m % r: mh:: ;!:irr!:i_i .t.f:';.; >;r«^r::i, OIlDIISr_A.NOES AND CONSTITUTION OF THE STATE OF ALABAMA, WITH THE CONSTITUTION OF THE PROVISIONAL GOVERNMENT AND OF THR CONFEDERATE STATES OF AMERICA. -►— ♦^'-^ ^9r^1 MONTGOMERY: BARRBTT, WIMBtSIt & CO., STEAM PRINTERS AND BINDKRS. 1861. \ s%v^ / OR^OIIVAIVCES, *rHE State of Alabama. At a Convention of the People ot the State of Alabama, begun and holden at Montgomery, on the seventh day of January, in the year of our Lord, one thousand eight hundred and sixty-one, and continued to the twelfth day of February in the same year. AN ORDINANCE To dissolve the Union betweeu*the State of Alabama and other States united under the compact styled "The Constitution of the United States of America." Whereas, the election of Abraham Lincoln and Han- nibal Harnlin to the offices of President and Vice Presi- dent of the United States of America, by a sectional party, avowedly hostile to the domestic institutions and to the peace and security of the people of the State of Alabama, preceded by many and dangerous infractions of the Constitution of the United States by many of the States and people of the northern section, is a political wrong of so insulting and menacing a character as to justify the people of tbe State? of Alabama in the adop. tion of prompt and decided 'measures for their future peace and security ; therefore, Be it declared and ordained by ike jjcople of the State oj Alabama in Convention assembled, That the State of Ala- bama now withdraws, and is hereby withdrawn from tlie Union known as "the United States of America," and C>9^i7 henceforth ceases to be one of said United States, and is, and of right ought to be, a {Sovereign and Independent l^tate. Sec. 2. Be it farther declared a?}d ordained by the people of tlu Stale (// Alabama in Convnition assembled, Tliat all the nowera over the Territory of said {State, and over the jtcople thereof, heretofore delegated to the Govern- ment of the United States of America, be and th<'y arc liereby withdrawn from said (jlovernracnt, and arc hereby resumed and vested in the people of the State of Ala- bama. And as it is the desire and purpose of the people of Alabama to meet the slaveholding States of the South, who may approve such purpose, iu order to frame a pro- visional as well as permanent Government upon the prin- ciples of the Constitution of the United States, Be it resolved by the "people of Alabama in Convention as- sembled. Tliat the people of the States of Delaware, Mary- land, Virginia, North Carolina, South Carolina, Florida, Georgia, Mississippi, Louisiana, Texas, Arkansas, Ten- nessee, Kentucky, and Missouri, be and arc hereby invi- ted to meet the people of the State of Alabama, by their Delegates, in Convention, on the fourth day of February, A. I). T*tjl, at the city of Montgomery, in the State of Alahaniu, for the purpose of consulting with each other as U) the most etiectual mode of securing concerted and harniouious action in whatever measures may be deemed moht desirable for our common fieace and security. And be it further resolved^ That the President of this Convention be, and he is hereby, instructed to transmit forthwith a co[)y of the foregoini^ Preamble, Ordinance, anil lA4,'8oIutions to the (Jovcrnors.of the several States nanit-d in said resr)lntions. Done hy tlie people of the State of Alabama, in Couven- ti«Mi af4«embled, at Montgomery, on this, the eleventh day of Jaojuary, A. D. 1861. K^i^?^ William M. Brooks, President of the Convention. W. H. Davis, John Cochran, Alpheus Baker, ^ John W. L. Daniel, Lewis i\L Stone, E. S. Dargan, John Bragg, H. G. Humphries, George A. Ketchura, O. RrBlue, '4 Sam'l Henderson, 0. S. Jewett, N. D. Johnson, Talladega, J. M. McClanahan, Wm. S. Earnest, Jeftbrson, M. G. Slanghtcr, Talladega, John M. Croiok, Alexandria. Dau'l T. Ryan, Calhoun Co., G. C. Whatlcy, " James S. Williamson, James Ferguson Dowdell, John P. Ralls, M. D., Joseph Silver, B. H. Baker, of Russell, James W. Crawford, Geo. D. Shortridge, George Rives, sr., Franklin K Beck, Thomas Hill Watts, Jno. McPherson, Saml J. Boiling, A. J. Curtis, Jas. G. Hawkins, Jeremiah A. Henderson, A. P. Love, Wm. H. Barnes, W. L. Yancey, A. A. Coleman, J. D. Webb, Tho9. H. Herndon, Gappa T. Yelvcrton, S. E. Catterlin, DeWitt C. Davis, David P. Lewis, Hasting E. Owens, Thomas Tipton Smith, James MtKinnie, W. E. Clarke, of Marengo, James F. Bailey, John R. Coffey, Eli W. Starke, Albert Grumpier, Jere Clemens, J. M. Foster, George Taylor, John B. Lennard, A. R. Barclay, Jas, G. Gilchrist, James S. Clark, Lawrence, John W. Inzer, J. P. Timberlake, Jiickson, Lyman Gibbons, of Monroe, Wm. S. Phillips, of Dallas, Nich. Davis, Jef'n Buford, Julius C. B. Mitchell, Richard J. Wood, James L. Slicflield, John Green, sr., R. Jemison, jr., William A. Hood, Arthur Camitbell Beard, •) 6 D. B. Crcecb, . .^ Uenry Mitclicll (ia^;, . ^.,.^ Ralpli O. IIowftr«i, George Forrester, RaiidoTpti. Joliii TxltT Mortraii. A. (;. irORX, Secretary of the Conveutiou. FliA.NK L. tSMlTU, Assistant Secretary of the Convention. Xo. 2.] AN ORDINANCE Concerning Citizensliip. ISkc. 1. Be U declared and ordained by the ptopk vf Ala- bama in. Coiaention as.Hwhled, Every person who. at the (late of tlie Ordinance of Secession, was residing in this tState, and was then by birth or otherwise a cftizvn of the United ^^tatOB of Anitrica, shall continue a citizen of this iState, unless a foreign residence shall be ot^tublishcd by such person with the intention of expatriation. Skc. 2. Every free white person who, after the date aforesaid, may be born within the territory of this iStatc, or may be born outside of that territoiy, of a father or mother who then was a citizen of this State, shall be a eitizcn thereof. Sf;c. 3. Bo, aljjo, every person who, by birth or natu- ralization, wa« a citizen of the United States of America, or of any «laveholdiiig State of North America, and who, within tvvclvo montlis after the date of the Ordinance ot Seceasioii, shall come to reside in this State, with the intention of becoming a citizen thereof. But if such jK-rson wiifl born in a foreign State or country, or in a nou- slaveholding State, he or she shall take the oath of alle* ifiancc to this State below provided. Skc. 4. So, also, every free white person who shall furnish satisfactory evidence of good character, and who shall be cugaged in the actual service, military or naval, of the State, and shall take an oath of his intention to continue in such service for at least six months, and who actually serves six months, unless sooner discharged hon- orably, and also the oath of allegiance below prescribed. 9UI0S Xq paj8:jsiuimpT3 oq \{gi{s siptjo oq; 'es-BO siq; u| commissioned officer of the service in which the applicant for citizenship may be engaged, superior in rank to the applicant, but not of lower rank than Colonel, and a citi- zen of Alabama; and thereupon, certificate of the citi- zenship of the applicant shall be signed by the officer and delivered to the applicant, and must be recorded in some court of record in this State. Sec. 5. In all cases the citizenship of a man shall ex- tend to his wife, present or future, whenever she shall have a residence in the State, and shall extend also to each of his children, who, under the age of twenty-one years, may have a residence in this State. In like man- ner, the citizenship of a woman shall extend to each of her children who, under the age of twenty-one years, may have a residence in the State : Provided, That in no case shall citizenship extend to any person who is not a free white person, except those provided for in the first section of this ordinance. Sec. 6. That the oath of allegiance to this State shall be in the following form, viz: "I do swear (or affirm) that I will be faithful, and true allegiance bear to the State of Alabama, as long as I ma}^ continue a citizen thereof." Sec. 7. The oath of abjuration shall be in the follow-^ ing form, viz : "I do swear (or affirm) that I do renounce and forever abjure all allegiance and fidelity to every prince, potentate, state, or sovereignty whatever, e.Kcept the State of Alabama, Adopted, January 26, 1861. 8 No. 8-]v. ., ,^ AN ORDINANCE To change the Oath of Office iu this State. p, /•' ,/, ,■?'))•' (I and ordained, and it is hereby declared and or- tla people of the State of Alabama in Convc7i- tioh as.<, ,nl'l<'(, Thiit the first section and sixth article of the C'on.-titution of the State of Alahama he amended by strikijii:: out of the fifth line of said section the words "Constitution of the United States and the," after the word "tie," and before the word "Constitution," where they occur. A7i]>ri.'itctl lands lying witliin this State, is hereby re- nt.:!; 1. Iiut the navigable waters of this State shall re- main lurever highways, free to the citizens of this State, and of such States as may unite with the State of Ala- bama in a Southern Slaveholding Confederacy. Adopted, January 28, 1861. No. 5.] AN ORDINANCE To provide for the Military Defense of the State of Ala- bama. Sec. 1. Be it ordained by the j^eople of Alabama in Con- vention assembled, That the Governor be and he is hereby authorized and empowered, in the event of a declaration of war against the State of Alabama, or of an actual invasion of its territory, or of imminent danger of such invasion, to cause to be enlisted and to call into actual •ser%nce a number of troops, not exceeding one thousand non-commissioned officers, musicians and privates, to be enlisted for a term of three years, unless sooner dis- charged. Sec. 2. Be it further ordained, That the Governor be, and he is hereby, authorized to organize said troopsin to corps of artillery, cavalry, or infantry, as the exigencies of the service may require, and to appoint the commis- sioned officers thereof Sec. 3. Be it further ordained, That each of said en- listed men shall be entitled to receive a bounty of ten dollars, one-half on enlisting and the other half on join- ing the corps to which he may belong. Sec. 4. Be it further ordained, That the officers and non-commissioned officers shall be entitled to the same pay and allowances as is now fixed by law for officers and non-commissioned officers of the same grade and arm of seiyice in the army of the United States, and the private soldiers shall receive the same pay, clothing and allowan- ces as private soldiers in the same arm of service in the army of the United States. Sec. 5. Be it further ordained, That whenever tlie pub- lic safety shall demand it from any of the aforementioned causes, in addition to the aforesaid number of troops, the Governor shall be, and is hereby, empowered to accept the services of any number of volunteers who shall associate and offer tlicmselves for the service, either as artillery, in cavalry or infantry, find the volunteers so acc'eptod shall bavo power in the fil^t instance to elect their own oonir pany officors. and wlien organized into reginionts or bat- talions, they shall also have power to elect their rogimoti- tal field officers; but vacancies occurring in said regi- ment!:, or battalions, or companies, shall be filled b}' reg- ular ]»roniotion, according to rules for the regulation of the army of the United States. Sec. 6. Be U further ordained, That said volunteers, when so accepted, shall he PuT»ject to the same rules and regulations, and entitled to the same pa}', rations, cloth- ing, and emoluments of every kind, except as