tion, 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,

Sec'y of Convention.

CONSTITUTION OF ALABAMA-1867.*

PREAMBLE.

We, the people of the State of Alabama, by our representatives in convention assembled, in order to establish justice, insure domestic tranquillity, provide for the common aefence, 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:

ARTICLE I.

DECLARATION OF RIGHTS.

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

SECTION 1. That all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness.

SEC. 2. That all persons resident in this State, born in the United States, or naturalized, or who shall have legally declared their intention to become citizens of the United States, are hereby declared citizens of the State of Alabama, possessing equal civil and political rights and public privileges.

SEC. 3. 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 inherent right to change their form of government, in such manner as they may deem expedient.

SEC. 4. That no person shall be deprived of the right to worship God according to the dictates of his own conscience.

Congress having directed how constitutions should be formed in the States recently in rebellion, by the acts of March 2 and March 21, 1867, a convention was called, which assembled at Montgomery November 5, 1867, and framed the above constitution. Congress, after its reception, passed an act on the 25th of June, 1868, declaring that whenever the legislatures of Alabama [and other States named] should pass an act ratifying the fourteenth article of amendment to the Constitution, such State should be declared entitled to the admission of its Representatives in Congress. This was done on the 11th of July, 1868, and proclamation thereof was made by the President of the United States on the 20th of July, 1868.

SEC. 5. That no religion shall be established by law.

SEC. 6. That any citizen may speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that liberty.

SEC. 7. 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 probable cause, supported by oath or affirmation.

SEC. 8. That in all criminal prosecutions, the accused has a right to be heard by himself and counsel, or either; 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, or be deprived of his life, liberty, or property, but by due process of law.

SEC. 9. That no person shall be accused, or 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.

SEC. 10. That no person shall, for any indictable offence, be proceeded against criminally, by information, except in cases arising in the land and naval service, or in the militia when in actual service, or by leave of the court for oppressions 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 and proceedings before justices of the peace, or such inferior courts as may be by law established.

SEC. 11. That no person shall, for the same offence, be twice put in jeopardy of life or limb.

SEC. 12. That no person shall be debarred from prosecuting or defending, before any tribunal in the State, by himself, or counsel, any civil cause to which he is a party.

SEC. 13. That the right of trial by jury shall remain inviolate.

SEC. 14. That in prosecution 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 libel, the jury shall have the right to determine the law and the facts under the direction of the court.

SEC. 15. That all courts shall be open, that every person, for any injury done him in his lands, goods, person or reputation, shall have a remedy by due process of law; and right and justice shall be administered without sale, denial or delay.

SEC. 16. That suits may be brought against the State, in such manner and in such courts as may be by law provided.

SEC. 17. That excessive fines shall not be imposed, or cruel punishment inflicted. SEC. 18. That all persons shall, before conviction, be bailable by sufficient sureties, except for capital offences when the proof is evident or the presumption great. Excessive bail shall not, in any case, be required.

SEC. 19. The privilege of the writ of habeas corpus shall not be suspended, except when necessary for public safety in times of rebellion or invasion.

SEC. 20. 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, except on the testimony of two witnesses to the same overt act, or his own confession in open court.

SEC. 21. 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.

SEC. 22. That no person shall be imprisoned for debt.

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

SEC. 24. That no ex post facto law, or any law impairing the obligation of contracts, shall be made.

SEC. 25. That private property shall not be taken or applied for public use, unless just compensation be made therefor; 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 either persons or corporations, and for works of internal improvement, the right to establish depots, stations, and turn-outs; but just compensation shall, in all cases, be first made to the owner.

SEC. 26. That all navigable waters shall remain forever public highways, free to the citizens of the State, and of the United States, without tax, impost or toll imposed; and that no tax, toll, impost or wharfage shall be demanded or received from the owner of any merchandise or commodity, for the use of the shores, or any wharf erected on the shores, or in or over the waters of any navigable stream, unless the same be expressly authorized by the general assembly.

SEC. 27. That the citizens have a right, in a peaceable manner, to assenible together for the common good, and to apply to those invested with the power of government, for redress of grievances, or other purposes, by petition, address or

remonstrance.

SEC. 28. That every citizen has a right to bear arms in defence of himself and the State.

SEC. 29. That no person who conscientiously scruples to bear arms shall be compelled to do so, but may pay an equivalent for personal service.

SEC. 30. 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 made for a longer term than one year, and the military shall, in all cases, and at all times, be in strict subordination to the civil power.

SEC. 31. That no soldier shall, in time of peace, be quartered in any house, without the consent of the owner; or in time of war, but in a manner to be prescribed by law. SEC. 32. That no title of nobility, or hereditary distinction, privilege, honor, or emolument, shall ever be granted or conferred in this State; that no property qualification shall be necessary to the election to, or holding of any office in this State, and that no office shall be created, the appointment to which shall be for a longer time than during good behavior.

SEC. 33. That emigration from the State shall not be prohibited; and that no citizen shall be exiled.

SEC. 34. That temporary absence from the State shall not cause a forfeiture of residence once obtained.

SEC. 35. That no form of slavery shall exist in this State; and there shall be no involuntary servitude, otherwise than for the punishment of crime, of which the party shall have been duly convicted.

