We, the People of the State of Alabama, by our representatives in convention assembled ; in order to establish justice, ensure domestic tranquillity, provide for the common defence, promote the general welfare, and secure to ourselves and to our posterity the rights of life, liberty, and property ; invoking the favor and guidance of Almighty God, do ordain and establish the following constitution and form of government for the State of Alabama-that is to say:
That the general, great, and essential principles of liberty and free
government may be recognized and established, we declare-
Section 1. That no man, and no set of men, are entitled to exclusive
separate public emoluments or privileges, but in consideration of public
services.
Section 2. That all political power is inherent in the people, and
all free governments are founded on their authority, and instituted for
their benefit ; and that, therefore, they have at all times an inalienable
and indefeasible right to alter, reform, or abolish their form of government,
in such manner as they may deem expedient.
Section 3. That no person within this State shall, upon any pretence
whatever, be deprived of the inestimable privilege of worshipping God in
the manner most agreeable to his own conscience ; nor be hurt, molested,
or restrained in his religious profession. Sentiments, or persuasions, provided
he does not disturb others in their religious worship.
Section 4. That no religion shall be established by law ; that no
preference shall be given by law to any religious sect, society, denomination,
or mode of worship ; that no one shall be compelled by law to attend any
place of worship, nor to pay any tithes, taxes, or other rate, for building
or repairing any place of worship, or for maintaining any minister or ministry
; that no religious test shall be required as a qualification to any office
or public trust under this State ; and that the civil rights, privileges,
and capacities of any citizen shall not be in any manner affected by his
religious principles.
Section 5. That every citizen may freely speak, write, and publish
his sentiments on all subjects being responsible for the abuse of that liberty.
Section 6. That the people shall be secure in their persons, houses,
papers, and possessions, from unreasonable seizures or searches ; and that
no warrant shall issue to search any place, or to seize any person or thing,
without describing them as nearly as may be, nor without probable cause,
supported by oath or affirmation.
Section 7. That in all criminal prosecutions, the accused has a right
to be heard by himself and counsel, to demand the nature and cause of the
accusation, to have a copy thereof, to be confronted by the witnesses against
him, to have compulsory process for obtaining witnesses in his favor, and,
in all prosecutions by indictment or information, a speedy public trial
by an impartial jury of the county or district in which the offence was
committed ; and that he shall not be compelled to give evidence against
himself, nor be deprived of his life, liberty, or property, but by due course
of law.
Section 8. That no person shall be accused; arrested, or detained,
except in cases ascertained by law, and according to the forms which the
same has prescribed ; and that no person shall be punished, but by virtue
of a law established and promulgated prior to the offence, and legally applied.
Section 9. That no person shall, for any indictable offence, be proceeded
against criminally by information ; except in cases arising in the land
and naval forces, or in the militia when in actual service, or, by leave
of the court, for oppression or misdemeanor in office. Provided, that in
cases of petit larceny, assault and battery, affray, unlawful assemblies,
vagrancy, and other misdemeanors, the General Assembly may by law dispense
with a grand jury, and authorize such prosecutions before justices of the
peace, or such other inferior courts as may be by law established ; and
the proceedings in such cases shall be regulated by law.
Section 10. That no person shall, for the same offence, be twice
put in jeopardy of life or limb.
Section 11. That no person shall be debarred from prosecuting or defending,
before any tribunal in this State, by himself or counsel, any civil cause
to which he is a party.
Section 12. That the right of trial by jury shall remain inviolate.
Section 13. That in prosecutions for the publication of papers investigating
the official conduct of officers or men in public capacity, or when the
matter published is proper for public information, the truth thereof may
be given in evidence ; and that in all indictments for libels, the jury
shall have the right to determine the law and the facts, under the direction
of the court.
Section 14. That all courts shall be open ; and that every person,
for any injury done him, in his lands, goods, person or reputation, shall
have a remedy by due course of law, and right and justice administered,
without sale, denial, or delay.
Section 15. That suits may be brought against the State, in such
manner, and in such courts, as may be by law provided.
Section 16. That excessive fines shall not be imposed, nor cruel
punishments be inflicted.