to bounty, as tho eulisted men to be raised by this Ordinance. Skp. 7. JJc it farther ordained, That jsaid volunt9ei3 shall not be accepted for a less .term of service than, (^ year, unless sooner discharged bjMhe Governor. Skc. 8. Be it further ordained, That the Governor shall be, and ho is hereby, anthorizcd and empowered toiippoint one ^Major-General, v^ho shall be entitled to the pay an4 allowances of a Major-General in the army of the United States, who shall hold his oHicc during good behavior, and shall bo entitled to the command of all the troops of the State when iji servico, whether the same shall be reg- ulars, volunteers, or militia. And the Governur shall, from time to time, appoint Brigadier-Generals, accordin|f to the number of troops in the field and the exigencies of the service, not to exceed one Brigadier-General tor every two regiments, whose pay and allowances shall be the same as Brigadier-Generals in the army of the United States, and whose commissions shall be vacated and with- drawn according as, in the opinion of the Governor, their services may be disjicnsed with ; and the said Brigadier- Generals shall take rank according to the date of their commissions. Buc. 9. Be it further ordained, That the Governor shall be, and he is hereby, empowered to ap[)oint an Adjutant and Inspector-General, \vJj,o^e rank shall be that of a 11 ft, ^^rigaclieivGeneral, and who shall he entitled to the pay and allowances of a Brigadier-General. And the Gover- nor may also appoint au Assistant Adjutant-General, with the rank, pay and allowances of a Colonel of Dragoons. And the Governor may also appoint a Quartermaster- General, who shall he entitled to the rank, pay and alloAv- ancep of a Brigadier-General ; and two Assistant Quarter- masters, who shall each be entitled to the rank, pay and allowances of a Captain of Dragoons. And the Governor may also appoint a Surgeon-General and a Paymaster- General, who shall each be entitled to the pay and allow- ances of a Colonel of Infantr3\ Skc, 10. £c it further ordained^ That the staff officers ■^hose. appointment is provided for in the foregoing sec- tion, sliall hold their commissions subject to the discre- tion of the Governor, and may be dismissed at any time, w^hen in his judgment the public service requires it to be done. \*,» 1* "',^*^<, *^ '"■ Six'. 11. Bt it further ordained, That the laws of the United States respecting the regulations and emoluments of recruiting officers, punishment of persons who shall procure or entice a soldier to desert, or shall purchase his arms, uuitorm, clothing, or any part thereof, and the pun- ishment of every commanding officer of any ship or ves- sel, who shall receive on board of his ship or vessel, know- ing him to have deserted, or otherwise carry away any soldier, or refuse to deliver him up to his commanding officer, shall be in force and applj' to all matters and things wkbin the intent and meaning of this ordinance. Skc. 12. Be it further ordained. That no officer of the Un.e or staff, who may be appointed under the provisions of this ordinance, shall be entitled to receive pay or al- lowances until he shall be called into actual service, nor for any longer time than he shall continue therein : Fro- ridtd, That nothing in this ordinance shall be so con- strued as to prevent officers from receiving pay and al- lowances while engaged in the recruiting service, or 12 while prevented from the discbarG^e of tlicir duties by wounds or sickness, or while absent from their posts on leave.' *^lsc: is.* Be it further ordamal, That there shall be appointed by the Governor an Ordnance Officer, with the rank, pay and allowances of a Licutcnant-Colonol of Ar- tillery, who shall have charge of all the [)ublic anus and munitions of war of every kind and description what- ever, and the said Ordnance Officer shall be assisted in the discharge of his duties by a Lieutenant or Lieuten- ants, who maybe detailed for that purpose by the Major- General, whenever in his opinion the public service so requires. Sec. 14. Be it further ordained, That the Quartermas- ter-General, Paymaster-General, Ordnance Officer, and Assistant Quartermasters, shall each give bond and secu- rity, to be approved by the Governor, and renewable at his pleasure, for the faithful performance of the duties of their respective offices. Sec. 15. Be it further ordained, That the Major-Gen- eral, whose appointment is provided for by this ordinance, shall be authorized to appoint a Military Secretary, with the rank, x»ay and allowances of a Captain of Dragoons. Sbc. 16. Be it further ordained. That each General offi- cer may appoint his staff officers, whose rank, pay and allowances shall be the same as that of staff ofticcrs of the same grade in the army of the United States. Sfio. 17." Be it farther ordained, That the regulations for the army of the United States, directed to be pub- lished on the first day of January, 1857, by Jeff. Davis, Secretary of War, shall be, and the same are hereby, adopted by the State of Alabama, so far as they consist with the provisions of this ordinance, and of other ordi- nanc « s which have been or may be adopted by this Con- vention, Sec. 18. Br it further ordained, That the next (icneral Assembly, and each subsequent General Assembly of the State of Alabama may make sucli altefations iu, or amend- ments to, the foregoing ordinance as in their judgment the public service may require. Sec. 19. Be it further ordained, That the system of ac- countability of each department of the army of the United States as now in force, with such alterations and modifi* cations as are or may be necessary to adapt them to the government of the military forces of the State of Ala- bama, be, and the same are hereby, adopted. Adopted, Januar}' 19, 1861. Kg. 6.] AN ORDIKAKCE To re-organize the Militia of the State of Alabama. Sec. 1. Be it ordained by the jpcople of Alabama in Con^ t>ention assembled, That all military commissions in the Militia of the State of Alabama, ot every grade and de* scription, shall be, and the same are hereby, annulled, and declared to be utterly null and void : Provided, hoiocver. That officers now holding such commissions shall not be deprived of their commands until a new election is held, and their successors have been qualified, as hereinafter provided for. Sec. 2. Be it farther ordained, That the foregoing sec- tion shall not apply to the Adjutant-General and Qnarter- maater-General of the Militia, who shall be retained iu office, subject to the pleasure of the Legislature; and may be dismipsed or retained, as the Legislature shall direct. Sec. 2. Be it further ordained, That the duties of the Adjutant-General and the Quartermaster-General of the Militia as now established by law, shall be entirely dis- tinct and separate from the duties of the Adjutant-Gen- eral anil Quartermaster General whose appointnionts are providrd for by an ordinance entitled "an Ordinance to 14 provide for the Military Defense of the State of Alabama," and shall he coiitincd exciu^jivoly to the militia, as conttar: distins^uished from the ciili-^ti'l nx^ii and volunteers actu*- ally in service.^ ^' Sec. 4. Be it further ordained, That the departments of Adjutant-Geucral and Quartcrma.*tcr-l)ilo. and^tfeitrJ^ bu required to enter into bonii with security, to be ap- proved by the .ludere of the -sixth Jndioinl Oirtnit of tlie tState of Alftbarua, iii the (*ainc sum as id Fut forth in bis boi)4 to the* Uintcd ' 6taf.ea, for the taitliful tU-sicharge of his chitids a9 Collec^r of said rort,-T— 6uel\ boiul to be transmitted to the Governor to be fil6d among the ar- chives of the State, and that upon the execution of sa4d bcrnd he proceed to grant clearances ton'essols, find coi-* Icct c ;of,..the State ol" ^la- bamiu ' . . ; ' ''^ '""* , ■ •/•** Sec. 2. That, until otherwise provided by the Conven- tion, the Tarilf, Ivcvenue, Collection, AVare-housinc;, and Navigation Law.s of the L^nitod States, so far as they may •be a]>plicable, be, and tlie same are hereby adopted and trtado the laws of this State, saving that no duties shall be collected upon imports from the States forming the Iftte Federal Union, nor upon tiic tonnage of vessels owted .in whole or in jiart by citizeus of said States. 19 Sid' d\ That all vessels built in Alabama or elsewhere, one-tlnrd of which shall be owned by a citizen or citi- zens of Alabama, or of any other slaveholding State of the late Federal [Tnion, and commanded, by a citizen thereof, and no other, shall be registered as vessels of Ala- bama, under the authority of the Colioctoi* of-the Port aforesaid.: ^ -Jl-'v Mt-'v 's »"»♦••:• '•'•^' '••♦^ *f , Sec. 4. That all moneys hereafter collected by the Collector aforesaid, whether upon goods, wares, and mer- chandize in bond or public store, or that shall herealter arrive from any foreign country, shall, after deducting the sums necessary for the compensation of officers, and other expenses hereinafter referred to, be paid into the Treasury of the Htate of Alabama, for the use of said State, subject to the order of the Convention, or the Gov- ernor of the kState. Sec. 5. That the Collector aforesaid is hereby author- ized and empowered, in the name of the State of Ala- bama, to take into his possession, and subject to his con- trol, the United States Custom House, United States Ma- rine Hospital at Mobile, the Light Houses at Choctaw Point, at Mobile Point, and Sand Island, the range lights and buoys in Mobile Bay, and the United States Kevcuue Cuttei», Lewis Cass, now lying in the Port of Mobile, and that the officers in charge of these several departments be re-appointed to their respective offices: Provided, they are willing to accept the same from the State of Alabama and if not, the Collector is hereby authorized to till the vacancies, under the same regulations as those prescribed for their government under the laws of the United States ; that they report, as they have heretofore done, to the Collector; and the Collector is hereby instructed to su- perintend their duties and to pay their salaries, as he has been accustomed to do under the laws of the United States. Skc. G. That the Board of Steamboat inspectors at the Port of Mobile be re-appointed by the State of Ala- Old rcquirod to continue in the diach&rge of tbcir dutlM, lia tbey liave licretofoiv doiio under the Iav« i>t' •the L'nited btatea, and at the same salury — icporting»,'M Jicretofore, to tbe Collector, and. instead of the ^SecretorJr of iho Treabury of the United State?, to the Governor of tbtf State. S^H. T. That the gold and BiJvor coin of the irnitod States, of England, France, Spain, Mexico, aud • the Southenj Kcpuhiics, siiall be a lawful tender in paynietit of dcbtd and dntie?, at their value, as regulated by t%i9 laM'tt of the Uuitcd States; and that, in the computation of all duties on imports from foreign countries into this tState, tbe laws and the usages, in regard to foreign in- voices, of tlie United States, in reference to the valne of tort qnarter yearly to the Governor of the State, of such sta- tistical returns aa he ha« been heretofore required by the 21 laws of the United Statea to report to the t^ecretary of the Treasury. AVdefat Oourtt* of the United States, as hentofnre o.xi:^finc; \i\ \\\t Statv of Alabama, by virtue of thp Constitution of the 'United States aud the laws of Congi'^a as fiofeiuafter provided. Kko. C. Ik it further ordained^ That thu f>nid Circuit Coortfiof thin State, and the CUy Court of Mobile, sJialF Imre and exercise orii^inal iurisdiction in ail casea embt*a- ciiiir tnHtteiv nf law or of a maritime or admiralty natUrar heretofore cojyuizable in the District or Circnit Courts of ' the Tiiit^d StatcH', by virtue of the Coiif^tuntidn of tkc niiitcd St^ites of America, and the la\v.