort.

Under the presumed authority of Article VI: Sec. 2. of the 1870 Constitution for the State of Tennessee]

The Supreme Court shall consist of five Judges, of whom not more than two shall reside in any one of the grand divisions of the State. The Judges shall designate one of their own number who shall preside as Chief Justice. The concurrence of three of the Judges shall in every case, be necessary to a decision. The jurisdiction of this 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. Said Court shall be held at Knoxville, Nashville and Jackson.

Under the authority of Chapter XXIV, Acts of 1870 p. 42 [See Exhibit 030], entitled "An act to Organize the Supreme Court of Tennessee in Pursuance of Article VI, Section 2, 3, and 5, and of Section 2 of the Schedule of the Constitution, the 1870 Supreme Court of the State of Tennessee was created.

Under the presumed Article VI: Sec. 2. of the 1834 Constitution for the State of Tennessee:

The Supreme Court shall consist of three Judges, one of whom shall reside in each of the grand divisions of the State. The concurrence of two of the Judges shall, in every case, be necessary to a decision. The jurisdiction of this 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. Said courts shall be held at one place only, in each of the three grand divisions of the State.

Under the authority of the Acts of 1822, ch 13 § 4 "the Supreme Court shall not possess original jurisdiction," etc.

Under the authority of an act of 1813 the legislature allowed appeals from County to Supreme Court"; "vesting concurrent equity jurisdiction with the Supreme Court in the Circuit Courts".

Under the authority of an act of 1811 the Supreme Court was vested with exclusive equity jurisdiction.

In 1809, the second session of the Seventh General Assembly established the Supreme Court of Errors and Appeals with two judges who were to hold court in conjunction with a Circuit judge at Knoxville, Jonesboro, Carthage, Nashville and Clarksville.

Supreme court An appellate court existing in most of the states. In the federal court system, and in most states, it is the highest appellate court, and in most the court of last resort. In others (such as New York) the supreme court is a court of general jurisdiction, possessing also some appellate jurisdiction, but not the court of last resort [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990].

In 1809, the second session of the Seventh General Assembly abolished the Superior Court of Law and Equity.

While under the authority of Article V of the 1796 Constitution for the State of Tennessee

Sec. 1. The judicial power of the state shall be vested in such superior and inferior courts of law and equity, as the legislature shall, from time to time, direct and establish.

Superior courts. Courts of general or extensive jurisdiction, as distinguished from the inferior courts. As the official style of a tribunal, the term "superior court" bears a different meaning in different states. In some it is a court of intermediated jurisdiction between the trial courts and the chief appellate courts; elsewhere it is a designation of the trial courts. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

The 1809 abolition of the Superior Court of Law and Equity violated the provision of Article V of the 1796 Constitution for the State of Tennessee, Section. 1.vesting the judicial power of the state in such superior and inferior courts of law and equity as the legislature shall, from time to time, direct and establish. An examination of the courts in the area that became Tennessee, prior to 1796, reveals an abandonment in 1796 of the concept of a supreme court.

Under the authority of the Ordinance of July 13, 1787 President Washington on June 8, 1790 appointed William Blount, governor and superintendent of Indian affairs of the Territory of the United States South of the River Ohio.

On September 30, 1790, Governor Blount took the oath of office before James Iredell, an associate justice of the Supreme Court.

On October 22, 1790 he laid off and organized the county of Washington in the Territory of the United States South of the River Ohio. The county of Washington was created in 1777 by an Act of the North-Carolina Legislature.

In rapid succession he organized the counties of Sulivan, Green, Hawkins, Davidson, Sumner, and Tennessee into part of the Territory.

In East Tennessee

The county of Sulivan was created under the authority of the 1779 Acts of North-Carolina, Chapter XXIX by the division of the county of Washington.

The county of Green was created under the authority of the 1783 Acts of North-Carolina, Chapter LI by the division of the county of Washington.

The county of Hawkins was created under the authority of the 1786 Acts of North-Carolina, Chapter XXXIV [See Exhibit 040] by the division of the county of Sulivan.

In West Tennessee (Now Middle Tennessee)

The county of Davidson was created under the authority of the 1783 Acts of North-Carolina, Chapter LII [See Exhibit 041].

The county of Sumner was created under the authority of the 1786 Acts of the North-Carolina, Chapter XXXII [See Exhibit 042] by the division of the county of Davidson.

The county of Tennessee, which now no longer exists, was created under the authority of the 1788 Acts of North-Carolina, Chapter XXXVIII [See Exhibit 043].

In 1796 the county of Montgomery was created from the county of Tennessee See Exhibit 044].

In 1796 the county of Robertson was created from the county of Tennessee and the county of Sumner See Exhibit 045].

At first the two judicial districts previously in existence, Washington and Mero [the Cumberland region], were continued. The court in each judicial district was called the "Superior Court of Law and Equity."

When March 1788 came, there was no legislature, no governor. The State of Franklin was dead.

The 1784 Constitution and Form of Government for the State of Franklin states in Sec 13.

That the General Assembly by joint ballot of both houses shall appoint Judges of the Supreme Courts of Law and Equity and Attorney General, who shall be commissioned by the Governor and hold their office during good behavior.

Washington, Sullivan, and Green Counties organized the State of Franklin in 1784 by drafting The 1784 Constitution and Form of Government for the State of Franklin.

North-Carolina gives western lands to the United States in 1784

The 1776 Constitution for the state of North-Carolina states in XIII That the General Assembly by joint ballot of both Houses shall appoint Judges of the Supreme Courts of Law and Equity, Judges of Admiralty, and Attorney General, who shall be commissioned by the Governor and hold their office during good behavior.

Under the authority of Article V of the 1796 Constitution for the State of Tennessee

Sec. 1. The judicial power of the state shall be vested in such superior and inferior courts of law and equity, as the legislature shall, from time to time, direct and establish.

Sec. 2. The general assembly shall by joint ballot of both houses, appoint judges of the several courts of law and equity, also an attorney or attorneys for the state, who shall hold their respective offices during good behavior.

Sec. 3. Allows for the compensation of the judges of the superior courts.

Sec. 4. The judges of the superior courts, shall be justices oyer and terminer and general goal delivery, throughout the state.

Sec. 5. The judges of the superior courts shall not charge juries with respect to matters of fact, but may state the testimony and declare the law.

Sec. 6. The judges of the superior courts shall have power, in all civil cases, to issue writs of certiorari, to remove nay cause, or transcript thereof from any inferior court of record into the superior, on sufficient cause supported by oath of affirmation.