Section 17. That all persons shall, before conviction, be bailable
by sufficient sureties, except for capital offences, when the proof is evident,
or the presumption great ; and that excessive bail shall no , in any case,
be required.
Section 18. That the privilege of the writ of habeas corpus shall
not be suspended, unless when, in cases of rebellion or invasion, the public
safety may require it.
Section 19. That treason against the state shall consist only in
levying war against it, or adhering to its enemies, giving them aid and
comfort ; and that no person shall be convicted of treason, unless on the
testimony of two witnesses to the same overt act, or his own confession
in open court.
Section 20. That no person shall be attainted of treason by the General
Assembly ; and that no conviction shall work corruption of blood, or forfeiture
of estate.
Section 21. That the estates of suicides shall descend, or vest,
as in cases of natural death ; and that, if any person shall be killed by
casualty, there shall be no forfeiture by reason thereof.
Section 22. That the person of a debtor, when there is not a strong
presumption of fraud, shall not be detained in prison, after delivering
up his estate, for the benefit of his creditors, in such manner as shall
be prescribed by law.
Section 23. That no power of suspending laws shall be exercised,
except by the General Assembly, or by its authority.
Section 24. That no ex-post-facto law impairing the obligation of
contracts, shall be made.
Section 25. That private property shall not be taken or applied for
public use, unless just compensation be made therefore ; nor shall private
property be taken for private use, or for the use of corporations other
than municipal, without the consent of the owner. Provided, however, that
laws may be made securing to persons or corporations the right of way over
the lands of other persons or corporations, and, for works of internal improvement,
the right to establish depots, stations, and turn-outs ; but just compensation
shall, in such cases, be first made to the owner.
Section 26. That the citizens have a right, in a peaceable manner,
to assemble together for their common good, and to apply to those invested
with the powers of government for redress of grievances, or other proper
purposes, by petition, address, or remonstrance.
Section 27. That every citizen has a right to bear arms in defence of
himself and the State.
Section 28. That no person, who conscientiously scruples to bear
arms, shall be compelled to do so but may pay an equivalent for personal
service.
Section 29. That no standing army shall be kept up, without the consent
of the General Assembly ; and in that case, no appropriation for its support
shall be for a longer term than one year ; and that the military shall,
in all cases, and at all times, be in strict subordination to the civil
power.
Section 30. That no soldier shall, in time of peace, be quartered
in any house, without the consent of the owner ; nor in time of war, but
in a manner to be prescribed by law.
Section 31. That no title of nobility, or hereditary distinction,
privilege, honor, or emolument, shall ever be granted or conferred in this
State ; and that no office shall be created, the appointment of which shall
be for a longer term than during good behavior.
Section 32. That emigration from this State shall not be prohibited,
and that no citizen shall be exiled.
Section 33. That temporary absence from the State shall not cause
a forfeiture of residence once obtained.
Section 34. That hereafter there shall be in this State neither slavery,
nor involuntary servitude, otherwise than for the punishment of crime, whereof
the party shall have been duly convicted.
Section 35. That the right of suffrage shall be protected by laws
regulating elections, and prohibiting, under adequate penalties, all undue
influence from power, briber, tumult, or other improper conduct.
Section 36. This enumeration of certain rights shall not be construed
to deny or disparage others retained by the people ; and to guard against
any encroachment on the rights hereby retained, or any transgression of
any of the high powers by this constitution delegated, we declare, that
everything in this article is excepted out of the general powers of government,
and shall forever remain inviolate, and that all contrary thereto, or to
the following provisions, shall be void.
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.
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.
Section 1. The legislative power of this State shall be vested
in two distinct branches ; the one to be styled the "Senate,"
and the other the "House of Representatives." And both together
the "General Assembly of the State of Alabama."
Section 2. All laws shall be passed by original bill ; and their
style shall be, "Be it enacted by the Senate and House of Representative
of the State of Alabama, in General Assembly convened." Each law shall
embrace but one subject, which shall be described in the title ; and no
law, nor any section of any law, shall be revised or amended by reference
only to its title and number, but the law or section revised or amended
shall itself be set forth at full length.