<^ of 'Conijress puMseil in eoniormify therewith ; and that the Conrts'of CUin»c«r}' of thin State exerciaejurisdictron in all ca>c8 of c^y^^>^ herot"fore exercised or co^t^nizablo in said courts of the United Stales, under the Constitution and lavyts' fhc'Veof t^TV*fn8trued as to ,^ive to the City Court of Mobile any right to try euupes in which is involved, and in direct iMue, tlio title t^o laud. Seo. 4. Be it fiirlKer ordaiuod, That in cases aff(^tiug amba.s>?adohs and othdj' public ministers, the Supreme 23 Court of Alabama sliall have original and exclnsive juris- distion : and in such cases, and in cases affecting consuls, there shall be in all the Courts above specilied; in the ex- ercise of the jurisdiction hereby conferred, as near a con- formity as may be to the regulations and pifaetioe buw prevailing in the United States Courts.. But in all other cases, the pleading, practice and course of proceeding, except in cases as hereinafter stated, shall be in all respects as ill ordinary cases, arising and pending in said Statd courts as regulated by the laws of this State. ■ • Sec. 5. Be it further ordained, That all eases, eiiccpt where the United States of America is plaintifi,- wow, pending in said federal courts within the limits of ttie State of Alabama, and on the law side of the said courts, or of au admiralty and maritime nature, shall be trans- ferred, with all the books of reetmle, dockets, papers and documents, to the same appertaining, to the several cir-. cuit courts 4n the respective counties ijr which' said fgderal courts have herfetotbre been holden, and all proceee now running on any case now pendi.-g in said courts as afore- said, except where the United States of America is plaiu- tiif, shall bo executed by the marshals holding snob jtro- cess and returned to the paid circuit courts, and all cases pending in said courts on the equity side of said courts," with all the papers and documents appertaining to said cases on file in said courts, shall be transferred to the-- chancery courts in the said counties in which said federal courts have lieretofore been htilden, and all process now . running on any such cause now pending as aforesai<^, f^iall" he executed bv the marshals aforesaid and returned to' said chancery courts. i • Sbc. 6". Be iHf ficrther ordained, That the law? of thu United f>tatVs which were in operation at the time of the secession of the State of Alabama from the Tnitcd States, concerning offences c6nnected with the Post.offioe iHfXMt-* ment, the public customs or aeamon, and nn aclJ of'the OonLrrf»- of th*^ United States, entitled "an net tn'oro' cf&QtnailTtO ptimde for Uie punishiA^lli«^^MttlA>ei n|niiiiflt tne Unttod 8t«tep, jii.pl'u'ahle to tbc* SkaA^ of AUhaiua. av6 hereby adopted nn law* of this 8t»l# until fhcv mnv he altered or repen^ipd, nnd all otfrniiea noJc'f suiil laws sliall be f5uhject''to tl>e jnvis^lKJtion'of the oourtii of tbisVtnto., aniJ said oft^nses aro horebv declared td bo o!ft'n!»cs UL'iiinJ't the State of Ahihamn. * ^bC. 7. Jh iJ ffCfihn-ordaUied, That in all on?»cs in \vliich, rtinlt'r tin^ laws aforesaid, trials Ijavo boon had by jnrios, the pfimp Hv.lll be tried by juries nocordiuc: to the practiee of jnrY triftl^' tn the State of Alabama: ami in all cas^^g df admiralty and maritirae jnrisdietioii and all otlM?r ctiees in/vvhich the jnvy trial has not boen established. tholoiiA arvd liuxfe'of proceedinsf shall be sneh in the said fc)t«tfe «>fM't«t4\kin^ jurisdiction ^oft^hch cases as bare been here* (ofofc in uf«c in the said fedx?ral courts within this f^tate t«itrnfe of sneh cases. •Uto^W: . ^e U fitt'tfur ord'Htined,' T\vAi until otherwise or,Miiept I'xisting in said oti U lis, except whenQ tJie Uattbd ^jtaleS of Anjcrica is plaintilf, and all other proeoHft,' rnwno or Hnal, necessary to the perfection of the. ri^»t»-Of »uitois ill wiid federal courts; and su<;h pro- fi*»s. vvheii 8o i*»micd, inay run to any county in the {States. of.Alabaiim. and the shoriHs of suid counties to whick. »u»d ijfoweHe Of prac4iSso3 uvay be gent shall receive, exe- *eut»» and return t-aitat©of AlaU^yot^ ior like service, and shall be ftubjuut to like paiiiii and penalties for defaults and 25 malfestsanee in office in regard to such process or proces- ses as are now prescribed and are now in force in the State of Alabama in regard to processes issued under the laws of the said State; and. such process or processes, when so returned as aforesaid to said respective courts, shall be governed in all respects (except as hereinbefore provided) by the same rules and practice as tbe ordinary pijoceas or processes issued under the laws of the Stato-of Alabama. Sec. 9, Be it farther ordained, That the United States Marshals', in whose hands any process or processes ma,y be running, except whore the United States of America is pkiiititf, shall execute and make return thereof to the respective courts above prescribed in the foregoing sec- tions, and for any default in executing or in making such returns, or for au}'^ failure to pay over money collected on an}' such process or processes, or for any malfeasance in office, or misconduct of any kind or description, in regard to said process or processes, or in the performance of his official duties, the several parties in intciest may have tiie same remedies against tlije said marshal or mar- shals and his or their securities, as are now provided by the. laws of the State of Alabama for like defaults or mis- conduct of sheriffs of the several counties of the State; 80, also, if such marshal or marshals shall have been guilty of any default, malfeasance in office, or misconduct of any kind, before the secession of the t^tate, by which the parties ill int^er^st have had the right to proceed against said marshal or marshals and their securities for such de- faults or liability by motion or other proceeding, the said l^arties slvall not lose such right by the secession of \\\^ State of Alabama, but shall have the right to proceed to eqforcc the said claim before the courts above speci- fied, in the same manner as prescribed in the i>fecedi^)g part of this section; and that such marshal shall be caiti- tled to tlre'same pay as provided by the laws. of the Uui-.- ted StaiGi^ • ., •26 i^ECt 10. Be it^fifrlhcr onciainc^^'Ihat an ixot of tbje ('nii:rrc8s oC thcX^nitcfl Statoe, passed Muy iG, iJ-H), eu^ tiiKtl»or i>tate/' jmd .'ilso an act of the, Congri'^.s of tlio United States, ]tass«id 27th day of March, lbU4, entitled "an act supjileuientafy "to an act entitled) 'nn act to i»rescrib(> tlje nnjde in wliieli the public acts, records and juditMal pro* cecdin/c8 in aich State shall be authenticated so as to take ctiect iii every other State,'"" and which said acts of Ceyffrofs are found in the Code of Alabaniaou >pat;e 50, f^rc 'hereby /adopted as the Jaws of tbeState of Alal)aina, »nd that all records, papers, mid documents, ^)f every kigd aud d'escriptio.i>,-^utheniticated accordiiii^ to said aet,«i of i-onsj^ress, shall ]je,.to all intents and pui|»oses, jls valid, and of the same force and etfect, as.if the State of A hUjiima had not seceded from, the UnitetJ States of AmericB. . « . ' 'S/:r. 11. Be il further ordained:, That in all cases in which an appetll or writ of error from any judgnicntoi* devree of the Suprarue Court -of .the State oC Alabanja litt!^ been taken to the Siijircine Court of the Tnitcd- St:\tes of America, and which was pending in paid Su'- l»remp.Court of the 'United States before the llth pf Jan- uary, ifSOl, the Sjipremo Court of the State of Alabama Bhull jrroceed tooxecute such ju(lgme;it as if no a^ipeal ov writ of urrqr liad been tidien, and in all cases in which an appeal bp writ of ofiW has been taken from a«y district or cln-nit couH of the United States of America lioldon fn the Star« of Alabama, to the Supreme Court of the Uni- Uyi\ States of AtnOrica, -and which was pending in said Sxjyreme Court before the llth day of January, 1861s the ftppcal shall be considered as taken to the Supreme Coui't: of Mio State of Alabama, and the paft}^ ap^^ealing or taking sus-h writ of error, may iilc a transcript in said Sciprt-nic Court of the fc^tate of Alabama, within six 2> months from tliis date ; and said court shall take jurisdic- tion upon the same as if the appeal or writ of error had been originally taken to said Supreme Court of Alabama, and if such transcript be not filed within the. firiie afore-- said^ then said appeal shall be null and void, and the proper court shall proceed to execute the judgment orig- . inally rendered. But, befbre filing such transcript the ^•arty shall give bond and security, as now reC[uired by law foF appeals to the Supreme Court of the State of Ala- bama, which bond shall bo given in the court to which the cause is transferred by this' ordinance. Sec. 12. Be it further ordained., That no suit in which the United Statesof America is the party plaintiff against any citizen or citizens of the State of Alabama, ^hall, by reason of the foregoing ordinance,, be transferyed to, or tried, by any of the. courts of the State of Alabama, nor i^jiMill any ^it be brought in. the nam« of the- United States 6t America, in aijy of the, Courts aforesaid, against any citizen or citizens of this State, until otherwise ordered by this Convention, or by thc' General Assembly of the State of Alabama. vSec. 13. Be it fvrthcr ordained, That the federal juris- diction disposed of in the above and foregoing ordinance ahaU be exercised bythe State courts above named only until the Southern Congress now contemplated shall otherwise dispose of the same. Adopted, January 2&, 18G1. ?ro"*15.] AN ORDINANCE • . In reference to the several Ordinances passed'by this Con- vention in relation to Federal Aftairs. ■Bi^it ordrtined by the people of the State of Ata^tama in Con- fmM^^ ttsscmjikdy That th« several ord in auccs pafised by this Ci^DVOiition, ill reference to 8iiV»jcer any law of this State, twid nM Incompatible with aaid Ordinance of Secession, is affected by eaid ordinaneci Adopted January 2S, IM\. 30 Ko. 17.] AN OKD^XANOE Cojicerning Foreign Coin. Be a ordabkcd by the people of Aiabahid in Convention as> itmhle4, That the laws of the Umted ibt^tos, late in for^e iti this »^t:itCj relating to the denoininatidn an(l value of the gold and silver coin of the United Sta<-cp, ami other foreign (J-oyntrles, shivH ,be adopted as the laws of this State until pthcrvvise provided; and such coins sliall be a legal tender in this State, a.t the value now fixed "by such laws, Adoptqdj January 24, 1861. Xo. Ib.j AX ORDINANCE Yoi the Issuanc/B of State Bonds. Be it ittdarrd and orddijied', and U is hcvcbi) decldrM firr4 of-' dained, bg tin; people of Alabama, b\j thcu' I)ekf/ates^i)i Con- rdition /ifscmljlcd', That, in order to provide for the payment 6f^ any.extraovdinary expenses of the State Government, tlje General Assembly of this State shall have power to canac' to' he issued bonds of the State of Alabama, to sneh i\\\ amount and in ench sums as they may deem besjt, — the jtrincipal aod interest to be made payable at such tini« and fdace, and at s^ich rate, as thrcscnta- tives in the Congress of the United States; and that each State shall have one vote ujion all questions upon which a vote may be taken in fuid Convention. 