CONSTITUTION OF 1861


ARTICLE IV

EXECUTIVE DEPARTMENT

 

Section 1. The supreme executive power of this State shall be vested in a chief magistrate, who shall be styled the Governor of the State of Alabama.

Section 2. The Governor shall be elected by the qualified electors, at the time and places when they shall respectively vote for Representatives.

Section 3. The returns of every election for Governor, shall be sealed up, and transmitted to the seat of government, directed to the speaker of the House of Representatives, who shall, during the first week of the session, open and publish them in presence of both houses of the General Assembly. The person having the highest number of votes shall be Governor, but if two or more shall be equal and highest in votes, one of them shall be chosen Governor by the joint vote of both houses. Contested elections for Governor shall be determined by both houses of the General Assembly, in such manner as shall be prescribed by law.

Section 4. The Governor shall hold his office for the term of two years, from the time of his installation, and until his successor shall be qualified; but shall not be eligible for more than four years in any term of six years; he shall be at least thirty years of age, shall be a citizen of the State of Alabama, and native of one of the States of the Territories, lately styled the United States of America.

Section 5. He shall, at stated times, receive a compensation for his services, which shall not be increased or diminished during the term for which he shall have been elected.

Section 6. He shall be commander-in-chief of the army and navy of this State, except when acting with any other power, in which case, the General Assembly shall fix his rank.

Section 7. He may require information in writing from the officers of the executive department, on any subject relating to the duties of their respective offices.

Section 8. He may, by proclamation, on extraordinary occasions, convene the General Assembly at the seat of government, or at a different place, if that shall have become, since their last adjournment, dangerous from an enemy , or from contagious disorders; in case of disagreement between the two houses, with respect to the time of adjournment, he may adhourn them to such time as he shall think proper, not beyond the day of the next annual meeting of the General Assembly.

Section 9.
He shall, from time to time, give to the General Assembly, information of the state of the government, and recommend to their consideration such measures as he may deem expedient.

Section 10. He shall take care that the laws be faithfully executed.

Section 11. In all criminal and penal cases, except in those of treason and impeachment, he shall have power to grant reprieves and pardons, and remit fines and forfeitures, under such rules and regulations as shall be prescribed by law. In cases of treason, he shall have power, by, and with the advice and consent of the Senate, to grant reprieves and pardons; and he may in the recess of the Senate, respite the sentence until the end of the next session of the General Assembly.

Section 12. There shall be a Seal of this State, which shall be kept by the Governor, and used by him officially.

Section 13. All commissions shall be in the name, and by the authority of the State of Alabama, be sealed with the State Seal, signed by the Governor, and attested by the Secretary of State.

Section 14. There shall be a Secretary of State, appointed by a joint vote of both houses of the General Assembly, who shall continue in office during the term of two years. He shall keep a fair register of all official acts and proceedings of the Governor, and shall, when required, lay the same, and all papers, minutes and vouchers relative thereto, before the General Assembly; and shall perform such other duties as may be required of him by law.

Section 15. Vacancies that may happen in offices, the appointment of which is vested in the General Assembly, shall be filled by the Governor, during the recess of the General Assembly, by granting commissions, which shall expire at the end of the next session.

Section 16. Every bill which shall have passed both houses of the General Assembly, shall be presented to the Governor; if he approve, he shall sign it, but if not, he shall return it with his objections, to the house in which it shall have originated, who shall enter the objections at large upon the journals, and proceed to reconsider it; if after such reconsideration, a majority of the whole number elected to that house shall agree to pass the bill, it shall be sent, with the objections, to the other house, by which it shall likewise be reconsidered; if approved by a majority of the whole number elected to that house, it shall become a law: but in such cases, the votes of both houses shall be determined by yeas and nays , and the names of the members voting for or against the bill shall be entered on the journals of each house respectively: if any bill shall not be returned by the Governor within five days, Sundays excepted, after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the General Assembly, by their adjournment, prevent its return, in which case it shall not be a law.

Section 17. Every order, resolution, or vote, to which the concurrence of both houses may be necessary, except on questions of adjournment, shall be presented to the Governor, and, before it shall take effect, be approved by him, or being disapproved, shall be repassed by both houses, according to the rules and limitations prescribed in the case of a bill.

Section 18. In case of the impeachment of the Governor, his removal from office, death, refusal to qualify, resignation, or absence from the State, the President of the Senate shall exercise all the power and authority appertaining to the office of Governor, until the time, pointed out by this Constitution for the election of Governor, shall arrive, unless the General Assembly shall provide by law for the election of a Governor to fill such vacancy, or until the Governor absent or impeached, shall return or be acquitted.

Section 19. If, during the vacancy of the office of Governor, the President of the Senate shall be impeached, removed from office, refuse to qualify, resign, die, or be absent from the State, the Speaker of the House of Representatives, shall, in like manner, administer the government. If there is no President of the Senate, or no Speaker of the House of Representatives, the Secretary of State shall exercise all the duties and powers appertaining to the office of Governor, until the office of Governor is filled, as provided by this Constitution.

Section 20. The President of the Senate and Speaker of the House of Representatives, and the Secretary of State, during the times they respectively administer the government, shall receive the same compensation which the Governor would have received, had he been employed in the duties of his office.

Section 21. The Governor shall always reside during the session of the General Assembly, at the place where their session may be held, and at all other times, wherever, in their opinion, public good may require.

Section 22. No person shall hold the office of Governor, and any other office or commission, civil or military, either in this State, or under any State, or any other power, at one and the same time.

Section 23. A State Treasurer and a Comptroller of public accounts, shall be biennially elected by joint vote of both houses of the General Assembly.

Section 24. A sheriff shall be elected in each county by the qualified electors thereof, who shall hold his office for the term of three years, unless sooner removed, and who shall not be eligible to serve either as principal or deputy, for the three succeeding years. Should a vacancy occur subsequent to an election, it shall be filled by the Governor, as in other cases, and the person so appointed shall continue in office until the next general election, when such vacancy shall be filled by the qualified electors, and the sheriff then elected shall continue in office for three years.

MILITIA

Section 1. The General Assembly shall provide by law for organizing and disciplining the militia of this State.

Section 2. Any person who conscientiously scruples to bear arms shall not be compelled to do so, but shall pay an equivalent for personal service.

Section 3. The Governor shall have power to call forth the militia to execute the laws of the State, to suppress insurrections, and repel invasions.

Section 4. All officers of the militia shall be elected or appointed in such manner as may be prescribed by law: Provided , that the General Assembly shall not make any such elections or appointments, other than those of adjutants-general, and quarter-masters general.

Section 5. The Governor shall appoint his aids-de-camp; majors general, their aids-de-camp, and all division and staff officers; brigadiers general shall appoint their aids, and all other brigade staff officers; and colonels shall appoint their regimental staff officers.

Section 6. The General Assembly shall fix, by law, the method of dividing the militia into divisions, brigades, regiments, battalions, and companies; and shall fix the rank of all staff officers.


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