The meaning of justices oyer and terminer and general goal delivery,

Justices of goal and delivery. In English law, those justices who were sent with the commission to here and determine all causes appertaining to persons, who for any offense had been cast into goal. Part of their authority was to punish those who let to mainprise those prisoners who were not bailable by law, and they seem formerly to have been sent into the country upon these exclusive occasions, but afterwards had the same authority given them as the justices of assize. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

Justices of oyer and terminer. In England, certain persons appointed by the king's commission among whom were usually two judges of the courts at Westminster, and who went twice in every year to every county in the kingdom (except London and Middlsex), and at what was usually called the "assizes", heard and determined all treasons, felonies, and misdemeanors. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

Oyer and terminer. A half French phrase applied in England to the assize, which were so called from the commission of oyer and terminer directed to the judges, empowering them to "inquire, hear, and determine" all treasons, felonies, and misdemeanors. This commission is now issued regularly, was formerly used only in particular occasions, as upon sudden outrage or insurrection in any place. In the United States, certain higher criminal courts were called "courts of oyer and terminer." [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

Justices of assize. These justices, or as they were sometimes called, "justices of nisi prius," were judges of the superior English courts, who went on circuit into the various counties of England and Whales for the purpose of disposing of such causes as were ready for trial at the assize. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

Assize. An ancient species of court, consisting of a certain number of men, usually twelve, who were summoned together to try a disputed cause, performing the functions of a jury, except that they gave a verdict from their own investigation and knowledge and not upon evidence adduced. From the fact that they sat together (assideo), they were called the "assize." A court composed of an assembly of knights and other substantial men, with the baron or justice, in a certain place, at an appointed time. . . . [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

Shire A Saxon word which signified division; it was made up of an indefinite number of hundreds--later called a county (Comitatus). [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

Shire-mote The assize of the shire [county], or the assembly of the people, was so called by the Saxon. It was nearly if not exactly, the same as the scyregemote, and in most cases corresponded with what were afterwards called the "county courts" [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

Scyregemote In Saxon law, the meeting or court of the shire. This was the most important court in the Saxon polity, having jurisdiction in both ecclesiastical and secular matters. Its meetings were held twice in the year. Its Latin name was "curia comitatus".[Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

In Facsimiles of English Royal Writs to A.D. 1100 T. A. M. Bishop and P Chaplais explain an important function of the Shire Court (published in 1957 by Oxford at Claredon Press) by stating on page xi,

... the writ once sealed was handed over to the beneficiary and produced by him at a meeting of the shire court. There it was 'published', that is, read aloud.

This is conffered by F. E. Harmer in Anglo-Saxon Writs (1951, Manchester University Press on page 55:

... when they [writs] referred to a grant of office, of privilege, of land, or other matters of that kind, were handed over to the benificiary himself to lay the writ -- presumably in most cases at a meeting of the shire court or borough court or other public assembly-- before the person to whom the document was addressed.

F. E. Harmer states. ". . . the use of a seal, characteristic feature of Anglo-Saxon writ, goes back to Roman times" (page 2).

He continues, "But among the existing Anglo-Saxon writs, there are writs not only of king and queens, but also of non-royal person" (page 19).

"There is then evidence for the use of seals by non-royal persons at least as early as the ninth century. . ." (page 20)

One must take judicial notice of these facts about writs in use at the common-law shire courts of England. One must further note that this evidence provides a basis for the common-law origin of Superior courts in Tennessee.

Under the Cumberland Compact of 1780, the government was vested in twelve "Notables" chosen from the several settlements in fair proportion. There was no division of power as probably there had been in Watauga, but this one committee exercised all the functions of administration. . . . The "Notables," as a court were invested with a general and ample jurisdiction.

. . . In 1783 the Cumberland settlement was made a county and called after the patriotic General Davidson. In 1785 the legislature of North Carolina provided for the election of a judge to hold a Superior Court of Law and Equity in the county of Davidson [Foote, Henry S., Sketches in the Bench and Bar of Tennessee, page 4,]

One must conclude that today's courts of Tennessee originated in the common law. By acts of the legislature, beginning with the dissolving of the Superior Court of Law and Equity in 1809, during the second session of the Seventh General Assembly, and culminating with the abolition of the distinction between law and equity, under the Authority of Tennessee Rules of Civil Procedure, Rule 2, One Form of Action, "All actions in law or equity shall be known as a "civil action", a system of courts has come into existence which operates, apart from the common law. The support of this judicial system by state officials is a commission of the Felony of Official Oppression, as defined in T.C.A. 39-16-403 (a)(a), AGAINST THE PEACE AND DIGNITY OF THE State.

One must also conclude that since, according to several references cited herein, the common law remains in full force and effect in the State of Tennessee. Several instances exist in which the common law must be applied in the courts of Tennessee, as mandated by our organic charters, and private statutory provisions of the Tennessee Code. Yet in courts, which abolish the distinction between actions at law and actions in equity the application of the common law appears to be creating an administration of justice operating in an oppressive manner.

Having established that the courts of Tennessee do not operate under the common law, although the common law is in force in Tennessee, the next portion of this article examines the true nature of the courts operating in Tennessee, and the premise under which they operate.

Establishment of Martial Law

The Constitution for the United States of America, 1789, Art. 1, Sec. 4, Cl. 2 states that Congress shall assemble at least once in every year, which shall be on the first Monday of December. This has NEVER been repealed.

In the Congressional Globe, 2nd Session, 36th Congress, 1861 at pages 1432 - 1433 one reads that the The House of Representatives of the United States was adjourned sine die on March 2, 1861.

In the Congressional Globe, 2nd Session, 36th Congress, 1861 at page 1526 one reads that Senate Adjourns Sine Die, March 28, 1861.

Sine die. Without Day; without assighning a day for further meeting or hearing. Hence, a legislative body adjourns sine die when it adjourns without without apointing a day on which to appear or assemble again [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990].

Article XX of Amendment (proposed March 24, 1947 and becoming effective on February 27, 1951), Sec. 2 says _The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3rd day of January, unless they by law appoint a different day.

The original Congress, with all states in the Union present, adjourned sine die in 1861 and did not come again into session until 1863.

"The Congress" existing after 1861 was AND is not the same body as prior to 1861. Further "Congress" in Art. 1, Sec. 4, Cl. 2 is not the same as "The Congress" in Article XX, Sec. 2. Evidence exists that proves "The Congress" is a part of a national military government.

By February 6, 1862 Grant and the Union Army had possession of Fort Henry and, ten days later received the surrender of Fort Donelson. On February 22, 1862 Grant declares Martial Law over Western Tennessee by issuing General Order No. 8 from Fort Donelson:

GENERAL ORDERS,)

No. 8 )

HDQRS. DIST. WEST TENNESSEE

Fort Donelson, February 22, 1862

Col. M. D. Leggett, Seventy-eight Ohio Volunteers, is appointed acting provost-marshal until a suitable for the position can be designated, and will be obeyed and respected accordingly.

In all case where it may be deemed necessary to refer to higher authority, Brig. Gen S. A. Hurburt, second in authority will be appealed to. Tennessee, by her rebellion, having ignored all the laws of the United States, no courts will be allowed to act under State authority, but all cases coming within the reach of the military arm will be adjudicated by the authorities the Government has established within the State. Martial law is therefore declared to extend over West Tennessee.