'Mesolctd^ therefore, That this Convention will proceed to eli'ct, by ballot, one Dt'[»uty from each Congressional t)i8trit't in this State, and two Deputies from the State at large, ul twelve o'clock, meridian, on Friday, the 18th of January instant, who shall be authorized to meet in Con- 33 veution such Deputies as may be appointed by tlie otlier slaveholding States who may secede from the Federal TTnion, for the purpose of carrying into effect the forego- iuirand the resohitions attached to the Ordinance dissolv- ing the Union ; and that Deputies shall be elected separ- ateh', and each Deputy shall receive a majority of the members voting. Adopted, January 17, 1861. EESOLUTION In relation to the Navigation of the Mississippi Kiver. Whereas, the navigation of the Mississippi river is a question in which several Northern States and Southern States yet in the Federal Union, are deeply interested ; and whereas, the people of the State of Louisiana are about to consider of the propriety" of seceding from said Union ; and whereas, this is a subject which will properly come under the consideration of the Convention of Se- ceding States to meet on the fourth day of February — Be. it resolved^ That it is the deliberate sense of this Convention that the navigation of the Mississippi river to the people of the States and Territories of the Federal Union upon it and its tributaries, should remain free, and that no restriction upon this privilege should be made, further than may be necessary for tonnage duties to keep open, and make safe, the navigation of the moutli of said river, and lor purposes of protection against a belligerent and unfriendly people. Adopted, January 25, 1801. 84 RESOLUTION lu relation to the African Slave Trade. WnKREAP, the people of Alabama arc opposed, on the grounds of public policy, to the re-opening of the African Slave Trade ; therefore, Bcsolved, That it is the will of the people of Alabama that the Deputies elected by this Convention to the Southern Convention, to meet nt the city of Montgomery on the fourth day of February next to form a Southern Republic, be, and they are hereby, instructed to insist on the enactment by said Convention of such restrictions as ^viIl t'ltectually prevent iho re-opening of the African Slave Trade. Adopted, January 28, 1861. OMr>t]srA.ivoKi5;. Tfl8 State oP Alabama* At a Convention of the People ot the State of Alabama, begun and holden at Moutgomeiy, on the fourth day of March, in the year of our Lord, one thousand eight hundred and sixty-One, and continued to the twenty -first day of March in the same year. No. 21.] AN ORDINANCE For the purchase of Provisions. Be it ordained bit the people of Alabama in Convention aS' sembl.cd, That the Governor of this State be, and he is hereby authorized to appoint an agent whose duty it shall be to make purchases of provisions and stores for the troops of the State, from time to time, as the same may be required. And the said agent shall be at all times subject to the control, order and direction of the Gover- nor in the matters aforesaid, and may be dismissed from the public service at the pleasure of the Governor. Be it further ordained^ That the rate of compensation allowed to the aaid agent shall be settled by agreement with the Governor, which agreement shall be reduced to writing:, and filed in the Executive Department of the State. Be it further ordained, That said agent shall give bond and security, to be approved by the (iovernor, which said bond shall be iiu-roasud in amount fi-'Ui time to time, as the Governor shall ! ox-oitt a jiloa to the merits. JRe U further vrthi /led, That the sums of money neces- «arv to carry into clfect the forcgoinjEr ordinance, nwny h^ borrowed by the Governor, and he is hereby authorized and empowered to execute bonds for the same in the name of the State: Provided, howeier, that no such bond shall have les8 than twelve months to run, nor carry a higher rate of interest than eight per centum per niiniuii. Approved, Januajy 14, IHtll. No. 22.] W ('{■M»[y.\\^rK To turn over to the LJoveiinnt'iit ot tlio C'onfcdorate ' States the Arms and MuJiitions of AVar beloniriiig to V tliia 8tatc, and for other purposes. >i ' . I . Be U ordained by the people of Alabama in Con- levtion assembled. That the control of all military opera- tions in this State, having reference to, or connection with, fjuestions between this State and other States, or any power foreign to them, shall be turned over to the ^M iVovisional Government of the Confederate States of > icft, to bo exercised by said Government. .2. And be it further ordained, That the State of Alabama hereby turns over to the Provisional Govern- ment of the C'onfedorato States ot America all arms and munitions of war which liave been acquired from the late T'niftMl States, and which are now in the forts and arse- \ na!« in this Stat'-; and that the Governor of this State shall have power to make a similar disposition of any Other arms and mnnitiona of war which belong to this v State, e.xcepting muskets, rillcs and small arms : Provided, Thiif til.- s:.i.l (;,,v,.r.MM..ni "f t lie Confederate States shall 37 account for all sncli arms and munitions of war as are hereby turned over. Skc. 3. And be it further ordained, The transfer provi- ded for in this ordinance shall he conducted on the part of this State by the Governor thereof. Adopted, March 0, 18G1. Is^o. 23] AX ORDINANCE To provide for the transfer of certain Troops therein mentioned to the Confederate States of America. SiiC. 1. Be it ordained hi/ the people of Alabama in Con- ■cntioii assembled, That the Governor of this State bo, and ]je is hereby, authorized and empowered to transfer and turn over to the Confederate States of America, all the non-commissioned officers, musicians and privates who have been enlisted, or may be enlisted, under the provi- sions of an ordinance entitled "an Ordinance to provide for tiic military defense of the State ot Alabama," adopt- ed January 19tb, 18G1. Skc. 2. Be it farther ordnim-d, That ihc coniiiii?siuned ifticcrs of said enlisted men, appointed under the provi- ions of said ordinance, may be transferred to the service of the Confederate States of America, upon terms to be ai^reed upon by the Governor of the State of Alabama 11(1 the President of the said Confederate States. Slc. 3. Be it farik.r ordained, That the Governor of this State be, and he is hereby, authorized and cmpow- red to transfer all volunteer companies whose services have been accepted by him, or whose services may here- after bo tendered and accepted, under the provisions of said ordinance, to the Confederate States of America, to be employed by the President thereof, at such points as may be doenu'd best for the common defense: /' ' '. Ao^rear, that the assnit of such volunteer compani' 38 first bo obtained to such transfer, and a certificate of such a8»' li' , 1 I at the Government of the Confederal - of America is hereby authorized to use, occupy and hold possession of the lot and tenement in the city of I\Iobile, knowu and designated as the United States Custom llourte, and also the lot and tenement known and desig- nated as the United States Marine Hospital, and their appurtenances; and that the same Government is fnrtlier authorized to use, hold and occupy, and take under its rhargo and control, the Light Houses at Choctaw I'oint, Mobile Point, and Sand Island, and the Range Liglit and Buoys in Mobile Bay, and to repair, and rebuihl, and alter the same, in its discretion it may deem advisable for the public interests. Si-:c. 2. And be it furlin r iiidaimd, That the Jirvenue Cutter, Lewis Cass, attached to, and in the service ot said Custom House, be, and is hereby, turned over to the Gov- ernment of the Confederate States of America. She. iJ. And be it further ordained, That this ordinance shall be, and remain in full force until repealed by a Con- vention of the j)eoi)le of Alabama. Adopted, March 12, 18lil. 41 N"o. 28.] AN ORDINANCE To transfer to the Government of the Confederate States of America the money in the hands of the Collector at the Port of Mobile. Sec. 1 Be it ordaimd bij the peoi~)le of Alabama in Con- vention assembled, and it is hereby ordained by aidlioriiy of the same, That the Collector at the Port of Mobile is hereby authorized and instructed to pay over to the proper De- partment of the Government of the Confederate States of America, all such moneys as he may have had in hand at the date of his report to the Governor of the State of Alabama, on the first day of March, A. D. 1861, and all such as may have been since received in payment of du- ties, or on bonds given for duties, or that may be so re- ceived up to the date of the proposed transfer to the Gov- ernment of the Confederate States; and that he be au- thorized to take from said Government receipts and. ac- quittances for the same : Provided, that the said Govern- ment of the Confederate States shall account for all such moneys as it may receive under this ordinance upon a general settlement of its affairs with the Government of the United States. Sec. 2. A7id be it further enacted, That upon a full compliance with this ordinance, and the production to the Governor of the State of satisfactory evidence from the government of the Confederate States that it has been com- plied with, the Governor be, and ho is hereby, authorized to cause to be cancelled the ofHcial bond heretofore given by the said Collector to the State of Alabama, under a former ordinance of this Convention, and now on file among the archives of the State. Adopted, March 12, 1861. 42 No. 29.] AN ORDINANCE 111 relation to the 2cl Volunteer Kegiraent of Alabama, and for other purposes. Be it ordained bi/ the people of the State of Alabama in Con- vention o^scmbled^ That the ordinance of Jmuary 23<1, 18G1, "to ro-orijanize the militia of the State of Alabama," does not, and was not intended to apply to any volunteer reginu'nt or company of Alabama then in the actual ser- vice of the State. Sec. 2. Be it further ordained, That the commissions hereafter issued to the officers of said regiments or com- panies, are hereby contirmed ; and the Governor of the State is hereby empowered to issue commissions to offi- cers of said regiments or companies, elected or appointed according to the constitution, rules and regulations of the same, in case of vacancy by death, removal or other cause : Prociil'd, that the foregoing ordinance may at any time be altered, amended, or repealed, by the Legislature of the State. Adopted, March 13th, 1861. No. 30.] AN ORDINANCE To ratify and adopt the Oonstitntion of the Confederate States of America. Be it ordained by the people of Alabama in Convention as- sembled, That the Constitution framed and adopted on the 11th day of March, 1861, by the Deputies from the States of South Carolina, Georgia, Florida, Alabama, Missirtsijipi, Louisiana and Texas, in Convention assem- bled, at Montgomery, Alabama, be, and the same is here- by, ajiproved, ratified and adopted, as the Federal Consti- tution for the people of Alabama. Done in Convention on the 13th day of March, 1861. 