THE CONSTITUTION OF 1865


ARTICLE II.

STATE BOUNDARIES AND COUNTIES.

Section 1. The boundaries of this State are established and declared to be as follows that is to say : Beginning at the point where the thirty-first degree of north latitude crosses the Perdido river ; thence east, to the western boundary line of the State of Georgia ; thence along said line to the southern boundary line of the State of Tennessee ; thence west, along the southern boundary line of the State of Tennessee, crossing the Tennessee river, and on to the second intersection of said river by said line ; thence up said river to the mouth of Big Bear creek ; thence by a direct line, to the north-west corner of Washington county in this State, as originally formed ; thence southerly, along the line of the State of Mississippi, to the Gulf of Mexico ; thence eastwardly, including all islands within six leagues of the shore, to the Perdido river ; and thence up the said river, to the beginning.

Section 2. The General Assembly may, by a vote of two thirds of both branches thereof, arrange and designate boundaries for the several counties of this State, which boundaries shall not be altered except by a like vote ; but no new county shall be hereafter formed of less extent than six hundred square miles, nor shall any existing county be reduced to a less extent than six hundred square miles ; and no new county shall be formed not containing a sufficient number of inhabitants to entitle it to one representative under the existing ratio of representation, nor unless the counties from which it is taken shall be left with the required number entitling them to separate representation.

ARTICLE III.

DISTRIBUTION OF POWERS OF GOVERNMENT.

Section 1. The powers of the government of the State of Alabama shall be divided into three distinct departments, each of which shall be confided to a separate body of magistracy-to wit ; those which are legislative to one, those which are executive to another, and those which are judicial to another.

Section 2. No person, or collection of persons, being of one of those departments, shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted.

 


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