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 and 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.

§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shall continue to hold and exercise their respective offices under the authority of this State, until they shall be superseded under the authority of this Constitution, and shall receive from the treasury of this State the same compensation which they heretofore received, in proportion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 as soon as elections or appointments can be made to such officers by authority of this Constitution.

85. 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and remain in force as the laws of this State, until they expire by their own limitation, or shall be altered or repealed by the legislature thereof.

PART II.

RELATING TO THE SECESSION OF THE STATE OF ALABAMA FROM THE GOVERNMENT OF THE UNITED STATES.

CHAPTER I.

SECTION 1. Be it declared and ordained by the people of the State of Alabama in convention assembled, That the State of Alabama now withdraws, and is hereby withdrawn, from the Union known as "the United States of America,' and henceforth ceases to be one of said United States, and is, and of right ought to be, a sovereign and independent state.

SEC. 2. Be it further declared and ordained by the people of the State of Alabama in convention assembled, That all the powers over the territory of said State, and over the people thereof, heretofore delegated to the government of the United States of America, be and they are hereby withdrawn from said government, and are hereby resumed and vested in the people of the State of Alabama.

SEC. 3. Be it ordained by the people of Alabama in convention assembled, That the Constitution framed and adopted on the eleventh day of March, 1861, by the deputies from the states of South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas, in convention assembled, at Montgomery, Alabama, be and the same is hereby APPROVED, RATIFIED and ADOPTED, as the Federal Constitution for the people of Alabama.

CHAPTER II.

SECTION 1. No law enacted by the authority of the State of Alabama, in force on the eleventh day of January, A. D. 1861, and consistent with the Constitution of this State, and not inconsistent with the ordinances of this convention, is affected by the ordinance known as the ordinance of secession, adopted on said day, and entitled "An ordinance to dissolve the union between the State of Alabama and other states, united under the compact styled the Constitution of the United States."

SEC. 2. No office, civil or military, created by this State, or under the authority of its laws, in force on the eleventh day of January, A. D. 1861, and

no officer lawfully exercising the powers or duties of such office, is affected by said ordinance of secession, except the offices of the members of the house of representatives, and of the senators of the congress of the United States of America, and these are abrogated.

SEC. 3. No offense against the laws of this State, committed before or since the adoption of said ordinance of secession, is affected by said ordinance, and no offender against said laws, is relieved or discharged from the consequences of such offense by said ordinance; and no amercement, fine, penalty, forfeiture, escheat, bond, or recognizance, accruing or enuring, in whole or in part, to the State of Alabama, whether in action or in judgment, is affected by said ordinance.

SEC. 4. No bond issued by authority of the laws of this State, or bills or coin lawfully used as money in this State, and no bond, obligation, debt or duty, due or owing to this State, or enuring, in whole or in part, to this State, before or since the adoption of said ordinance, is affected thereby. SEC. 5. No process or proceeding of any court of this State is affected by said ordinance of secession.

SEC. 6. No right, title, franchise, easement, license or privilege given, granted or conferred to, or upon any person or body corporate, under and by authority of the laws of this State, and no right of possession or property, action or prosecution, title, claim, contract, agreement, obligation, debt or duty, of any person or body corporate, is affected by said ordinance of secession, unless the same is inconsistent with said ordinance, or is affected by some other ordinance of this convention.

SEC. 7. No rights acquired, or vested in any body corporate under the Constitution of the United States, or under any act of congress passed in pursuance thereof, or under any law of this State, and not incompatible with said ordinance of secession, is affected by said ordinance.

CHAPTER III.

RELATING TO THE CHANGES IN THE CONSTITUTION OF ALABAMA.

SECTION 1. Be it ordained by the people of the State of Alabama in convention assembled, That no change made in the Constitution of the State of Alabama, by this convention, shall have the effect to divest any right, title, or legal trust existing at the time of making such change. But all such changes shall have a prospective and not a retrospective effect, unless otherwise declared in the change itself.