Section 3. Members of both houses of the General Assembly shall be
chosen by the qualified electors ; and the regulations for holding such
elections shall, as to time, place, and manner, be the same for each house,
and shall be prescribed by law. After the special election to be held on
the first Monday in November, 1865, such elections shall, until otherwise
directed by law, take place on the first Monday in August.
Section 4. No person who holds any lucrative office under the United
States, or under this State, or under any other State or government (except
post-masters, officers in the militia, to whose office no annual salary
is attached, justices of the peace, members of the court of county commissioners,
notaries public, and commissioners of deeds, excepted); no person who has
been convicted of having given or offered any bribe to procure his election
; no person who has been convicted of bribery, forgery, perjury, or other
high crime or misdemeanor which may be by law declared to disqualify him
; and no person who has been a collector or holder of public moneys and
has failed to account for and pay over into the treasury all sums for which
he may be by law accountable, shall be eligible to the General Assembly.
Section 5. Representatives shall be chosen for the term of two years
; and no person shall be a representative, who is not a white man, twenty-one
years of age, a citizen of the United States and who has not been an inhabitant
of this State for the two years next preceding the election, and for the
last year thereof a resident of the county for which he is chosen.
Section 6. The house of representatives shall consist of not more than
one hundred members, who shall be apportioned by the General Assembly among
the several counties of the State according to the number of white inhabitants
in them respectively ; and, to this end, the General Assembly shall cause
an enumeration of all the inhabitants of the State to be made in the year
one thousand eight hundred and sixty-six, and again in the year one thousand
eight hundred and seventy-five, and every ten years thereafter, and shall
make an apportionment of the representatives among the several counties
at the first regular session after each enumeration ; which apportionment,
when made, shall not be subjected to alteration, until after the next census
shall have been taken, Provided, that each county shall be entitled to at
least one representative. Provided further, that where two or more adjoining
counties shall each have a residuum or fraction over and above the ratio
then fixed by law, which fractions, when added together, equal or exceed
that ratio, in that case, the county having the largest fraction shall be
entitled to one additional representative.
Section 7. The whole number of senators shall be not less than one
fourth, nor more than one third, of the whole number of representatives
; and it shall be the duty of the General Assembly, at its first session
after the making of each enumeration, as provided by the last preceding
section, to fix by law the number of senators, and to divide the State into
as many senatorial districts as there are senators ; which districts shall
be as nearly equal to each other as may be in the number of white inhabitant,
and each shall be entitled to one senator and no more. Provided, that, in
the formation of said districts, no county shall be divided, and no two
or more counties, which are separated entirely by a county belonging to
another district, shall be joined into one district. And provided further,
that the senatorial districts, when formed, shall not be changed until after
the next census shall have been taken.
Section 8. No person shall be a senator, who is not a white man,
at least twenty-seven years of age, a citizen of the United States, and
who has not been an inhabitant of this State for two years next preceding
the election, and for the last year thereof a resident in the district for
which he is chosen.
Section 9. Senators shall be chosen for the term of four years ;
yet, at the first general election after each new apportionment, elections
shall be held anew in all the senatorial districts ; and the senators elected,
when convened at the next ensuing session of the General Assembly, shall
be divided by lot into two classes, as nearly equal to each other as may
be ; the seats of the senators of the first class shall be vacated at the
expiration of two years, and those of the second class at the expiration
of four years from the day of election, so that (except as above provided)
one half of the senators may be chosen biennially.
Section 10. The General Assembly shall meet annually, on such day
as may be by law prescribed ; and shall not remain in session longer than
thirty days, unless by a vote of two thirds of each house.
Section 11. At the first regular or called session after each general
election for representatives, the senate shall choose a president and its
other officers, and the house of representatives shall choose a speaker
and its other officers ; and the officers so chosen shall be entitled to
hold their respective offices until the next general election for representatives.
Each house shall judge of the qualifications, elections, and returns of
its own members ; but a contested election shall be determined in such manner
as may be by law provided.