Whenever a sufficient number of citizens return their allegiance to maintain law and order over the territory, the military restrictions here indicated will be removed."

By order of Brigadier-General Grant:

Jno A. Rawlins

Assistant Adjutant General

[War of The Rebellion: A Compensation of Official Records of the Union and Confederate Armies, Series I, Volume 7, pages 654 - 655 , Government Printing Office, 1882)

February 23, 1862 Lincoln named Andrew Johnson as military governor of Tennessee, extending martial law over the entire state, to be confirmed March 5 by the Senate

Union General Nelson occupied Nashville on Feb 25, 1862

War Department

March 3rd, 1862

To the Honorable Andrew Johnson

Sir:

You are hereby appointed Military Governor of the State of Tennessee, with the authority to exercise and perform, within the limits of that stat, all and singular, the powers, duties and functions pertaining to the office of Military Governor (including the power to establish all necessary offices and tribunals, and suspend the writ of Habeas Corpus) during the pleasure of the President, or until the loyal inhabitants of that state shall organize a civil government in conformity with the Constitution of the United States.

Edwin M. Stanton

Secretary of State

Seal of the War Office

Andrew Johnson arrived in Nashville, from his seat in the U.S. Senate, on March 12, 1862.

September 25, 1862, Abraham Lincoln suspends the writ of Habeas Corpus and declares national Martial Law:

GENERAL ORDERS,)

No. 141 )

WAR DEPT. ADJT. GENERAL'S OFFICE

Washington, September 25, 1862

The following proclamation by the President is published for the information and government of the Army and all concerned.

BY THE PRESIDENT OF THE UNITED STATES

A PROCLAMATION

Whereas it has become necessary to call into the service not only volunteers but also portions of the militia of the States by draft, in order to suppress the insurrection existing in the United States, and disloyal persons are not adequately restrained by the ordinary process of the law from hindering this measure and from giving aid and comfort in various ways to the insurrection:

Now, therefore, be it ordered--

First. That during the existing insurrection, and as a necessary measure for suppressing the same, all rebels and insurgents, their agents and abettors, within the United States, and all persons discouraging volunteer enlistments, resisting the militia drafts, or guilty of any disloyal practice, affording aid and comfort to rebels against the authority of the United States, shall be subject to martial law, and liable to trial and punishment by courts-martial or military commission.

Second. That the writ of habeas corpus is suspended in respect to all persons arrested, or who are now, or hereafter during the rebellion shall be imprisoned in any fort, camp, arsenal, military prison, or other place of confinement by any military authority, or by sentence of any court-martial or military commission.

In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

Done in the city of Washington this twenty-fourth day of September, in the year of our Lord on thousand eighty hundred and sixty-two, and of the Independence of the United States the eighty-seventh.

ABRAHAM LINCOLN

By the President

WILLIAM H. SEAWARD

Secretary of State

By Order of the secretary of War:

L. Thomas

Adjutant-General

[War of The Rebellion: A Compilation of Official Records of the Union and Confederate Armies, Series 3, Volume 2, pages 587 - 588, Government Printing Office, 1882]

Under the authority of The Liber Code, Washington D.C., April 24, 1863

ARTICLE III:

Martial Law in a hostile country consists in the suspension, by the occupying military authority, of the criminal and civil law, and of the domestic administration and government in the occupied place or territory, and in the substitution of military rule and force for the same, as well as in the dictation of general laws, as far as military necessity requires this suspension, substitution, or dictation. The commander of the forces may proclaim that the administration of all civil and penal law shall continue either wholly or in part, as in times of peace, unless otherwise ordered by the military authority.

ARTICLE V:

Martial Law should be less stringent in places and countries fully occupied and fairly conquered. Much greater severity may be exercised in places or regions where actual hostilities exist, or are expected and must be prepared for. Its most complete sway is allowed - even in the commander's own country - when face to face with the enemy, because of the absolute necessities of the case, and of the paramount duty to defend the country against invasion.

To save the country is paramount to all other considerations.

ARTICLE VI:

All civil and penal law shall continue to take its usual course in the enemy's places and territories under Martial Law, unless interrupted or stopped by order of the occupying military power; but all the functions of the hostile government - legislative executive, or administrative - whether of a general, provincial, or local character, cease under Martial Law, or continue only with the sanction, or, if deemed necessary, the participation of the occupier or invader.

ARTICLE I.

A place, district, or country occupied by an enemy stands, in consequence of the occupation, under the Martial Law of the invading or occupying army, whether any proclamation declaring Martial Law, or any public warning to the inhabitants, has been issued or not. Martial Law is the immediate and direct effect and consequence of occupation or conquest. The presence of a hostile army proclaims its Martial Law.

Presence of the United States Army in Tennessee

Under the authority of 10 U.S.C. § 3011. Organization [of the Army]

The Department of the Army is separately organized under the Secretary of the Army. It operates under the authority, direction, and control of the Secretary of Defense.

Under the authority of 10 U.S.C. § 12602. Members of Army National Guard of United States and Air National Guard of United States: credit for service as members of National Guard

(a) For the purposes of laws providing benefits for members of the Army National Guard of the United States and their dependents and beneficiaries -

(1) military training, duty, or other service performed by a member of the Army National Guard of the United States in his status as a member of the Army National Guard for which he is entitled to pay from the United States shall be considered military training, duty, or other service, as the case may be, in Federal service as a Reserve of the Army;

(2) full-time National Guard duty performed by a member of the Army National Guard of the United States shall be considered active duty in Federal service as a Reserve of the Army; and

(3) inactive-duty training performed by a member of the Army National Guard of the United States in his status as a member of the Army National Guard, in accordance with regulations prescribed under section 502 of title 32 or other express provision of law, shall be considered inactive-duty training in Federal service as a Reserve of the Army.

Under the authority of T.C.A. 58-1-104. Military forces - Division and composition.

(a) The military forces of the state, in conformity with the Constitution of Tennessee, shall be divided into three (3) parts, as follows: the army, the navy and the militia.

(b) The army shall be composed of an army national guard and an air national guard, which forces, together with an inactive national guard, when such is authorized by the laws of the United States and regulations issued pursuant thereto, shall comprise the Tennessee national guard; and the Tennessee state guard, whenever such a state force shall be duly organized, and its reserve.