43 No. 31.J AN ORDINANCE In reference to the construction of all chanffes made in the Constitution of the State of Alabama, Sec. 1. Be it ordained by the people of the State of Ala- bama in Coiicention assembled, That no change made in the Constitution of the State of Ahibama by this Conven- tion 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 re- trospective effect, unless otherwise declared in the change itself. Adopted, March 14, 1861. No. 32.] AN ORDINANCE To confer jurisdiction over the Forts and Arsenals in the State of Alabama upon the Confederate States of America. Sec. 1. Be it ordained by the people of Alabama in Con- vention assembled^ That the Provisional Government of the Confederate States is hereby authorized to use, occupy, and hold possession of all forts, navy yards, and arsenals, and their appurtenances in this State, and shall repair and re-build said forts and arsenals, at its discretion, until this ordinance is repealed bj- a convention of the people of this State. Adopted, March 14, 1861. 44 Np. 88.] AX OKDINANCE To amend certain pjirts of Chapter one, of Title two, of Part two, of the Code of Ahihania, so as to place the lmlder«j of Stocks of the Oonfo«lerate States of America, an«l of the State of Alabama, on equal footing with the holders of United Slates Stocks. Si 1 . 1 . /<< it ordained by (he 2Jcople,of the Slate of Ala- hauKi ill. Convention assembled, That section 1373 of the Code o( Alabama be amended b}- striking out the words "United States," where they occur, and inserting in lieu thereof the words "Confederate States of America." Sk<'. 2. Be it further ordained^ That section 1375 of the C-iUe of Alabama be amended, by striking out all except the number thereof and inserting in lieu thereof the wrovision to pay a certain Military- Compau}- therein named. Pfc. 1. Be it ordaimd by the people of Alabama in Con- ?•' 'luhled, That the Governor of the State be, and lie IS jn Toby, authorized to settle the account of the Gov- ernor' *< Guard against the State for rations to which the said company was entitled whilst in the service, at the rate per ration established by the army regulations. A(l,.i.t((1. Miirch 1!i. 'S(jl. No. 8!».] AX nlJDlXAXClO To alhnv Mileage to John R. Kenan and John F. Welch. Si;c. 1. I]e it ordained by (he people of Alabama in Con- viiiinm assembled, Thot .lohn U. Kenan and John F. Welch, of the county of Shelby, be, and they are hereby^ allowed mileage to and from their residences in said coun- 49 ty, and per diera for the time they were actually in attend- ance at the seat of Government, in connection with the contest of "the election of Delegates to this Convention from the county of said Shelby, and that the Comptroller is hereby authorized and required to issue his warrant to said parties for mileage and per diem as aforesaid, agree- able to the law reguhiting mileage and per diera of mem- bers of this Convention, upon ailidavit by said parties of the distance traveled, and time in attendance at the capi- tol as aforesaid. Adopted, March 11), 18G1. Is^o. 40.] AN ORDINAls^CE To provide for certain expenses in preparing the Acts and Journals of the hite (called) Session for the press, and the distribution of the same, and for other purposes. Sec. 1. Be it ordained b>j the pcojjlc of the State of Ala- bama in Convention assembled, and it is hereby ordained by the authority of the same, That the sum of nine hundred dol- lars is hereby appropriated to pay for the distribution of the laws and journals of the late called session of the General Assembly, and the journals of the Convention of tlie people of Alabama, and that the Comptroller of Public Accounts is required to draw his warrant on the State Treasurer, in favor of the agents employed by the Secretary of State, upon his certificate that they have dis- tributed their respective districts, for the amount of their respective contracts; which amounts must be stated in the certificate of the Secretary of State. Sec. 2. Be it further ordained, That the Secretary of State be allowed the sum of six hundred dollars for pla- cing marginal notes to the laws, reading proof-sheets, and superintending the prijiting of the same, copying the 4 60 journriU of both houses at the late session, and the jour* nuls of the Convention, preparing itidices to the laws and the jonrnaU of both bodies, anlic lands, a list of the Innd^ so 52 ^clei^ert", and tlicir relinquishment of all claim.^ upon the Uud cntortxl williin the tiraee named by private individu- ni«; Jhe (Tt»vernoi' of the 8tato shall issue patents to said Uail Jv'itJ Oonipanies, respectively, for lands so selected, as iu otiier cases, but no charge shall be made by the offi- cers of the land office for suoh service. 8t:<'. 2, Be it fartlirr ordained b;! the people of the Sfa c of Alabama (n th day of October, 18-^6, be, niid the same are hereby, confirmed; and rs «oon as practicable, after said Kail Koad Companies shall have made their selections, as provided for in the preced- ing section of this ordinance, the Governor sliall issue patents to the persons who made said entries or locations ; J^iorkled, fwKivrr, no person who entered lands between lliii times above mentioned, and who has since made ap- plicfttiou and received back his or her purchase money from the late Ignited ^^tatcs Government, shall be entitled to the benefit of this ordinance; Provided, further^ ihmt ibis ordinance shall not apply to any cancelled land en- tered in odd sections, which have been bona fide sold by tlie said Kail Road Conjpanies. Adopted, March 20, lt. Krewor, for his services as clerk to the Committee on the Constitution. Adopted, March 20, 1861. :N'o. 45.;f '^'^''^-''•AN ORDIXAXCE To deline and explain the elloct of the Ordinances adopted by this Convention. Sec. 1. £c it ordained hij the people of the State uf Ala- bama in Convention assembled, That the General Assembly ot this State shall have no power to repeal, alter, or amend any ordinance of this Convention incorporated in the Constitution as revised by this Convention ; all the other ordinances of this Convention are to be considered and regarded as leijislative enactments, and mav be altered, amended, or repealed by the General Assembly of this State. Adopted, March 20, 18G1. ^^o. 4(3.] AX ORDINANCE ,Yvv To provide for the Permanent Serat of Government of the Confederate States of America within the limits of Ala- bama. SiiC. 1. Be it ordained by the j^eople of Alabama in G-m- uention assembled, That the General Assembly of this .State is hereby authorized and re(piircd to cede by law, to tho Confederate States of America, exclusive jurisdiction over a District in this State not exceeding ten miles^ square, whenever satisfactory information has been fur- nished that the Congress of tlie Confederate States de- sires and intends to establish therein the permanent seat of Government of the said Confederate States. Sj;c. 2. Be it further ordained, That if it shalj appear that the propsed scat of Government is to be placed in a district which lies partly in this State and partly in ano- ther State, then the General Assembly shall cede so much thereof less than ten miles square as may be within the 54 liaiita or tJiis State, and vest in the Conyross exclusive ' '•■^'liction over the same, in tlie same numner and under inie i-ostrictious as are provided in the first section « ©f I hi 4 ordinance. • Kko. 3. Jk il JurOuir ordahud. That ail the public lands l>elongin^ to this State which may remaiii at the time of the scloction by Congress of said district, and lyins^ within the same, .•^hnll vest absolutely in the Gov- ernment of the Confederate States, and patents therefor may issue on application to the Land Commissioner of this State. Skc. 4. Tie il farther ordained^ That no such cession by the Geueral Assembly shall become cflectual until a pro- vision is made by law to take a vote of the legally (juali- fied voters within said district, which vote shall determ- ine whetlicr a majority of the people thereof are for or fis;ainst the cession ; and if favorable, then the jurisdic- tion ot Ahdjama shall be divested; but if otherwise, (hen the (General Assembly shall decline to yield jurisdic- tfon Or to make the cession, as provided in sections one and two. Adopted, March 20, IRGl. IT] AjS" ORDIIs-ANCE hi relation to tlio waste and unappropriated Land in the State of Alabama. Si:c. I. lU it orduimd hi the pcopk of the State of Ala- liama in ijomtntion assembled, That all the waste and unap- riatcd public domain within the limits of the State Mahanm is the property of said State, and the title, control and jurisdiction of the same are hereby assumed by the State ; and all public lands lying within the State not soM or Hj»propriated to sj)ecitic purposes hy the gov- ernment of the United States previous to the eleventh day of January, A. I). 1861, are hereby vested in the State of Alabama, and they and the proceeds of the sales thereof shall enure to the benefit of the people of the State. Sec. 2, That the receivers of public money at the several land offices in this State, as established under the acts of Congress of the United States, in force previous to the 11th of January, 1861, be, and the same arc here- by, instructed and required to retain all sums of mone}' paid into their hands, as such receivers, previous to and since said 11th January, 1861, and to hold the same sub- ject to the order of the Treasurer of the State. And the State of Alabama is hereby pledged to indemnify and save harmless such receivers of public money and their sureties on their oflicial bond to the government of the United States for any loss or damage they may sustain by 'jomplying with this ordinance. Sec. 3. That the registers of the several district laud offices, and the receivers of public money for lands in said districts of this State arc hereby removed and their offi- ces vacated, and the duties heretofore required by law to be pertormed by the registers and receivers of the several land offices shall be performed by one person at each • .office, who shall be styled the register and receiver, and who shall bo appointed by the Governor for such term as the General Assembl}'- may by law provide, and all snch . officers, except in the land districts where said offices arc , "herein abolished, are hereby appointed to their said several oiiiccs respectively for the unexpired period of tlieir terms: Provided^ They arc willing to accept the same under the authority of the State of Alabama; but, on their refusal to accept the appointments as conferred, then the Gover- nor <»f this State is hereby authorized to fill such vacan- cies lor the unex[iircd period of said terms. And, upon tlic appointment of such registers and receivers as herein •provided for, such a[ipointees shall be required to enter 'to bond, with good and sufHcicnt sureties, to lie ap- 56 pv' ^mli^psof Probfito of the c«nntios ill whioTi *' Innd offices are sihmtod, in puch sums ^9 t" thi.* State may proscribe, conditioncwlfcfr the laitlitul pnyment into tho State treasury of all nidt*'yb' wljidy of their successors in office ; and they sshall*^ h ' roquircd to make monthly returns to the connnissioiv • 'ublic lands of al^ sales of public lauds in their ivc ofHces since the 11th day of January, 1861, and iull pay over all moneys which nniy be received by them upon the sales of said lands, upon the order of 'the T- nrer of the State. ' . r>. That within ninety days from the pass.iof of dinance, it shall be likewise the duty of the (1 receivers aforesaid to return to the Oommissiontrt .M J. ..'