Section 12. A majority of each house shall constitute a quorum to
do business ; but a smaller number may adjourn from day to day, and may
compel the attendance of absent members, in such manner, and under such
penalties, as each house may provide.
Section 13. Each house may determine the rules of its own proceedings,
punish members for disorderly behavior, and, with the consent of two thirds,
expel a member, but not a second time for the same offence ; and shall have
all other powers necessary for a branch of the legislature of a free and
independent state.
Section 14. Each house may, during the session, punish by imprisonment
any person, not a member, for disrespectful or disorderly behavior in its
presence, or for obstructing any of its proceedings. Provided, that such
imprisonment shall not, at any one time, exceed forty-eight hours.
Section 15. Each house shall keep a journal of its own proceedings,
and cause the same to be published immediately after its adjournment, excepting
such parts as, in its judgement, may require secrecy ; and the yeas and
nays of the members of either house, on any question, shall, at the desire
of any two members present, be entered on the journals. Any member of either
house shall have liberty to dissent from, and protest against, any act or
resolution which he may think injurious to the public or to an individual,
and have the reasons of his dissent entered on the journals.
Section 16. The doors of each house shall be open, except on such
occasions as, in the opinion of the house, may require secrecy.
Section 17. Neither house shall, without the consent of the other,
adjourn for more than three days, nor to any other place than that in which
they may be sitting.
Section 18. Bills may originate in either house, and be amended,
altered, or rejected by the other ; but no bill shall have the force of
a law, until it be read in each house on three several days, and free discussion
thereon be allowed ; unless, in case of urgency, four fifths of the house
in which the bill may be depending shall deem it expedient to dispense with
this rule ; and every bill, having passed both houses, shall be signed by
the speaker and president of the respective houses. Provided, that all bills
for raising revenue shall originate in the house of representatives, but
may be amended or rejected by the senate as other bills.
Section 19. In all elections by the General Assembly, the members
shall vote viva voce, and the votes shall be entered on the journals.
Section 20. No senator or representative shall, during the term for
which he was elected, be elected or appointed to any civil office of profit
under this State, except such offices as may be filled by elections by the
people.
Section 21. Senators and representatives shall, in all cases except
treason, felony, or breach of the peace, be privileged from arrest, during
the session of the General Assembly, and in going to and returning from
the same, allowing one day or every twenty miles such member may reside
from the place at which the General Assembly is convened ; nor shall any
member be liable to answer for anything spoken in debate in either house,
in any court or place elsewhere.
Section 22. Each member of the General Assembly shall receive from
the public treasury such compensation for his services as may be fixed by
law ; but no increase of compensation shall take effect during the session
at which such increase shall have been made.
Section 23. When vacancies happen in either house, the Governor,
or the person exercising the powers of Governor for the time being, shall
issue writs of election to fill such vacancies.
Section 24. The house of representatives shall have the sole power
of preferring impeachments ; all impeachments shall be tried by the senate
; the senators, when sitting for that purpose, shall be on oath or affirmation
; and no person shall be convicted under an impeachment, without the concurrence
of two thirds of the senators present.
Section 25. It shall be the duty of the General Assembly to pass
such laws as may be necessary and proper to decide differences by arbitrators,
to be appointed by the parties, who may choose that summary mode of adjustment.
Section 26. It shall be the duty of the General Assembly, from time
to time, as circumstances may require, to frame and adopt a penal code,
founded on principles of reformation.
Section 27. It shall also be the duty of the General Assembly, within
five years after the adoption of this constitution, and within every subsequent
period of ten years, to make provision by law for the revision, digesting,
and promulgation of all the public statutes of this State, both civil and
criminal.
Section 28. The General Assembly shall have power to pass such penal
laws as they may deem expedient to suppress the evil practice of duelling,
extending to disqualification to hold office.
Section 29. It shall be the duty of the General Assembly to regulate
by law the cases in which deductions shall be made from the salaries of
public officers, for neglect of duty in their official capacities, and the
amount of such deductions.
Section 30. Divorces from the bonds of matrimony shall not be granted,
but in the cases by law provided for, and by suit in chancery ; but decrees
in chancery for divorce shall be final, unless appealed from, in the manner
prescribed by law, within three months from the date of the enrollment thereof.