SEC. 36. The right of suffrage shall be protected by laws, regulating elections, and prohibiting, under adequate penalties, all undue influences from power, bribery, tumult or other improper conduct.

SEC. 37. That this State has no right to sever its relations to the Federal Union, or to pass any law in derogation of the paramount allegiance of the citizens of this State to the Government of the United States.

SEC. 38. That this enumeration of certain rights shall not impair or deny others retained by the people.

ARTICLE II.

STATE AND COUNTY BOUNDARIES.

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 to 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 northwest 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.

SEC. 2. The general assembly may, by a two-thirds vote of both houses 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 counties shall be hereafter formed of less extent than six hundred square miles; and no existing county shall be reduced to less extent than six hundred square miles; and no new county shall be formed which does not contain a sufficient number of inhabitants to entitle it to one representative under the ratio of representation existing at the time of its formation, or unless the county or counties from which it is taken shall be left with the required number of inhabitants entitling such county or counties 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.

SEC. 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.

ARTICLE IV.

LEGISLATIVE DEPARTMENT.

SECTION 1. The legislative power of this State shall be vested in a general assembly, which shall consist of a senate and house of representatives.

SEC. 2. The style of the laws of this State shall be: "Be it enacted by the general assembly of Alabama." Each law shall contain but one subject, which shall be clearly expressed in its title; and no law shall be revised or amended unless the new act contain the entire act revised, or the section or sections amended; and the section or sections so amended shall be repealed.

SEC. 3. Senators and representatives shall be elected by the qualified electors, on the Tuesday after the first Monday in November. The term of office of the senators shall be four years, and that of the representatives two years, commencing on the day after the general election.

SEC. 4. No person shall be a representative unless he is eligible as an elector to vote for members of the general assembly.

SEC. 5. No person shall be a senator, unless he be eligible as an elector to vote for members of the general assembly, and shall be twenty-seven years of age, and shall have resided for two years within the State, and for the last year thereof within the district for which he shall be chosen.

SEC. 6. The house of representatives, when assembled, shall choose a speaker, and its other officers; and the senate shall choose a president, in the absence of the lieutenant-governor, and its other officers: 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 shall be directed by law. The president of the senate and the speaker of the house of representatives shall remain in office until their successors are elected and qualified.

SEC. 7. A majority of each house shall constitute a quorum to do business, but a sinaller 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.

SEC. 8. Each house may determine the rules of its own proceedings, punish members for disorderly conduct, and, with the consent of two-thirds, expel a member; but not a second time for the same cause; and shall have all other powers necessary for, a branch of the legislature of a free and independent State.

SEC. 9. Each house, during the session, may punish by imprisonment, any person not a member, for disrespectful or disorderly behavior in its presence, or obstructing any of its proceedings: Provided, That such imprisonment shall not, at any time, exceed forty-eight hours.

SEC. 10. Each house shall keep a journal of its proceedings, and cause the same to be published immediately after its adjournment, excepting such parts as in its judgment may require secrecy; and the yeas and nays of the members of either house, on any question, shall, at the desire of one-tenth of the members present, be entered on the journals. Any member of either house shall have liberty to dissent from, or protest against, any act or resolution, which he may think injurious to the public or an individual, and have the reasons of his dissent entered on the journals. SEC. 11. Members of the general assembly shall, in all cases, except treason, felony or breach of the peace, be privileged from arrest; and they shall not be subject to any civil process during the session of the general assembly, nor for fifteen days next before the commencement and after the termination of each session.

SEC. 12. When vacancies occur in either house, the governor, or the person exercising the powers of the governor, shall issue writs of elections to fill such vacancies. SEC. 13. The doors of each house shall be open, except on such occasions as in the opinion of the house may require secrecy.

SEC. 14. 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.

SEC. 15. Bills may originate in either house, and be amended, altered or rejected by the other; but no bill shall have the force of law, until on three several days it be read in each house, and free discussion be allowed thereon; unless in case of urgency, four-fifths of the house in which the bill shall be pending, may deem it expedient to dispense with this rule. And every bill, having passed both houses, shall be signed by the speaker and president of their respective houses: Provided, That all bills for raising revenue shall originate in the house of representatives, but the senate may amend or reject them as other bills.

SEC. 16. Every bill or resolution having the force of law, to which the concurrence of both houses of the general assembly may be necessary, except on a question of adjournment, which shall have passed both houses, shall be presented to the governor, and if he approve, he shall sign it; 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 on the journals, and proceed to reconsider it. If after such reconsideration, a majority of the whole number of members of that house shall agree to pass it, it shall be sent, together with the objections, to the other house, by which it shall be reconsidered, and if approved by a majority of the whole number of members of that house, it shall have the same effect as if it had been signed by the governor; but in all such cases, the votes of both houses shall be taken by yeas and nays, and the names of persons voting for and against the bill or resolution, shall be entered on the journals of both houses respectively. If the bill or resolution shall not be returned by the governor within five days (Sundays excepted) after it shall have been presented to him, it shall have the same force and effect as if he had signed it, unless the general assembly by its adjournment, prevent its return, in which case it shall not be a law.

SEC. 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 bills.