In Military Government and Martial Law [William E. Birkhimer, LL.B., Major General Staff U.S. Army, Third Edition, 1914] § 87:

The success of the Federal armies during the third campaign of the war encouraged the President to attempt an improvement on the plan before adopted for weakening rebellion by the formation of State governments in rebellious districts. In pursuance of this purpose the Executive issued a proclamation on the 8th of December 1863, inviting the people there living to form loyal governments under conditions set forth in the proclamation. This, like the Emancipation Proclamation, was clearly a war measure. . . . in Tennessee early in 1865. . . the State executives chosen were given powers theretofore exercised by military governors. This was simply a development of the plan begun by the President two years previously in the appointment of these latter officers. It possessed this advanced and important additional feature of republican government as contrasted with its predecessor--namely, that the new governments were organized, the officials to carry them on appointed--apparently, at least--by the people governed instead of by the commander-in-chief of the army. But the difference was merely apparent and nominal, not real. Each in fact rested only on the bayonet. Neither could have existed for a day if the military support of the nation had been withdrawn; and herein lay the weakness of the President's plan for establishing civil government in districts which were declared to be in insurrection. In fact, the government thus organized were never recognized by Congress, representatives and senators chosen thereunder being denied seats in respective houses. They were, however, apparently recognized by the Supreme Court, but as de facto government only, organized by the President in virtue of his authority as-in Chief [Texas v. White], the court remarking that the adoption of a constitution during the war, under military orders, and the election of a governor, did not affect the military occupation in the judgement of the national authorities (pages 109 - 110).

Under the authority of the appointment of the Military Governor, issued March 3, 1862 by Secretary of State Edwin M. Stanton the military government was granted ". . . the power to establish all necessary offices and tribunals. . . ."

The present Supreme Court of Tennessee. exists Under the authority of Article VI: Sec. 2. of the 1870 [Military Government] Constitution for the State of Tennessee. It was brought into existence under the authority of Chapter XXIV, § 8 Acts of 1870 p. 42, entitled "An act to Organize the Supreme Court of Tennessee in Pursuance of Article VI, Section 2, 3, and 5, and of Section 2 of the Schedule of the Constitution.

Under the authority of T.C.A. 16-3-402. Other courts - General rules of practice.

The supreme court has the power to prescribe by general rules the forms of process, writs, pleadings and motions, and the practice and procedure in all of the courts of this state in all civil and criminal suits, actions and proceedings.

[Acts 1965, ch. 227, § 1; 1975, ch. 376, § 1; T.C.A., § 16-112.]

Under the authority of T.C.A. 16-3-404. Effective date of rules - Approval of rules by general assembly.

The supreme court shall fix the effective date of all its rules; provided, that such rules shall not take effect until they have been reported to the general assembly by the chief justice at or after the beginning of a regular session thereof, but not later than February 1 during such session, and until they have been approved by resolutions of both houses of the general assembly.

[Acts 1965, ch. 227, § 3; T.C.A., § 16-114; Acts 1985, ch. 24, § 1.]

Under the authority of T.C.A. 16-3-406. Laws in conflict with rules nullified.

After such rules shall have become effective, all laws in conflict therewith shall be of no further force or effect.

[Acts 1965, ch. 227, § 5; T.C.A., § 16-116.]

The result of the Acts 1965, ch. 227, § 1; 1975, ch. 376, § 1 was to place all courts which had existed, prior to 1870 under the authority of the Military Supreme Court of Tennessee.

The oldest courts in existence in Tennessee today are the County courts. These courts originated with Acts 1797, ch. 41. They remain as the only court in Tennessee with an organic origin. When altered by the Military Government of Tennessee through the Acts 1873, ch. 64, § 1, they in effect became military courts.

The Circuit courts/ criminal courts were created Code 1858, § 4225 (derive. Acts 1835-1836, ch. 5, § 7). The Chancery courts were created Code 1858, § 4279 (derive. Acts 1835-1836, ch. 4, § 1). The result of the Acts 1965, ch. 227, § 1; 1975, ch. 376, § 1 was to convert the chancery, circuit/criminal courts to military courts.

Since the court of appeals was created Acts 1925, ch. 100, § 10, it has always existed as a military court.

Since the Courts of general sessions were created by the Publics Acts of Tennessee 1959, ch. 109, §§ 1, 22 they have always existed as a military courts. The Courts of General Sessions replaced the common-law office of Justice of the Peace.

The Court of criminal appeals were created as military courts by the Acts 1967, ch. 226, § 8 while the City Courts in Home Rule Municipalities were created as military courts by the Acts 1972, ch. 778, § 1.

By legislative acts of Tennessee the courts of Tennessee have become subject to Military authority, or exist only as reorganizations of military government, officials continuing this practic creates an ongoing commission of the felony of Official oppression, as defined under the authority of T.C.A. 39-16-403 (2) AGAINST THE PEACE AND DIGNITY OF THE STATE.

Before one can understand what the presence of certain flags signifies one must gain a basic understanding of flags in general. One can begin with simply defining the term and some related terms.

Flag A national standard on which are certain emblems; an ensign; a banner. It is carried by soldiers, ships, etc., and commonly displayed at forts, businesses and many other suitable places [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990].

Nationa Pertaining or relating to the nation as a whole. Commonly applied in American law to institutions laws, or affairs of the United States or its government, as opposed to those of the several states [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990].

Standard An ensign or flag used in war [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990].

Ensign The flag or banner of a company of soldiers, an army, or vessel; the colors; a standard. Any signal to assemble or give notice [Webster’s Universal Dictionary of the English Language, The World Syndicate Publishing Company, New York, 1937].

Banner A flag; a military ensign or standard; an official emblem; as the star-spangled banner; an army with banners. A streamer, formerly borne at the end of a lance or spear, as the standard of a military chief, to mark a rallying pint [Webster’s Universal Dictionary of the English Language, The World Syndicate Publishing Company, New York, 1937].

All of the above definitions show flags, banners, or ensigns being used in a military context. This view of the use of the flag is reflected in its history. Milo Milton Quaife writes in The Flag of the United States [1942, Grosset & Dunlap, New York] about how flags came to be used. He begins by explaining that the basic social unit, the family, organizes itself into the sovereign state. All social groups seek some way of identifying themselves. When states go to war or are at sea the identification of members of that social structure becomes paramount. Sine the very beginning of history, warring nations have used symbols as a means of identifying their army. Egypt and the ancient Semitic countries used solid objects as a standard for battle. Among the Greeks the standard became the symbol of naval authority, and was thus the forerunner of the Admirals flag. About 400 B.C. the Athenian navy began using a primitive flag to distinguish the Admirals ship or as a call to battle. As the Roman Empire grew its armies advanced under a small square flag called the vexillum. These armies first introduced the use of the flag to the British Isles. In 1066, William the Conquer led his charge on England under a banner given to him by the pope. It was the Italian City states in the twelfth century that first used the flag as a symbol of the state. In Genoa one flag was employed by the commander-in-chief of the state and another by the common people. By the time of the exploration of the New World, the use of admiralty flags on ships had become common practice throughout Europe. The planting of a flag in the Americas was the way in which European Nations laid claim to the lands that they sought to conquer. From the definitions and history above we see that flags have traditionally been used in a military context.

Historically we see that flags around the world have been used in a military context. Tennessee state law actually specifies that flags must be displayed in courtrooms. Let us take a look at these laws. Under the authority of T.C.A. 5-7-108. Courthouse - Sheriff's power and duties.