Section 31. It shall be the duty of the General Assembly, at its
next session, and from time to time thereafter as it may deem proper, to
enact laws prohibiting the intermarriage of white persons with negroes,
or with persons of mixed blood, declaring such marriages null and void ab
initio, and making the parties to any such marriage subject to criminal
prosecutions, with such penalties as may be by law prescribed.
Section 32. The General Assembly shall make provision by law for
obtaining correct knowledge of the several objects proper for improvement
in relation to the roads and navigable waters in this State, and for making
a systematic and economical application of the means appropriated to those
objects.
Section 33. The General Assembly shall, from time to time, enact
necessary and proper laws for the encouragement of schools and the means
of education ; shall take proper measures to preserve from waste or damage
such lands as have been or may be granted by the United States for the use
of schools in each township in this State, and apply the funds which may
be raised from such lands in strict conformity with the object of such grant
; shall take like measures for the improvement of such lands as have been
or may hereafter be granted by the United States to this State for the support
of a seminary of learning ; and the money which may be raised from such
lands, by rent, lease, or sale, or from any other quarter, for the purpose
aforesaid, shall be and forever remain a fund for the exclusive support
of a State university for the promotion of the arts, literature, and the
sciences ; and it shall be the duty of the General Assembly to provide by
law effectual means for the improvement and permanent security of the funds
of such institution.
Section 34. Not more than one bank shall be established nor more
than one bank charter be renewed, at any one session of the General Assembly
; nor shall any bank be established, nor any bank charter be renewed, without
the concurrence of two thirds of each house of the General Assembly, and
in conformity with the following rules-that is to say :
Section 35. The General Assembly shall provide by law for organizing
and disciplining the militia of this State, in such manner as they may deem
expedient, not incompatible with the constitution and laws of the United
States ; shall fix the rank of all staff officers, and prescribe the manner
in which all officers shall be appointed or elected. Provided, that no other
officers than adjutant-generals and quartermaster-generals shall be appointed
by the General Assembly. And provided further, that major-generals shall
appoint their aids and all division and staff officers, brigadier-generals
shall appoint their aids and all other brigade staff officers, and colonels
shall appoint their regimental staff officers.
Section 36. It shall be the duty of the General Assembly, at its
next session , and from time to time thereafter, to enact such laws as will
protect the freedmen of this State in the full enjoyment of all their rights
of person and property , and guard them and the State against any evils
that may arise from their sudden emancipation.
Section 37. No money shall be drawn from the treasury, but in pursuance
of an appropriation made by law ; and a regular statement and account of
the receipts and expenditures of all public moneys shall be published annually,
in such manner as may be by law directed.
Section 38. No special law shall be enacted for the benefit of individuals
or corporations, in cases which are provided for by a general law, or where
the relief sought can be given by any court of this State.
Section 39. All lands liable to taxation in this State, shall be
taxed in proportion to their value.
Section 40. No power to levy taxes shall be delegated to individuals
or private corporations.
Section 41. The General Assembly shall not borrow or raise money
on the credit of the State (except for purposes of military defense against
actual or threatened invasion, rebellion, or insurrection), without the
concurrence of two thirds of the members of each house ; nor shall the debts
or liabilities of any corporation, person, or persons, or other State, be
guarantied, nor any money, credit, or other thing, be loaned or given away,
except by a like concurrence of each house ; and the votes shall in each
case, be taken by yeas and nays, and be entered on the journals.
Section 42. In the event of the annexation of any foreign territory
to this State, the General Assembly shall enact laws, extending to the inhabitants
of the acquired territory all the rights and privileges which may be required
by the terms of the acquisition ; anything in this constitution to the contrary
notwithstanding.
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 at which 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 the 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, a native citizen
of the United States , and shall have resided in this State at least four
years next preceding the day of his election.
Section 5. He shall, at stated times, receive a compensation for
his services, which shall not be either increased or diminished during the
term for which he shall have been elected.