.die lands n full and complete statement, such ■aa'b'Q- «1iid1 r^«'[uirc, of all the public hinds within their regpe^* •tp, designatiniif such as may have been relin- «;' . •>! lo this State, under various acts of Congress of th.e T"'^nitGd States, as swamp and overffowed lands, or d(>i);itod for the use of schools and for the rniversity of Al;:I<:ima, or to aid in the construction of different rail road-*, or for other purposes : and also such hinds as were expressly reserved by tho Government of the United .i;id undisposed of on the eleventh day of Janua- : 1 That there shall be established a department 57 of public lands, the office of which shall be iixed at the seat of government, and denominated the State Land Office, with a cliief officer to conduct the business of the same, to be called the Commissioner of Public Lands, whoso duty it shall be to superintend, execute and per- form all acts and things touching and respecting the public lauds of the State as hereinafter prescribed ; and he shall appoint a draughtsman to be employed under his direction as an assistant in his said office in the perform- ance of its duties, who shall receive an annual salary of twelve hundred dollars, payable quarter!}- ; and, in all ca- ses where the office of Commissioner shall become va- cant, said assistant shall have charge and custody of the seal, and all the records, books and papers belonging to said othce. Sec. 7. The said Commissioner of public lands, and every clerk "to be appointed and employed in his said office, shall, before he enters on the duties of his office, take an oath or affirmation truly and faithfully to execute the trust committed to him. And the said commissioner shall cause a seal of office to be made and provided for the said office, vrith such device as the G-overnor shall approve, and copies of any records, books or papers be- longing to said office, certilied under the seal of the said ofHce, shall be ompetcnt evidence in all the courts of jus- tice in this State, and in all cases in which the original records, books or papers could be evidence. Sec. 8. That the statement of all the public lands re- .qnired by the fitth section of this ordinance to be returned by the registers and receivers of the several district laud offices in the State, to the Commissioner of public lands; and such other records, papers and books as shall or ma}' be deposited in said office pursuant to the law shall be- come and bo deemed the records, books and papers of the said office, and the same shall be under his custody and control. Sec. 9. That all returns relative to the public lands of 58 . \ • • • ti - ' "V ifter be maderio trie Commissioner of l< . . ..all Lave power to audit and settle all BOich uccounts relative to the public lands; J^rovuled, that it febal! be the duty of said Comniissionor, upon the settle- luciiL ol any such account, to certily the balance and trans- mit the account with the vouchers and certificate to the Comptroller for his examination and decision thereon, will >(.' decision shall be final. S..0. 10. That said olUco of Commissioner of imblic lands hereby created shall first be tilled by an election to be made by this convention, and that all subsequent elec- tions to till such office shall bo made by the Ceneial As- sembly of the State, and when a vacancy shall occur in said office iu the recess of the Legislature, the Governor of tlio IState shall till the same, and the person so appoint- ed shall hold his oflice until the end of the ensuing ses- sion of the General Assembly. That said Commissioner shall hold his otiicc for the term of four years, and receive an animal salary of two thousand tive hundred dollars, payable quarterly. Skc. 11. That the Commissioner of public lands ,is hereby authorized and empowered to determine upon the principles of equity and justice, and according to the es- tablished rules of law, all cases of suspended entries un- der any law or ordinance of the United States in force on tlie lltb .Tanuarv, 18<31, and then pending, or existing in tho general land ofHce of the United States, and rela- ting to lauds lying within this State, and to adjudge in what cases jiatents shall issue upon the same: Fruridcd, That such adjudications shall l)e made within two years from the passage of this ordinance, and be approved by the Attorney-General of the State, and shall operate only to llahle therefor to the person so npplyine to the t of five dollars for each acre of Innd wliieh the so aj>plving otiorcd to enter, to he rccov*. rod hy aX(ci'(linij six months. HI. The register and rocoiver of any of the-dis- tricl laiid oftices of the Stale shall be authorized, und it shall be the duty of said officer, to administer any o.ath or oaths which now are or hereafter may by required by law ill I (Uinoctiou with the entry or purchase of any tract of land ; and if any person shall knowin-jly and wilfully s^^Vllrf■\lsely to any fact contained in any oath or dhdavit 60 taken or ma4e, he or she shall be deemed g^uilty. and held ffuilly of perjury, and sliall, on conviction, snftcr all the pains, penalties, an«l disabilities which attach to snid crime iu other cases of pei-jury under the laws mi w State: Prorlded, that such oliiccrs shall not cliariic, oi receive any compensation for administering such oaths. Sbc. 17. That no register and receiver of any land oiiice or person employed in any such oflace shall, dirccfly or indirectly, be concerned in the purciiase of any public land subject to sale and entry in the land olhce, placed under his charge or in which he is an ollicer, and in case of violation of this ])rovision by any such ollicer, pioof thereof being made to the Commissioner of public lauds, lie shall be forthwith removed fi-om ollicc. Sbc. is. Tliat the boundaries and contents of the sev- eral sections, half sections and quarter sections of the public lands of this State, in anv contest between the State of Alabama and purchasers therefrom which have 61 heretofore been run, dctorniined ami ascertained under the hiws and rogidatioiis of the United States, while said lands were a part of the public domain of the said United States, are hereby recognized and established as the boun- daries and proper contents thereof ; and all the corners marked in the surveys of said United States shall be es- tablitvhed as the proper corners of sections or sub-divisions of sections, which they were intended to designate ; and the corners of half-quarter sections not marked on the said surveys, shall be placed as nearly as possible equi- distant from those two corners which stand on the same line. And that the boundary lines actually run and marked in the surveys shall be established as the proper boundary lines of the sections or sub-divisions for which they were intended, and the length of such lines as returned in said surveys shall be held as the true length thereof as between the State and such purchasers ; and the boundary lines which shall not have been actually run and marked as aforesaid, shall be ascertained by running straight lines from the established corner to the opposite correspond- ing corner, but in those portions of the fractional town- ships where no such opposite corresponding corners have been or can be fixed, the said boundary lines shall be as- certained by running from the established corners north and south, or east and west lines, as the case may be, to the water-course or other external boundary of such fractional township, conforming to the mean variation of the established eurvey heretofore made by the United States. Sf.c. 10. Every person being the head of a family, or a single man or woman, over the age of twenty-one years, or widow, and being a citizen of the State of Alabama, who, since tlie 11th day of January, 18G1, has made or shall hereafter make a settlement in person on the public lands of the State, and who shall inhabit and improve the same, and who has or shall erect a dwelling thereon, shall be, and is herel)y, authorized to enter with tiie register i.2 I- of tbc laud office in which such laiui may lie. sub-divisioiip, any numboi" of a !'■' ;.c Imndrcd and sixty, or a quarU. .vv..,.;o; in inclnde the rosidonce of such cluimaut, upon " ^vcr any person has settled or shui. .. ; . improve any tract of land, subject at the time of FCltlement to private entry, and shall intend to purchase the same under the provisions of this law in regard to pre-emption, such person sliall, in the first case, withiu ihree montiis, after the 11th of January. 18(31, and, in the last case, within thirty davn alter the date of sucli ecttlomcnt, file with the register of the proper district, a written statement, describing the land settled upon, and dcclariiiic the intention of such person to claim the same under the provisions of this act, and slialj, where such settlement is already made, within twelve months after the passage of this act, and where it shall hereafter be made within the same period after the date of such set- tlement, make proof, affidavit and payment herein re- quired, and if he or she shall fail to file such written state- ment as aforesaid, or shall fail to make such affidavit, proof and payment within twelve mouths aforesaid, the tract of land so settled and improved shall be subject to the entry of any other purchaser. Sec. 24. in any case where a party entitled to claim the benefits of this pre-em[>tion law shall have died befoio consummating his claim, by filing in due time all the pa- pers essential to the establishment of the same, it shall be competent for the executor or administrator of the es- tate of such part}', or one of the heirs, to file the necessary ... iQ complete the same: Provu/cd, the entry in such liall be made in favor of "The heirs" of the de- ceased pre-emptor, and a ]tatent thereon shall cause the title to inure to said heirs, as if their names had been spe- cially nientioned. Sec. 25. That the pre-emption laws of the State shall extend over the alternate reserved sections of public hinds along the lines of uU the rail roads in the State, wherever public lands have heretofore been granted by 65 acts of the Congress of the Uuited States^ au^ also wher- ever the State may hereaftel' grant lands to rail rdads, an,d that it shall be the privilege of the persons residing on any of said j'eserved lands to pay for the same in soldier's bounty laud warrants, owned by any' citizen of this Stati- on the 11th January, 1801, estimated at a dollar and twenty-five cents per acre, or in any funds receivable for State taxes,^or both together, in pircference to any other person, and the price to be paid in all' such caSos shall be two dollars and fifty cents per acre. * Sec. 2G. That every settler on public lands which have been or nia}' be withdrawn from market in consequence of proposed rail roads, and who had settled or shall settle •thereon, prior to the time when the lines of such rail roiids have, been or may be definitely fixed, shall be entitlecl -to pre-emption at the ordinary minimum to the lands settled on and cultivated b}' them: Provided, they shall prove up their rights and pay for the land entered, according to the rules £iud regulations prescribed in other cases of pre- eijLptiou claimants. '•Sijc. 27. That every person making application at any of the district ) and ofiices in the State, for the purchase at private sale of a tract of land, shall produce to the register and receiver a memoratudum in writing, describ- ing the tract which he shall enter, Hy,.ttie .number of the section, half section or quarter, (as the case may be,) and of the township and range, subscribing liis namq thereto, which memorandum the register shall file and preserve in his office. Sjic. 28. That all the public ]..lnL-^ wi tlic Slate, the sale of which is authorized by law, may, when ottered at privato sftle, be purchased at the o|:»tion of the purcJjaser. cither in entire sections, half sections, quarter sections,, half quarter sections, or quarter quarter sections; and id lands shall be subject to sale at the following stained prices, to-wit : Such lands as were reserved by the I'nited States" on the 11th Jannarv. If^m. from s;ilo. in <:r>iise- i}>er .tea i->v saiii ^'(xvniiiiciit ii> ur.