(b) It is further the duty of the sheriff to see that the state and national flags as provided for in § 5-7-109 are properly displayed in each courtroom while such county legislative body is in session.

[Code 1858, § 413; Shan., § 505; Code 1932, § 757; Acts 1961, ch. 244, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 5-708.]

Under the authority of T.C.A. 5-7-109. Flags.

(e) Every county shall provide a flag of the United States and a flag of the state of Tennessee to be displayed in the courtroom of every court of record of the county while such court is in session. [Acts 1937 (3rd E. S.), ch. 20, § 1; C. Supp. 1950, § 102.1 (Williams, § 771.1); Acts 1961, ch. 244, § 2; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 5-709.]

T.C.A. 5-7-109 specifies that a flag of the United States and a flag of the state of Tennessee is to be displayed in the courtroom of every court of record of the county while such court is in session. The implications of the law only become apparent as one learns about the origin of the flag of the United States and the flag of the state of Tennessee.

The story of the American Flag actually begins in the middel of the story of the English flag. In 1606 when England and Scotland were united, a new flag called the Union Flag, combining the red cross of St. Gorge and the white cross of St. Andrew was created. In 1634 the King prohibited merchant ships from flying the Union flag, and a jack was developed to replace it. By the time of the Stuart Restoration it had developed the form of a red flag with the union flag in the first canton. From 1707 on the Union Flag and the red ensign were used aboard English ships at sea. The English army used these flags on land. The military use of the Union Flag in the colonies prior to the revolution was very common. About this same time the British East India Company began using the flag pictured below.

The Great Union Flag soon became known in the colonies as the “Union Flag,” the “Congress Fag,” and as the “Colours” of the United Colonies. In early 1776 the use of the Union flag had become standard among the colonial military. Revolution made the use of the Union Flag among the colonial army obsolete, for the army needed a way to distinguish itself on the field of battle.

On June 14, 1777 the Continental Congress passed a number of naval appropriations and a small resolution that simply read:

“Resolved that the flag of the United States be 13 stripes alternated red and white, that the Union be 13 stars white in a blue field representing a new constellation.”

With this resolution, the Continental Congress adopted a flag that varied only slightly from the Union Flag. The crosses of St. Andrew and St. Gorge were replaced with “13 stars white in a blue field.” The resolution did not specify specifics about the flag, so any number of variations was possible. An early version of the flag was that allegedly sown by Betsy Ross.

The flags used in the colonies at this time were designed out of the necessity of war. Every army needs a flag by which it can be identified. Ships at sea must be able to identify each other as well during a war. The Stars and Stripes was designed as a marine flag. It was not intended to be used as a battle flag on land. The American Army would not used the flag until several decades after its creation. On May 10, 1779 the Board of War decided that every regiment in the army should have tow colours—one the Standard of the United States, which should be the same throughout the Army, and the other a regimental colour. The board asked Washington to have Congress establish what the Standard of the United States and regimental flags should be. The Board of war desired that the army use a distinct flag from the Stars and Stripes adopted as the Marine Flag on June 14, 1777. The original flag contained thirteen stars and thirteen stripes, a obvious reference to the thirteen states in the Union. The addition of Vermont in 1791 and Kentucky in 1792 to the Union brought into question the validity of the use of a flag representing only thirteen states.

So on January 13, 1794 Congress passed a law modifying the flag of the United States:

Be it enacted by the Senate and the House of Representatives of the United States in Congress Assembled, That from and after the first day of May, Ano Domini, one thousand seven-hundred and ninety five, the flag of the United States, be fifteen stripes alternated red and white. That the Union be fifteen stars, white in a blue field.

The law was not without debate. Members of the House argued for a permanent flag, in light of the expected continued addition of states to the Union. Other members saw the whole issue as trivial. In short, the flag was not considered an important issue at this time. At this time most Americans had never seen the Stars and Stripes due to its restricted use in the military and as a marine flag. Tradition caused horizontal stripes to be adopted for use over military posts and vertical stripes adopted for use over civilian posts. The law of 1794 allowed for flags with both vertical and horizontal stripes. The number of stripes, and not their orientation were regulated by law. Most flags used were the military flags used by the Federal government. The use of civil flag was almost non-existent as it was cost prohibitive for most Americans. The Civilian Flags were rarely seen until U.S. Customs adopted the Civil Flag in it's enforcement of tax collection and inspection in ports as opposed to acts of war against merchant ships.

In 1790 Congress $10,000 to maintain 10 revenue cutters (ships) to enforce customs duties in the nations shipping ports. These ships were placed under the charge of customs collectors. Congress authorized the custom cutters to fire upon other vessels a gun shot warning if such vessels did not respond to a cutter's flag on March 2, 1799. This prompted Oliver Wolcott to submit to President John Adams a design for a new Custom Flag. The proposal defined the new Customs Flag with 16 stripes, one stripe for each State that had joined the Union by 1799 and turned the stripes vertical to show the civil nature of it's use as opposed to a military nature. For the Union, Wolcott proposed using the Arms of the United States, the American Bald Eagle, over a white field. The final version was approved on August 1st, 1799.

Although intended just for the Customs Office, the new civilian flag became adopted by customhouses and merchants to show their civilian nature as opposed to being under military control. The flag the Congress adopted in 1794 lacked any character of permanence. Obviously a more permanent design for the national banner was needed. Two years latter the admission of Tennessee to the Union made the flag of 1794 obsolete. The admission of Tennessee is reflected in the design of the United States Custom Flag seen above. By 1816 three more states had been added to the Union. The flags in use lacked uniformity, and all but ignored the proper design stipulated by the law of 1794. This lead to Congress passing the flag act of 1818, which was signed into law by President James Monroe on April 4, 1818:

Section 1. Be it enacted by the Senate and the House of Representatives of the United States in Congress Assembled, That from and after the fourth day of July next, the flag of the United States be thirteen horizontal stripes, altered red and white; that the union have twenty stars, white in a blue field.

Section 2 And be it further enacted, That on the admission of every new State into the Union, one star shall be added to the union of the flag; and that such addition shall take effect on the fourth of July next succeeding such admission.

The flag resulting from this law was primarily a naval flag. It was designed to be recognized at sea. The debates that occurred in congress concerning the passage of the law show this very clearly. The committee that devised the flag decided to represent the thirteen original states with a stripe, and each state in the Union with a star.

The law of 1818 specified the orientation of the stripes as horizontal. The placement of the stars and proportions of the flag were still left to the individual flag manufacture. It was in 1834 that the Army first began to carry the Stars and Stripes, used as a garrison flag. This event marked the first time a government agency prescribed specific details about the flag. These specifications arose from the army or the military branch of government, not the civil branch of government, the Congress. These regulations only applied to the army

The flag was to be made of bunting, and have thirteen horizontal stripes of red and white, beginning with a stripe of red. The blue union in the upper quarter near the staff, was to extend one-third the length of the flag, and downward to the lower edge of the fourth red stripe, counting from the top; in it was to be a star for each existing state.