SEC. 2. Be it ordained by the people of Alabama in convention assembled, That an ordinance adopted by the people of this State, in convention, at Huntsville, on the second day of August, one thousand eight hundred and nineteen, disclaiming forever all right to the waste or unappropriated lands lying within this State, is hereby repealed; but the navigable waters of this State shall remain forever free to the citizens of this State, and of such states as may unite with the State of Alabama, in a Southern slave-holding confederacy. But no right heretofore obtained, by any person or corporation, to erect a bridge, or bridges, across the navigable waters of this State, shall be affected by this ordinance; Provided, that the navigation of such rivers be not obstructed thereby.

MODE OF AMENDING AND REVISING THE CONSTITUTION.

The general assembly, whenever two-thirds of each house shall deem it necessary, may propose amendments to this Constitution, which proposed amendments shall be duly published in print, at least three months before the next general election of representatives, for the consideration of the people, and it shall be the duty of the several returning-officers, at the next general election which shall be held for representatives, to open a poll for, and make a return to the secretary of state for the time being, of the names of all those voting for representatives who have voted on such proposed amend

ments, and if thereupon it shall appear that a majority of all the citizens of this State, voting for representatives, have voted in favor of such proposed amendments, and two-thirds of each house of the next general assembly shall, after such an election, and before another, ratify the same amendments by yeas and nays, they shall be valid, to all intents and purposes, as parts of this Constitution; Provided, that the said proposed amendments shall, at each of the said sessions, have been read three times, on three several days, in each house; Provided further, that a convention of the people of the State may be called by a vote of two-thirds of each branch of the general assembly, under such rules and regulations as the legislature may prescribe, to amend the Constitution, or for any other purpose.

Adopted by the people of Alabama, by the unanimous vote of their delegates in convention assembled, at the capitol, in the city of Montgomery, on this the twentieth day of March, in the year of our Lord, one thousand eight hundred and sixty-one, and of the Confederate States of America the first year. WILLIAM M. BROOKS, President of the Convention of the People of the State of Alabama. Attest-A. G. HORN,

Secretary of Convention.

CONSTITUTION OF THE STATE OF ALABAMA,

AS REVISED AND AMENDED BY THE CONVENTION ASSEMBLED AT MONTGOMERY, ON THE TWELFTH DAY OF DECEMBER, A. D. 1865.

PREAMBLE.

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 defense, 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:

ARTICLE I.

DECLARATION OF RIGHTS.

That the general, great, and essential principles of liberty and free government may be recognized and established, we declare

§1. That no man, and no set of men, are entitled to exclusive separate public emoluments or privileges, but in consideration of public services.

§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.

§3. That no person within this State shall, upon any pretense whatever, be deprived of the inestimable privilege of worshiping 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.

§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.

$5. That every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that liberty.

§6. That the people shall be secure in their persons, houses, papers, and possessions, from unreasonable seizures or searches; and 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.

§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, and have a copy thereof; to be confronted by the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and, in al prosecutions, by indictment or information, a speedy public trial by an impartial jury of the county or district in which the offense 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.

§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 offense, and legally applied.

$9. That no person shall, for any indictable offense, be proceeded against criminally, by information; except in cases arising in the land and naval forces, or 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, 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.

$10. That no person shall, for the same offense, be twice put in jeopardy of life or limb.

$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.

§12. That the right of trial by jury shall remain inviolate.

$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.

$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.

§15. That suits may be brought against the State, in such manner, and in such courts as may be by law provided.

$16. That excessive fines shall not be imposed, nor cruel punishments be inflicted.

§17. That all persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses, when the proof is evident, or the presumption great; and that excessive bail shall not, in any case, be required.

§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.

$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.

§20. That no person shall be attainted of treason by the general assembly; and that no conviction shall work corruption of blood, nor forfeiture of estate.

$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.

$22. That the person of a debtor, where there is not 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.

$23. That no power of suspending laws shall be exercised, except by the general assembly, or its authority.

$24. That no ex post facto law, nor any law impairing the obligation of contracts, shall be made.

$25. That private property shall not be taken or applied for public use, unless just compensation be made therefor; nor shall private property be