> -^kiu'. initlr^' ■! of aiiy ertnul, rail iv)u«l, or oUut internal i»n- j.iwn-eirtftut; and ^ficU laT] (Jolhu-6 and lifty ci-nts j.er aero; all thu f»t.h*i i»n1»lio lanil-5 *;lmH' be sold un eaJo to pre-eiuptors in section niiietocn olf tins ordinance, shall be subject t6-.cn- try, ujuler tliia section, exceptinf^ those lying within six niiK;.^ of rail roads, and knOwu as the :t! tomato oven sec- tinn:= itlonjs: said roads. ^9. That all the lands of the State, 'vyhioh. t^hall ijiiv ijiC'U in market, either under the laws of the United . States or under the laws of tiiis' JState, or under the lawl^' of both takcu together, for ten years and upwards, prior to tho time of application to enter the same ni^der Ibc provipiony pf this ordinance, aud still remaining unsold. >-haU be subject to sale At the prieeof one (Jollar per;ir: aiid idl the lands of tlie State that shall have been, jv", mark\.*t f(jr tiftocn years or upwards, as aforesaid; and stirj*< •, romaining unsold, shall be- subject to sale at seveuty-ti**- - . 'iits (*ef acre; jmd all lauds of the State that ^hull have huririn market for twenty years or upwards, as atbi«- < ^aid, and still renuiining unsold, shall be subject to sai^'" at fiity oonts perafci'ej. and all tho lands.of tho'Stirte that shall liavc hecn in market for twenty-live years and u-p- Wiinl.-, as aforesaid, and still remaining untiold, shall be* • to gailtrnt twenty-five cents per aQ,re;; and all laud- wl ihe State that shall have been in market for thirty yuars oj taote, sluvjl be subject to sale at twelve and-a-half centij per acKe:' Provided, this section shall not bo sD'ogn- strut'd as to extend to lands reserved from entry by pre-,. ,....,,t,...w^ lindcr section nineteen of this ordinance': An(*' fiirtha', that 'no person shall be entitled, under the piHn'isipns of this section, to enter niprc than three hundred and twontv aCre.s of hnid. GT Sec. 80. Any .person applying to enter any of the ■aforesaid land.^, shall be required to make affidavit before the register and receiver of the proper land oificG, or some person authorized by law to administer oaths, that he or she enters the same for his or her own use, and for the purpose ot Actual settlement and chltivation, or for the use of an adjoining farm or plantation owned or occupied by him or herself ; and, together with said entry, he or she has not acquired from the United States, or from this State, under the provisions of the laws of the United States, or of this State, mok'e than three hundnnl and twenty acres at the graduated price. \'.Sbc. 31. That upon every reduction in price, under the provisions of this ordinance, the occupant and settler upon the lands shall have the right of pre-emption, at such graduated, price, upon the.^ame terms/ conditions, restrictions and limitations upon whith the public land.-^ of the State aro now subject to the right of pre-emption, until within thirty days preceding the next graduation or rqdudtion.that shall take place, arid if not so purchased, ehftll .again .be subject to right of pre-emption for elljven mont/l^s as before ; and so on from time to time as reductions take place. Sec. 32.; All patents for lands hereafter entered under the provisions of this ordinance, or located linder any Avarrant for bounty land, issued by the United States and owned by any citizen of Alabama on the 11th Jauunry. 1861,.'^liall be issued in the mime of the State of Alabama, and under the seal of the State land office, and beaigned by the Governor of the State and countersigned by the Commissioner of public lauds, and shall be recorded in the said office, in books to be kept for tlic ptirpose. Sec. 33. That in all cases where i»atents for public lands may hereafter be issued in pursuance of this ordi- nance to a person who shall die before the date of such patent, tho title to tho land designated thqrein,^haH inure to and become vested in the heirs, devis^eSj'^M, «ssig«dQi if th^patcut hay Irw, utirt in •wM«5li '^ ulc by tlio confirmatory ?t:i' . ;iii(l in .'itl .•::-,-, wliorc Jai. ' ;)d warrant i !id cuililicatcsot . .4.,,. ..•;..,,» iitbllicrcfoi'Iiavc ....... - ' prcvrous to fl^c pa^sAixo of the ordinan ■ ( of f inll and laiiy.be lawi'nl for patents to -i^.- liMi T u. • initliority of this State, and af^ prcsonLcjt ■5 r^piVTiintT^t* for ttio .i;?suanco of patients in oflj6r oa- iiiade by pifrtllftsei'S' fit any of li; ;;;<.• i!ie 11th vliiy of .Taiinafy, l.'^Gl, arc licri'- 1 '-Miifirmod. and^bc Commiwsiouer of public- l>atc n tB- far t J)io 9>itm e ^1 tlil> n}j mv. ;tiid rcijylations in fffrce iu this' State hpqn ■ iinblir" lands after the itassn;ie of thi*' ordi- S: I liat every citizen of this State, M-Jiotlior )ii;ih ih who t5haTl , not, iji hi.s or Jjtsl' oAVn right, ' land, and\vh0 isat tlr© e«TJi<3 time th/P brad of ;t liiu^ily, "hall ha entitled to .enter eiirhty aeroe ■'.' '"nd free' of all eosts and t•har^a^'5, provided the appH- -lifll! mnkc nflidnvif before gonio ijnalifted oflicer of (1 enter$ t^e said hind for 'h I 1 r i!iiii<(' 1 Ml- ini-st'lf. und that he or fihe v^'ill (• '1 improve niid reside njton the same ^vithin fwe1^ ii}^, tvhirli s;iid land phall innre ■ to tiie ui>c^ami,Ucui;iit ot said ajipUcaiit, and shall bo ex- 69 einpt from sale by oxe'cution or otlicnvise without the con pent of tlio wife duly attested in writing before a mngistrate. Sf/C.' 37. That as soon afe" practicable' aftet- the presage of this ordinance, the Governor of this State shall issue bis [troclnmation deelaiMng that the waste and ilnappro- priated land? of the State shall, at tbe expirati6n of tliirty days froni th©' date thereof, be 6,ubject to eale or private entry at the. several land oflices in the State. Skc. -88; ■ Where ';1n actual setilor on the public lands has fiought, or shall hereafter attempt, to locate the laijd •settled on and improved by liim with a military land war- rant, and when, froii\ any cause, an error has occurred in making $aid location, saisod,oHaMj?e, in which proclaniatioji ^aivl CoiMini^'hioncr shall designate the propo:?cd limits of the. of the , , ..... ..,, ..,. -f of the yxiv ', such foifci lauds coi, uitiiin the present boundiui ito of AUnniiia, and the parties forf'"'- ' .iiu nu^v vuiiuiing were, ami arc now resident citi. ; iiis tState. Adopted, Alai-eli.20,. 1801. iso.JbO.} AN OHDINA-N.CE !t-Q (inLhorizO" uixl direct, tke ; (JaVciifOjp to r^iseind a cou- t'i:aet thoie^ij referred to. ('/, 'fijut the Guveriiar oi the • : . .. ..i.w .iC Ir licroby required tornjscinS :^ ■ .ore tJiitered into Ijy hirn, on thi- part of; ^vith Jauioa Ii.:l.*o\vell, S. y. Iloustoi' 'i- uic purpone of siolecting and locating ccriain ■ le.-igMtttcd in the iicts of Con£2:re;jS of 2Htii Scpteni- * l4ef,.-l"^0, Kird 3d Mavcli, 1857, as swaqip and overflowed latid?*, nnd^ Hat Im iv unlliorizHd to settle with them for sncli .-"i'vit,'e.s fts they have already, rendered the iStatc, u]^. :iiid reason ah 1 tcrn*6 i Proiide4, thit tlje ton- sui^t uf ftuid. Conunissiouers to the rescissioji of/Biij«i Qoa-,. tract shall- bo first had and obtained. - ." . •S£c. 2. , J^o U/urUiir ordained, That all land aclectca by tlifi ^id ComiMis»sionev8 as swamp and ovorliowed landsj hut for'whrch wo patents were i.ssued by the United SJutCb to this State, are hereby declared to be public laud.•^ of the State, iiini aubjeet to disposal; under the laws V^' ' ' f*'>i' tbe .sale and disposal of other public land8 01 i, March 20, 1861. acts of the Congress of tho Linitod States, and also wher- ever the State may hereafter grant lands to rail roads, and that it shall be the privilege of the persona residing on any of said reserved lands to pay for the same i?i soldier's bounty laud warrants, owned by any, citizen of this iState on the 11th January, 1861, estimated at a dollar and twenty-five cents per acre, or in any funds receivable for State taxes, or both together, in preference to any other person, and the price to be paid in all such cases' shall be tjyo dollars and fifty cents per acre. •»..^EC!. 26. That every settler on public laiids which have?, ueen or may be withdrawn from market in consecpieuce of proposed rail road^, and who had settled or shall settle therOon, prior t-o the time when the lines of su-ch rail roads have been or may be definitely fixed, shall be entitled to pre-emption at the ordinary minimum to the lauds settled on and cultivated by them : Provided, they shall prove up their rights aud pay for the land Qhterfeu, aeeordii^g to the rules and regulations prescribed in other ca,ses" of prc- , ej^iption claimants. Vj^Sec. 27. That every perf-on making application at any ■of tlie district land offices in the State, for the purchase at private sale of a tract of land, shall produce to the .register and receiver a memorandum in writing, describ- . -ing the tract which ho shall enter, by the numbcj' of tho section, half section or quarter, (as the case may be,) and' of the township and range, subscribing his. name thereto, . which memorandum the register shall file and preserve in his oflice. , , . ,.■ Sec. 28. That all the public lands ©f {he State, fhc sale of which is authorized by la^?, may,, when offerejl at private sale, be purchased at the option of the pnrchaseX'* .either in entire sections, half sections, quarter sections, half quarter sections, or quarter quarter section?; and •said lan'ds shall be subject to sale at the following stated • prices, to-wit; Such lands as wore reserved by tlie United States on the 11th January, 18GI, from sale, in coiise- 74 ARTICLE T. DECLAHATION OF RK7HTS. Tliat tlic goneral, great, and ossontial principles of liberty and free governniont may be recognissod and cstablislied, we deciarr: Ail rhxnun^ jSkctiom 1. That all freemen, when they form a pocial compact, are equal in rights; and that'no man or sot of men arc entitled to exclusive, Bcpa- rato public emolunieuts or privilegep, but in con- sideration of public services. I'oMUcai ^^^* ^' ^^' political power is inlicront in the I'^j'"""^ people, and all free governments arc founded oji their authority, and instituted for their benefit,} and, therefore, they have at all times an inaliena- ble and indefeasible right to alter, reform, or abol- ish their form of government, in such manner as they may think expedient. WAht. oc Seo. 8. No person within tliis State shall, upon i.oi to bein. anv pretence, be deprived of the inestimable privi- -I*. ]Q(Jr^. ofworshipiug Uod in the manner most agreea- ablc to his owu conscience ; nor be compelled to attend anyplace of worship; nor shall anv one ever be obliged to pay any tithes, taxes or other rate, for the building or repairing atiy place of worship, or for the maintenance of any ministet or ininitstiT. SlvC. 4. N<» liiiiiian iiutlioi'ity ought, in any case whatever, to control or interfere with the rights of conscjepce. "^' Sec. 6. Ko person kIuiII be hurt, molested or 111' • ■ ..... rL-strained in hii? religions profession, sentiments or persuasions, provided he dopn not disturb otheris in their, religious woi'ship. 75 Sec. 6. The civil rights, privileges, or capaci-cjviirin-ht* ties of an}^ citizeu, shall in no way be diminished, by' r.'ifg'"''"' or enlarged, on account of his religious princi- ples. irious belief. Sec. 7. There shall be no establishment of re-j^^ ^.5,^^- ligion by law; no preference shall ever be given gi^^*r?