The "Cartel for the Exchange of Prisoners of War between Great Britain and the United States of America," dated May 12, 1813 mentions a flag called the American Ensign. The exact origin and use of this flag is not known. A picture of the American Ensign may be found in Illuminated History of North America (1860). The American Ensign incorporates the blue stars similar to those of the Revolutionary war era Guilford Flag and the vertical stripes of the Civil Flag of the United States.

The Civilian Flag of the United States of America was flown, for over 100 years, by a select citizenry that could afford to buy them. Most used the design of the Customs Bureau and it's American Eagle, many used the design of the American Ensign. These were not official flags like those created by Congress for military use, but existed more or less by custom.

Nathaniel Hawthorne describes the Civil Flag of the United States for us in a chapter of the Scarlet Letter titled “The Custom House”. As Hawthorne gives a description of the Custom House in Salem he writes:

“From the loftiest point on its roof, during precisely three and a half hours of each forenoon, floats or droops, in the breeze or calm, the banner of the republic; but with the thirteen stripes turned vertically, instead of horizontally, and thus indicating that a civil, and not a military post of Uncle Sam’s government, is here established.”

Some historians believe that the Civil Flag was discontinued after the Civil War when the federal government imposed military governments in the States and disbanded civilian government. As a show of it's power over the States, Civil Flags were discontinued and Old Glory became the sole emblem representing the People of the United States of America, united under military (or admiralty) rule. This is illustrated by the mention in Andrew Johnson’s appeal to the people of Tennessee on March, 18, 1862, when he said in part “.... the President conducted this mighty contest, until as Commander-in chief of the Army, he has caused the national flag again to float undisputed over the Capitol of our State.”

The practice of using the Customs Flag as a Civil Flag became encoded in law in 1874 when Treasury Secretary William. A. Richardson required all customhouses to fly the Civil Flag. The Civil Flag had all but disappeared, by 1900, except for the occasional use by the government's revenue cutters and more recently, the Coast Guard with a modified design in 1915. At that time the U.S. Coast Guard became an independent bureau from the Treasury Department, absorbing the Revenue Cutter Service. The Civil Flag used by the cutter service was modified and adopted under Coast Guard authority, losing it's original significance of civilian authority, which by then, had been long forgotten as the Federal government acquired more control over the States and their citizens.

From the time of the Civil War onward, the government of the United States continued under military rule. All subsequent actions of congress and the President were carried our under the War Powers. The President acted under the authority of his office as Commander-in-Chief of the Armed forces. It was in this capacity that William Howard Taft issued his Executive order of June 24, 1912 specifying the size and demotions of the Flag of the United States. The Executive Order reads:

Executive Order.

It is hereby ordered that all National Flags and Union Jacks for the Department of the Government, with the exception noted under (a), shall conform to the following proportions:-

Hoist (width) of Flag -------------- 1

Fly (length) of Flag ---------------- 1.9

Hoist (width) of Union ------------ 7/13

Fly (length of Union --------------- .76

Width of each stripe --------------- 1/13

(a) - Exceptions: The colors carried by troops, and camp colors, shall be the sizes prescribed for the Military Service (Army and Navy).

Limitation of the number and size: With the exception of colors under note (a), the size of flags manufactured or purchased for the Government Department will be limited to those of the following hoists:

(1) - - - 20 feet

(2) - - - 19 feet (standard)

(3) - - - 14.35 feet

(4) - - - 12.19 feet

(5) - - - 10 feet

(6) - - - 8.94 feet

(7) - - - 5.14 feet

(8) - - - 5 feet

(9) - - - 3.52 feet

(10) - - - 2.90 feet

(11) - - - 2.37 feet

(12) - - - 1.31 feet

When in the manufacture of any flag under these specifications the resulting dimensions appear as fractions of an inch, such fractions shall be taken as the nearer inch. In the event of a fraction of one half inch, the whole inch greater shall be adopted.

Union Jacks: The size of the Jack shall be the size of the Union of the National Flag with which it is flown.

Number of Stars All National Flags having a hoist less than five (5) feet, except colors to be carried by troops, and the corresponding Jacks, shall have only thirteen (13) stars in the Union, in order that the identity of the stars may be plainly distinguishable.

Position and size of Stars: The position and size of each star for Unions of forty-eight (48) and thirteen (13) stars respectively, shall be a indicated on blueprint of a plan which will be furnished tot he Departments by the Navy Department. From this plan can be determined the location and size of stars for flags of any dimension. Extra blueprints of this plan will be furnished upon application to the Navy Department.

Order Effective: All National Flags and Union Jacks now on hand or for which contracts have been awarded shall continue in use until unserviceable, but all those manufactured or purchased for Government use after July, 4, 1912 shall conform strictly tot he dimensions and proportions herein prescribed.

William H. Taft

THE WHITE HOUSE

June 24, 1912

In 1959 President Dwight D. Eisenhower as Commander in Chief of the armed forces issued Military Executive Orders modifying the Flag of The United States to account for the admission of Hawaii and Alaska tot he Union. These specifications and orders became codified under the authority of 4 U.S.C. § 1, CHAPTER 1 - THE FLAG

Sec. 1. Flag; stripes and stars on The flag of the United States shall be thirteen horizontal stripes, alternate red and white; and the union of the flag shall be forty-eight stars, white in a blue field. (July 30, 1947, ch. 389, 61 Stat. 642.)

EXECUTIVE ORDER NO. 10798

Ex. Ord. No. 10798, Jan. 3, 1959, 24 F.R. 79, which prescribed proportions and sizes of flags until July 4, 1960, was revoked by section 33 of Ex. Ord. No. 10834, set out as a note under this section.

b EX. ORD. NO. 10834. PROPORTIONS AND SIZES OF FLAGS AND POSITION OF STARS

Ex. Ord. No. 10834, Aug. 21, 1959, 24 F.R. 6865, provided:

WHEREAS the State of Hawaii has this day been admitted into the Union; and WHEREAS section 2 of title 4 of the United States Code provides as follows: ''On the admission of a new State into the Union one star shall be added to the union of the flag; and such addition shall take effect on the fourth day of July then next succeeding such admission.''; and WHEREAS the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended (see Short Title note under section 471 of Title 40, Public Buildings, Property, and Works) authorizes the President to prescribe policies and directives governing the procurement and utilization of property by executive agencies; and WHEREAS the interests of the Government require that orderly and reasonable provision be made for various matters pertaining to the flag and that appropriate regulations governing the procurement and utilization of national flags and union jacks by executive agencies be prescribed:

NOW, THEREFORE, by virtue of the authority vested in me as President of the United States and as Commander in Chief of the armed forces of the United States, and the Federal Property and Administrative Services Act of 1949, as amended (see Short Title note under section 471 of Title 40, Public Buildings, Property, and Works), it is hereby ordered as follows:

PART I - DESIGN OF THE FLAG

Section 1. The flag of the United States shall have thirteen horizontal stripes, alternate red and white, and a union consisting of white stars on a field of blue.

