CONSTITUTION OF 1819


SCHEDULE

 

SEC. 1. That no inconvenience may arise from a change of Territorial to a permanent State Government, it is declared that all rights, actions, prosecutions, claims, and contracts, as well of individuals as of bodies corporate, shall continue as if no such change had taken place: and all process which shall, before the third Monday in September next, be issued in the name of the Alabama Territory, shall be as valid as if issued in the name of the State.

SEC. 2. All fines, penalties, forfeitures, and escheats accruing to the Alabama Territory, shall accrue to the use of the State.

SEC. 3. The validity of all bonds and recognizances, executed to the Governor of the Alabama Territory, shall not be impaired by the change of government, but may be sued for and recovered in the name of the Governor of the State of Alabama and his successors in office: and all criminal or penal actions arising or now depending within the limits of this State, shall be prosecuted to judgment and execution in the name of said State; all causes of action arising to individuals, and all suits at law or in equity, now depending in the several Courts within the limits of this State and not already barred by law, may be commenced in, or transferred to, such Courts as may have jurisdiction thereof.

SEC. 4. All officers, civil or military, now holding commissions under the authority of the United States or of the Alabama Territory within this State, shall continue to hold and exercise their respective offices under the authority of this State, until they shall be superseded under the authority of this Constitution, and shall receive from the Treasury of this State the same compensation which they heretofore received, in proportion to the time they shall be so employed. The Governor Shall have power to fill vacancies by commissions, to expire so soon as elections or appointments can be made to such offices, by authority of this Constitution.

SEC. 5. All laws and parts of laws, now in force in the Alabama Territory, which are not repugnant to the provisions of this Constitution, shall continue and remain in force as the laws of this State, until they expire by their own limitation, or shall be altered, or repealed by the Legislature thereof.

SEC. 6. Every white male person above the age of twenty one years, who shall be a citizen of the United States, and resident in this State at the time of the adoption of this Constitution, shall be deemed a qualified elector at the first election to be holden in this State. And every white male person who shall reside within the limits of this State at the time of the adoption of this Constitution, and shall be otherwise qualified, shall be entitled to hold any office or place of honor, trust, or profit under this State; any thing in this Constitution to the contrary notwithstanding.

SEC. 7. The President of this Convention shall issue writs of election directed to the Sheriffs of the several counties, requiring them to cause an election to be held for a Governor, Representative to the Congress of the United States, Members of the General Assembly, Clerks of the several Courts and Sheriffs of the respective counties, at the respective places of election and in said counties, on the third Monday and the day following in September next, which elections shall be conducted in the manner prescribed by the existing election laws of the Alabama Territory; and the said Governor and Members of the General Assembly, then duly elected, shall continue to discharge the duties of their respective offices, for the time prescribed by this Constitution, and until their successors shall be duly qualified.

SEC. 8. Until the first enumeration shall be made, as directed by this Constitution, the county of Autauga shall be entitled to two representatives; the county of Baldwin to one representative; the county of Blount to three representatives; the county of Cahawba to one representative; the county of Clark to two representatives; the county of Conecuh to two representatives; the county of Cotaco to two representatives; the county of Dallas to two representatives; the county of Franklin to two representatives; the county of Lauderdale to two representatives; the county of Lawrence to two representatives; the county of Limestone to three representatives; the county of Madison to eight representatives; the county of Marengo to one representative; the county of Marion to one representative; the county of Monroe to five representatives; the county of Montgomery to three representatives; the county of Mobile to one representative; the county of St. Clair to one representative; the county of Shelby to two representatives; the county of Tuscaloosa to three representatives; and the county of Washington to two representatives. And each county shall be entitled to one senator, who shall serve for one term.

SEC. 9. The oaths of office, herein directed to be taken, may be administered by any Justice of the Peace, until the General Assembly shall otherwise direct.


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