Section 6. He shall always reside, during the session of the General
Assembly, at the place where their session may be held, and at other times
wherever, in their opinion, the public good may require.
Section 7. He shall be commander in chief of the army and navy of
this State, and of the militia thereof, except when they shall be called
into the service of the United States ; and when acting in the service of
the United States, the General Assembly shall fix his rank.
Section 8. He shall have power to call forth the militia to execute
the laws of the State, to suppress insurrections, and to repel invasions
; and shall appoint his aids-de-camp.
Section 9. He may require from the secretary of State, the comptroller
of public accounts, and the State treasurer, information in writing on any
subject relating to the duties of their respective offices.
Section 10. He may, by proclamation, on extraordinary occasions,
convene the General Assembly at the seat of government, or at a different
place, if, since their last adjournment, that shall have become dangerous,
from an enemy, or from contagious disorders ; and in case of disagreement
between the two houses, with respect to the time of adjournment, he may
adjourn them to such time as he may think proper, not beyond the day of
the next annual meeting of the General Assembly.
Section 11. 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 12. He shall take care that the laws are faithfully executed.
Section 13. In all criminal and penal cases, except those of treason
and impeachment, he shall have power to grant reprieves and pardons, and
to remit fines and forfeitures, under such rules and regulations as may
be prescribed by law ; and in cases of treason, he shall have power, by
and with the advice and consent of the senate, to grant reprieves and pardons,
and, in the recess of the senate, he may respite the sentence until the
end of the next session of the General Assembly.
Section 14. There shall be a great seal of the State, which shall
be kept and used by the Governor officially ; and the seal now in use shall
continue to be the great seal of the State, until another shall have been
adopted by the General Assembly.
Section 15. Vacancies that may happen in offices, the appointment
of which is vested in the General Assembly, shall, during the recess of
the General Assembly, be filled by the Governor, 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 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 whom
it shall likewise be reconsidered, and, 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, and
for bringing on elections by the two houses,) 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. No person shall, at one and the same time, hold the office
of Governor, and any other office or commission, civil or military, either
under this State, the United States, or any other State or government.
Section 19. 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 appointed by the
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 who is absent or impeached shall return
or be acquitted ; and if during such vacancy in the office of Governor,
the president of the senate shall be impeached, removed from office, refuse
to qualify, die, resign, or be absent from the State, the speaker of the
house of representatives shall, in like manner, administer the government.
Section 20. The president of the senate, and the speaker of the house
of representatives, shall, during the time they respectively administer
the government, receive the same compensation which the Governor would have
received, if he had been employed in the duties of his office.
Section 1. The judicial power of this State shall be vested in
one supreme court, circuit courts to be held in each county of the State,
and such inferior courts of law and equity, to consist of not more than
five members, as the General Assembly may, from time to time, direct, ordain,
and establish.
Section 2. Except in cases otherwise directed in this constitution,
the supreme court shall have appellate jurisdiction only, which shall be
co-extensive with the State, under such restrictions and regulations, not
repugnant to this constitution, as may from time to time be prescribed by
law. Provided, that said court shall have power to issue writs of injunction,
mandamus, quo warranto, habeas corpus, and such other remedial and original
writs as may be necessary to give it a general superintendence and control
of inferior jurisdictions.
Section 3. The supreme court shall be held at the seat of government
; but, if that shall have become dangerous, from an enemy or from disease,
may adjourn to a different place.
Section 4. The State shall be divided into convenient circuits, each
of which shall contain not less than three, nor more than six counties ;
and for each circuit there shall be appointed a judge, who shall, after
his appointment, reside in the circuit for which he may be appointed.
Section 5. The circuit court shall have original jurisdiction in
all matters, civil and criminal, within this State, not otherwise excepted
in this constitution ; but in civil cases only where the matter or sum in
controversy exceeds fifty dollars.
Section 6. A circuit court shall be held in each county in the State,
at least twice in every year ; and the judges of the several circuits may
hold courts for each other when they deem it expedient, and shall do so
when directed by law.
Section 7. The General Assembly shall have power to establish a court
or courts of chancery, with original and appellate equity jurisdiction.