Sec. 2. The positions of the stars in the union of the flag and in the union jack shall be as indicated on the attachment to this order, which is hereby made a part of this order.

Sec. 3. The dimensions of the constituent parts of the flag shall conform to the proportions set forth in the attachment referred to in section 2 of this order.

PART II - REGULATIONS GOVERNING EXECUTIVE AGENCIES

Sec. 21. The following sizes of flags are authorized for executive agencies:

Dimensions of Flag [Hoist (width) X Fly (length) in Feet]

(1) 20.00 x 38.00

(2) 10.00 x 19.00

(3) 08.95 x 17.00

(4) 07.00 x 11.00

(5) 05.00 x 09.50

(6) 04.33 x 05.50

(7) 03.50 x 06.65

(8) 03.00 x 04.00

(9) 03.00 x 05.70

(10) 02.37 x 04.50

(11) 01.32 x 02.50

Sec. 22. Flags manufactured or purchased for the use of executive agencies:

(a) Shall conform to the provisions of Part I of this order, except as may be otherwise authorized pursuant to the provisions of section 24, or except as otherwise authorized by the provisions of section 21, of this order.

(b) Shall conform to the provisions of section 21 of this order,except as may be otherwise authorized pursuant to the provisions of section 24 of this order.

Sec. 23. The exterior dimensions of each union jack manufactured or purchased for executive agencies shall equal the respective exterior dimensions of the union of a flag of a size authorized by or pursuant to this order. The size of the union jack flown with the national flag shall be the same as the size of the union of that national flag.

Sec. 24. (a) The Secretary of Defense in respect of procurement for the Department of Defense (including military colors) and the Administrator of General Services in respect of procurement for executive agencies other than the Department of Defense may, for cause which the Secretary or the Administrator, as the case may be, deems sufficient, make necessary minor adjustments in one or more of the dimensions or proportionate dimensions prescribed by this order, or authorize proportions or sizes other than those prescribed by section 3 or section 21 of this order.

(b) So far as practicable, (1) the actions of the Secretary of Defense under the provisions of section 24(a) of this order, as they relate to the various organizational elements of the Department of Defense, shall be coordinated, and (2) the Secretary and the Administrator shall mutually coordinate their actions under that section.

Sec. 25. Subject to such limited exceptions as the Secretary of Defense in respect of the Department of Defense, and the Administrator of General Services in respect of executive agencies other than the Department of Defense, may approve, all national flags and union jacks now in the possession of executive agencies, or hereafter acquired by executive agencies under contracts awarded prior to the date of this order, including those so possessed or so acquired by the General Services Administration, for distribution to other agencies, shall be utilized until unserviceable.

PART III - GENERAL PROVISIONS

Sec. 31. The flag prescribed by Executive Order No. 10798 of January 3, 1959, shall be the official flag of the United States until July 4, 1960, and on that date the flag prescribed by Part I of this order shall become the official flag of the United States; but this section shall neither derogate from section 24 or section 25 of this order nor preclude the procurement, for executive agencies, of flags provided for by or pursuant to this order at any time after the date of this order.

Sec. 32. As used in this order, the term ''executive agencies'' means the executive departments and independent establishments in the executive branch of the Government, including wholly-owned Government corporations.

Sec. 33. Executive Order No. 10798 of January 3, 1959, is hereby revoked.

Dwight D. Eisenhower.

Standard proportions

Hoist (width) of flag 1.0 A

Fly (length) of flag 1.9 B

Hoist (width) of Union 0.5385( 7/13) C

Fly (length) of Union 0.76 D

0.054 E

0.054 F

0.063 G

0.063 H

Diameter of star 0.0616 K

Width of stripe 0.0769 (1/13) L

A recent theory among researchers on the has been that the flag described in 4 U.S.C § 1 and following sections is a civilian flag. However the actual history of the Flag of the United States tells an entirely different story.

Since its inception in 1777 the Stars and Stripes has been used as a military flag. The flag with horizontal stripes described under the authority of 4 U.S.C. § 1, CHAPTER 1 was authorized by Executive Military Order and codified into law by a Congress, which since March 28, 1861 has been acting under Military Rule or Martial Law. As, such the flag of 4 U.S.C. § 1 is a Military Flag representing Martial Law and the suspension of Constitutionally guaranteed rights, including the common-law trial by jury. Flags act as heralds, announcing to others what their bearers represent. Only the long forgotten civil flag of the united States of America represents the Constitution and its guaranteed rights. A modern version of the civil flag of the united States is pictured below.

The State Flag of Tennessee

Unfortunately, the history of the Tennessee state flag is not as well known as that of the flag of the United States of America. Prior to 1861 no effort was made to adopt a state flag. It was common among the militias of the nineteenth century to carry blue flags decorated with the state seal. Such a militia flag may have been used by military troops in Tennessee.

The state government of Tennessee used the Civil Flag of the united States, whenever it was necessary to use a flag. Customarily a flag (usually the Civil Flag of the united States) was flown over the state capital when the legislature was in session. When the legislature met in special session in 1861, after Lincoln’s call for troops to invade the Confederate States, the legislature was unsure which flag to fly. Even the Civil Flag of the united States appeared inappropriate, as Tennessee might soon choose to join the Confederacy. The Confederate flag was considered inappropriate since Tennessee was still technically in the Union. On April 25, 1861, the first day of the special session, Tazwell B. Newman, Speaker of the Senate, introduced a resolution for the legislature to adopt a state flag. The design was similar to the Confederate Flag with the state seal replacing the circle of stars. This flag was never adopted by the legislature, as some felt it an obvious secession flag. However the flag experienced some limited use mainly in the regiments of Tennessee’s army.

Since the legislature never adopted the flag proposed by Newman, the flag pole on the capital remained empty until Tennessee finally voted to join the Confederacy. At this point the General Assembly authorized the National Confederate Flag to be displayed at the state capital. Although Tennessee was at war, a properly elected representative body took these measures. In this way the National Flag of the Confederacy actually became the flag representing Civil Government in Tennessee. The flag itself was of course never officially adopted to represent the state of Tennessee.

The take-over of Tennessee’s civil government was detailed above. While the state legislature did not adopt a state flag after the war, the Military Department did. On June 13, 1886 General R. W. Cantrell described the state flag in use by the Tennessee Militia at that time. It was similar to the Militia flags used prior to 1861.