Provided, that the judges of the several circuit courts shall have power
to issue writs of injunction, returnable into the courts of chancery.
Section 8. The General Assembly shall have power to establish, in
each county within this State, a court of probate, for the granting of letters
testamentary, and of administration, and for orphans' business.
Section 9. A competent number of justices of the peace shall be appointed
in and for each county, in such mode, and for such term of office, as the
General Assembly may by law direct ; whose jurisdiction, in civil cases,
shall be limited to causes in which the amount in controversy shall not
exceed one hundred dollars ; and in all cases tried by a justice of the
peace, the right of appeal shall be secured, under such rules and regulations
as may be prescribed by law.
Section 10. The judges of the supreme court, circuit courts, and
courts of chancery, shall, at stated times, receive for their services a
compensation, which shall be fixed by law, and which shall not be diminished
during their continuance in office ; but they shall receive no fees or perquisites
of office, nor hold any office of profit or trust, under this State, the
United States, or any other power.
Section 11. Judges of the supreme court, and chancellors, shall be
elected by a joint vote of both houses of the General Assembly ; judges
of the circuit and probate courts, and of such other inferior courts as
may be by law established, shall be elected by the qualified electors of
the respective counties, cities, or districts, for which such courts may
be established. Elections of judges by the people shall be held on the first
Monday in May, or such other day as may be by law prescribed, not within
a less period than two months of the day fixed by law for the election of
Governor, members of the General Assembly, or members of Congress. Vacancies
in the office of circuit judge, probate judge, or judge of any other inferior
court established by law, shall be filled by the Governor ; and the person
appointed by him shall hold office until the next election day by law appointed
for the election of judges, and until his successor shall have been elected
and qualified.
Section 12. The judges of the several courts of this State shall
hold their offices for the term of six years ; and the right of any judge
to hold his office for the full term hereby prescribed, shall not be affected
by any change hereafter made by law in any circuit or district, or in the
mode or time of election ; but for any willful neglect of duty, or any other
reasonable cause, which shall not be a sufficient ground of impeachment,
the Governor shall remove any judge, on the address of two thirds of each
house of the General Assembly. Provided, that the cause, or causes, for
which said removal may be required, shall be stated at length in such address,
and entered on the journals of each house. And provided further, that the
judge intended to be removed shall be notified of such cause or causes,
and shall be admitted to a hearing in his own defence, before any vote for
such address ; and in all such cases, the vote shall be taken by yeas and
nays, and be entered on the journals of each house respectively.
Section 13. No person who shall have arrived at the age of seventy
years, shall be appointed or elected to, or shall continue in, the office
of judge in this State.
Section 14. The judges of the supreme court shall, by virtue of their
offices, be conservators of the peace throughout the State ; as also the
judges of the circuit courts within their respective circuits, and the judges
of the inferior courts within their respective counties.
Section 15. Clerks of the circuits courts, and of such inferior courts
as may be by law established, shall be elected by the qualified electors
in each county, for the term of four years ; and may be removed from office,
for such causes, and in such manner as may be by law prescribed. Vacancies
in the office of clerk shall be filled by the judge of the court, and the
person so appointed shall hold office until the next general election, and
until his successor is elected and qualified. Provided, that the General
Assembly shall have power to annex the duties of clerk to the office of
judge of any inferior court by law established.
Section 16. The style of all process shall be, The State of Alabama
; and all prosecutions shall be carried on in the name, and by the authority
of the State of Alabama , and shall conclude, against the peace and dignity
of the same.
Section 1. A secretary of State, a comptroller of public accounts,
and a State treasurer, shall be elected by a joint vote of both houses of
the General Assembly, each of whom shall continue in office during the term
of two years, shall perform all the duties that may be required of him by
law, and receive such compensation as may be by law provided.
Section 2. An attorney-general and as many solicitors as there are
judicial circuits in the State, shall be elected by a joint vote of both
houses of the General Assembly, each of whom shall hold his office for the
term of four years, shall perform all the duties that may be required of
him by law, and shall receive such compensation for his services as may
be by law provided, which shall not be diminished during his continuance
in office.
Section 3. 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 shall not be eligible to serve, either as principal
or deputy, for any two successive terms. Vacancies in the office of sheriff
shall be filled by the Governor, as in other cases ; and the person so appointed
shall continue in office until the next general election in the county for
sheriff as by law provided.
Section 4. No member of Congress, nor any person who holds any office
of profit or trust under the United States, (except postmasters,) or any
other State or government ; nor any person who shall have been convicted
of having given or offered any bribe to procure his election or appointment;
now any person who shall have been convicted of bribery, forgery, perjury,
or other high crime or misdemeanor which may be by law declared to disqualify
him,--shall be eligible to any office of profit or trust under this State.
Section 5. All commissions shall be in the name, and by the authority
of the State of Alabama ; shall be sealed with the great seal of the State,
signed by the Governor, and attested by the secretary of State.
Section 6. All civil officers of this State, legislative, executive,
and judicial, before they enter upon the execution of the duties of their
respective offices, shall take the following oath: "I solemnly swear,"
(or affirm, as the case may be,) "that I will support the constitution
of the United States , and the constitution of the State of Alabama, so
long as I continue a citizen thereof ; and that I will faithfully discharge,
to the best of my abilities, the duties of the office of So help me God."
Section 7. All civil officers of the State, whether elected by the
people, or by the General Assembly, or appointed by the Governor, shall
be liable to impeachment for any misdemeanor in office ; but judgement in
such cases shall not extend further than removal from office, and disqualification
to hold any office of honor, trust, or profit, under the State ; but the
party convicted shall, nevertheless, be liable and subject to indictment,
trial, and punishment according to law.
Section 1. Every white male person, of the age of twenty-one years
and upwards, who shall be a citizen of the United States, and shall have
resided in this State one year next preceding the election, and the last
three months thereof in the county in which he offers to vote, shall be
deemed a qualified elector. Provided, that no soldier, seaman, or marine,
in the regular army or navy of the United States, and no person who shall
have been convicted of bribery, forgery, perjury, or other high crime or
misdemeanor which may be by law declared to disqualify him, shall be entitled
to vote at any election in this State.
Section 2. In all elections by the people, the electors shall vote
by ballot, until otherwise directed by law.
Section 3. Except in cases of treason, felony, or breach of the peace,
electors shall be privileged from arrest during their attendance at elections,
an in going to and returning from the same.
Section 4. Returns of elections for all civil officers elected by
the people, who are to be commissioned by the Governor, and also for members
of the General Assembly, shall be made to the secretary of State.
Section 1. The General Assembly may, whenever two thirds of each
house shall deem it necessary, propose amendments to this constitution ;
which proposed amendments shall be duly published in print, (in such manner
as the General Assembly may direct,) at least three months before the next
general election for representatives, for the consideration of the people
; and it shall be the duty of the several returning officers, at the next
ensuing general election for representatives, to open a poll for the vote
of the qualified electors on the proposed amendments, and to make a return
of said vote to the secretary of State ; and if it shall thereupon appear
that a majority of all the qualified electors of the State, who voted for
representatives, voted in favor of the proposed amendments, and two thirds
of each house of the next General Assembly, before another election, shall
ratify said amendments, each house voting by yeas and nays, said amendments
shall be valid, to all intents and purposes, as parts of this constitution.
Provided, that said proposed amendments shall, at each of said sessions
of the General Assembly, have been read three times, on three several days,
in each house.
Section 2. After the expiration of twelve months from the adoption
of this constitution, no convention shall be held, for the purpose of altering
or amending the constitution of this State, unless the question of convention
or no convention shall be first submitted to a vote of the qualified electors
of the State, and approved by a majority of the electors voting at said
election.
Adopted by the convention, by the unanimous vote of all the delegates
present, at the State capitol, in the city of Montgomery, on this, the thirtieth
day of September, in the year of our Lord one thousand eight hundred and
sixty-five, and of the Independence of the United States the ninetieth year.
BENJ. FITZPATRICK,
President of Convention.
Attest: --Wm. H. OGBOURNE,
Secretary of Convention.