On June 1st 1896, Tennesseeans celebrated the 100th anniversary as a member state of the American Union. The state did not begin its great Centennial Exposition until almost a year later. On April 30, 1897 the legislature finally adopted a state flag. The new flag represented the Grand Divisions of the state. The number “16” toward the end of the flag, represented Tennessee’s numerical order among the states. While the states nickname “THE VOLUNTEER STATE” was placed in the center section of the flag. The reader should recall, that in 1897 the legislature was still a military legislature, and as such the flag they authorized represented a military state under Martial Law. The flag was used at the 1897 Exposition and experienced some ceremonial use after 1897. The flag never became very popular. This accounts for the fact that many Tennessee historians do not know about the flag of 1897.

LeRoy Reeves, of the Third Regiment, Tennessee Infantry proposed the current design of the state flag of Tennessee. The General Assembly approved the flag as the official state flag by an act passed in 1905. As in 1897, the legislature of 1905 was still a military legislature operating under martial law. The flag they authorized was a military flag. The continued use of this flag represents the continuation of martial law in Tennessee. The description of the flag was codified in T.C.A. 4-1-301.

Under the authority of T.C.A. 4-1-301. State flag or banner.

(a) The flag or banner of this state shall be of the following design, colors and proportions, to wit: an oblong flag or banner in length one and two thirds (12/3) times its width, the principal field of same to be of color red, but the flag or banner ending at its free or outer end in a perpendicular bar of blue, of uniform width, running from side to side, that is to say, from top to bottom of the flag or banner, and separated from the red field by a narrow margin or stripe of white of uniform width; the width of the white stripe to be one fifth (1/5) that of the blue bar; and the total width of the bar and stripe together to be equal to one eighth (1/8) of the width of the flag. In the center of the red field shall be a smaller circular field of blue, separated from the surrounding red field by a circular margin or stripe of white of uniform width and of the same width as the straight margin or stripe first mentioned. The breadth or diameter of the circular blue field, exclusive of the white margin, shall be equal to one half (1/2) of the width of the flag. Inside the circular blue field shall be three (3) five-pointed stars of white distributed at equal intervals around a point, the center of the blue field, and of such size and arrangement that one (1) point of each star shall approach as closely as practicable without actually touching one (1) point of each of the other two (2) around the center point of the field; and the two (2) outer points of each star shall approach as nearly as practicable without actually touching the periphery of the blue field. The arrangement of the three (3) stars shall be such that the centers of no two (2) stars shall be in a line parallel to either the side or end of the flag, but intermediate between same; and the highest star shall be the one nearest the upper confined corner of the flag.

(b) (1) It is an offense to knowingly manufacture or sell a state flag which is not in compliance with subsection (a).

(2) The provisions of this subsection shall apply only to flags that are manufactured, sold or offered for sale as official state flags and shall not apply to miniature flags or flags manufactured, sold or offered for sale as souvenirs, novelties, decorations or toys.

(3) A violation of this subsection is considered a deceptive business practice and punishable as provided in § 39-14-127.

Proper display of flags

Under the authority of T.C.A. 5-7-108 (b) It is further the duty of the sheriff to see that the state and national flags as provided for in § 5-7-109 are properly displayed in each courtroom.

Under the authority of 36 U.S.C., CHAPTER 10 - PATRIOTIC CUSTOMS, § 173 and following Display and use of flag by civilians; codification of rules and customs; definition

The following codification of existing rules and customs pertaining to the display and use of the flag of the United States of America is established for the use of such civilians or civilian groups or organizations as may not be required to conform with regulations promulgated by one or more executive departments of the Government of the United States. The flag of the United States for the purpose of this chapter shall be defined according to sections 1 and 2 of title 4 and Executive Order 10834 issued pursuant thereto.

(June 22, 1942, ch. 435, Sec. 1, 56 Stat. 377; Dec. 22, 1942, ch. 806, Sec. 1, 56 Stat. 1074; July 7, 1976, Pub. L. 94-344, Sec. 1(1), 90 Stat. 810.)

Under the authority of 36 U.S.C. § 175. Position and manner of display

(c) No other flag or pennant should be placed above or, if on the same level, to the right of the flag of the United States of America, except during church services conducted by naval chaplains at sea, when the church pennant may be flown above the flag during church services for the personnel of the Navy. No person shall display the flag of the United Nations or any other national or international flag equal, above, or in a position of superior prominence or honor to, or in place of, the flag of the United States at any place within the United States or any Territory or possession thereof: Provided, That nothing in this section shall make unlawful the continuance of the practice heretofore followed of displaying the flag of the United Nations in a position of superior prominence or honor, and other national flags in positions of equal prominence or honor, with that of the flag of the United States at the headquarters of the United Nations.

(d) The flag of the United States of America, when it is displayed with another flag against a wall from crossed staffs, should be on the right, the flag's own right, and its staff should be in front of the staff of the other flag.

(e) The flag of the United States of America should be at the center and at the highest point of the group when a number of flags of States or localities or pennants of societies are grouped and displayed from staffs.

(f) When flags of States, cities, or localities, or pennants of societies are flown on the same halyard with the flag of the United States, the latter should always be at the peak. When the flags are flown from adjacent staffs, the flag of the United States should be hoisted first and lowered last. No such flag or pennant may be placed above the flag of the United States or to the United States flag's right.

(g) When flags of two or more nations are displayed, they are to be flown from separate staffs of the same height. The flags should be of approximately equal size. International usage forbids the display of the flag of one nation above that of another nation in time of peace.

(i) When displayed either horizontally or vertically against a wall, the union should be uppermost and to the flag's own right, that is, to the observer's left. When displayed in a window, the flag should be displayed in the same way, with the union or blue field to the left of the observer in the street.

Under the authority of 36 U.S.C. § 176. Respect for flag

No disrespect should be shown to the flag of the United States of America; the flag should not be dipped to any person or thing. Regimental colors, State flags, and organization or institutional flags are to be dipped as a mark of honor.

(a) The flag should never be displayed with the union down,except as a signal of dire distress in instances of extreme danger to life or property.

(g) The flag should never have placed upon it, nor on any part of it, nor attached to it any mark, insignia, letter, word, figure, design, picture, or drawing of any nature.

(j) No part of the flag should ever be used as a costume or athletic uniform. However, a flag patch may be affixed to the uniform of military personnel, firemen, policemen, and members of patriotic organizations. The flag represents a living country and is itself considered a living thing. Therefore, the lapel flag pin being a replica, should be worn on the left lapel near the heart.

(June 22, 1942, ch. 435, Sec. 4, 56 Stat. 379; Dec. 22, 1942, ch. 806, Sec. 4, 56 Stat. 1076; July 7, 1976, Pub. L. 94-344, Sec. 1(12)-(16), 90 Stat. 812.)

THE LAW OF THE FLAG and the Identification of Military Courts in the county of Hamilton, in the State of Tennessee

Under the authority of HAMILTON COUNTY COURT RULE 4.01,

"The space within the bar in the courtroom is reserved for attorneys and for litigants actually engaged in trial. All other persons will be seated outside th