*,'j: by law to any religious sect, society, denomination, ^^^ '■'^ or mode of worship ; and no religious test shall ever be required as a qualification to any ofRce or public trust under this State. Sec. 8. Every citizen may freely speak, write, F^periom oi and publish his sentiments on all subjects, being ^p^'^^'"'''**"- responsible for the abuse of that liberty. Sec. 9. Tlie people shall be secure in their per- searci»e?. sons, houses, papers, and possessions from unrea- sonable seizures or searches-; and no warrant to search any place, or to seize any person or thing, shall issue without describing them as nearly as may be, nor without probable cause, supported by oath or affirmation. Sec. 10. In all criminal prosecutions, the ac- *• . ' Riglit' or a* cusod has a rii'ht to be heard by himself and conn- "•^'•' '" ■-^ "^ criniin:il sel ; to demand the nature and cause of the accu-'"^^"'^ sation, and have a copy thereof; to bo confronted by the witnesses against him ; to have compulsor}' process for obtaining witnesses in his favor ; and, in all prosecutions, by indictment or information, a speedy public trial by an impartial jurj^ of the county or district in which the oftcuse shall have been committed : ho Bhall not be compelled to Vrive evidence against himself, nor shall he be de- prived of his life, liberty, or property, but by due course of law. JCXJ*tr ' ^^^ • ^^' ^^ pei'son phall be accuted, arrested, TwrT* ^ or detained, cxce|tt. iu ca?i.'8 ascortanied by law, and according to the forms which the same lias pro- n«ribed ; and no person ehtill be punislied, but ii) virtue of a law, efitahli^^hcd and promulgated pfid^ 1., tiv .^ft'.i.c.^ |,i,,i legally appli^'d. t /ivtawe ^KC. 12. 2no pcrsoo shall, for any indictable pV.. -N o now fp oi susi icudi Uir Uhns shall bc » ■•I'lillilod , * 1 o w*> «"ti."e.\'oroised, (.'xccpt bv the «,'encral asscmbiv, or its •''>•. HUthority. f>f Jmii Sec. lb, Lx-ceesive bail shall not bo required, nor excessive tines impoficd, nor cruel punislimcnta Inflicted. Si;r. J 7. All poi'sons shall, before conviction, »G bailable by Bufficieut securities, except for cap- 77 ital offenses, when the proof is evident, or the presumption great ; and the privilege of the writ of "habeas corpus" shall not be suspended, unless when, in cases of rebellion, or invasion, the pub- •;^lic safety may require it. Sec. 18. The person of a debtor, where there o^.i^tw-g is not strong presumption of fraud, shall not be "ijjfrged/"" detained in prison, after delivering up his estate' for the benetit of his creditors, in such manner as shall be prescribed by law. Sec. 19. ISTo ex post facto law, nor law impair-^,^^^ ^^ ing the obligation of contracts shall be made. .;ti»(7 title ot nobility, or hcreditarv clis- tinction, privilege, Jionor, or emolument, shall cvwVbe granted or coufcVred in this State; nor shall any office be created, the appointment of which shall be for a 1on'j"<'r trriii than rluringgood t behavior.' Rmicr.i- ^>i,t.-. 27. li^nuui iiLioii irum iiii^Maic shall not be ]trohihited, nor shall any citizen be e.xilcu. Tr.aii'.N t)Ei;. -». The rii,'ht of trial bv jurv bhall remain invunate. Ki^iagif fiEc. 29. No person shall bo debarred from "• prosecuting or defending any civil cause, tor or ngaiust him or herself, l»efore any tribunal in this ISlalc. by him or herself, or counsel. K>wutru- i<\:c. iJO. This enumeration of certain rights rijtiti. shall not be construed to deny or disparage others retained by tfie i»eople : and to guard against any encroachments (Ui the rights heroin retained, or any transgression of any of the high powers herein delegated, we declare, that every thing in this ar- ticle is excepted out of the general powers of gov- M-iuiicnt. ;nMl sliall forever remain inviolate; and 79 that all laws contrary thereto, or to the following provisions, shall he void. ARTICLE II. DISTRIBUTION OF POWERS. Sec. 1. The powers of the government of the tihtc dis- State of Alabama shall be divided into three dis- paHmcni*. tiuct departments ; and each of them 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 ano- ther. Sec. 2. No person, or collection of persons, iniepcnd- being of one of those departments, shall exercise o?her^ ^^'^^ any power properly belonging to either of the others, except in the instances hereinafter express- ly directed or permitted. •i ARTICLE III. f: LEGISLATIVE DEPARTMENT. Sec. 1, The legislative power of this State i^v., shall be vested in two distinct branches; the one '^*"' to 1)6 styled the Senate, the other the House of licpresentativee, and both together "The General Assembly of the State of Alabama;" and the 8tvlc of their laws shall be, "Be it enacted by the, 3t>'" »^ Senate and House of Representatives of the State of Alabama in General Assembly convened." Sec. 2. The members of the House of Repre- ^^,,0^^ o( sentativcs shall be chosen by the qualified electors, Lw"^"^",,. and shall serve for the term of two yeara from the WbMirho- •ra. lll^y of the coMrftAtfe^Mfeirt of tliff gen oral oIoctioD^ and no longer. tjKc. 3. The representatives shall be chosen <»verf two year<*, on the first Monday in August, until otherwise directed hy law. fcjKC. 4. No person shall be a repre^cnlative, n^. unless lie be a white man, a citizen of tlic State of Alabama, and shall have been an inhabitant of this State two years next preceding his election, and tbe last year thereof, a resident of tlie county, city, or town, for which he shall be chosen, iind shall have attained the age of twenty-ono years. ^^il|.-. . Sec,*5,V Every male white person of the age of 2^****^ twent3'-rtne years, or upwards, who shall be a citi- zen of this State, and shall have resided therein one year next preceding an election, and the last three niontlis within a county, city, or town, in which he oifers to vote, shall l)e deemed a qualified elector, but no elector shall be entitled to vote ex- cept iu the county, city, or town, (eutitled to8ep»- niGo representation) in which he may reside u,t the time of the oh.'Ction. j'r'ivllpg iu^r, •^''•^' ^- -I'^lt!ctors shall, iu all cases, except in those of treason, felony, or broach of the peace, be privileged from arrest during their attendance at elections, and iu going to and returning from the same. fl'Ci'i'ir ^^^' '^' ^" '*" elections by the peoi)le, the elec- tors riliall vote by ballot, until the general assom- ' blv shall otherwise direct. 81 Sec. 8. Elections for representatives for the Eunions, several counties shall be held at the place of hold- ^^ '*"■*= ''*'^^- ing their respective courts, and at such other pla- ces as may be prescribed by law : Provided, That when it shall appear to the general assembly, that any city or town shall have a number of white separated • II- • 1 ^ 1 ' 1 • representa- mhabitants equal to the ratio then nxed, such city "on of cities ■"• ' , ' or towns. or town shall have a separate representation, ac- cording to the number of white inhabitants there- in ; which shall be retained so long as such city or town shall contain a number of white inhabitants, equal to the ratio which may from time to time be fixed by law ; and thereafter, and during the existence of the right of separate representation, in such city or town, elections for the county in which such city or town (entitled to such separate representation) is situated, shall not be held in such city or town : but it is understood, and here- by declared, that no city or town shall be entitled to separate representation, unless the number of white inhabitants in the county in which such city or town is situated, residing out of the limits of such city or town, be equal to the existing ratio; Residuum, or unless the residuum or fraction of such city or 6^^^"'*°*' town shall, when added to the white inhabitants of the county, residing out of the limits of said city or town, be equal to the ratio fixed by law for one representative ; and, provided, that, if the residuum or fraction of any city or town, entitled to separate representation, shall, when added to the residuum of the county in which it may lie, be equal to the ratio fixed by law for one represent- p^^^^^,^ ative, then the aforesaid county, city, or town, having the largest residuum, shall be entitled to such leprcsontation : (nul,j>rovidal, also, that where there arc two or more counties adjoining, which have residuums or fractions over and above the roaKc. 10. The general assembly shall, at th0 first session after making every such enumeration, fix by law the whole number of senators, and shall divide the State into the same number of districts, as nearly equal in the number of white inhabitants as may be, each of which districts shall be entitled ^ one senator, and lU) more : Provided, that the whole number of senators shall never be less than one-fourth, nor never more than one-third, of the wliole number of representatives. licriHioiiiii !Si;c. li. When a senatorial district shall be composed of two or more counties, the counties of which such district consists, shall not be en- tirely separated by any county belonging to an- other district; and no county shall be divided in forming a district. 83 Sec. 12. Senators shall be chosen by th6 qual- senators, ified electors, for the term of four 3'^ears, at the same time, and in the same manner, and at the places where they may vote for members of the House of Representatives ; and no person shall be a senator, unless he be a white man, a citizen of 3""''"'=^; ' ^ ' tion»lijrSen- the State, and an inhabitant thereof two years •■*'"'^- next preceding his election, and the last year thereof, a resident of the district for which he shall be chosen ; and shall have attained to the ago of twenty-seven years. , , SEC. 14. The House of Representatives, when ^. '■ ' Ohicors of assembled, shall choose a speaker, and its other ^i"-, ««»»«« ' ^ ' an. I Senate. ofiieers ; and the Senate shall choose a President and its other oflicers, biennially : 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 direct- ^u.?{?^'* ed by law. . 15. A majority of each house constitute Q^^^nm. a quorum to do business, but a smaller number may adjourn from day to day, and may compel 84 ^^j^ tno httonaanco of absent merabers. lu siu-h wan- ■«**•" ncr ani,< . iti. Kaeli lioliM' liiav (li.ii.-i mi ik- liic I ulos <5f its own proccccliiig:5, punish mcnibi'it; lor dis- orderly bcliavior, and, with the consent of two- thirds, expel a member ; but not ft second time for the same cause ; and shall have all otlier povr- ere necessary for a brajich ol the legislature of a free and independent State. ^11. IT. Kach house, during the session, may 'Jcrtittu" puni.-^h by imprisonment, any person, not a mem- ber, for disrespectful or disorderly behavior in its pri'goncc, or for obstructing any of its proceed, intfM : Provided, that such imprisonment shall iiot- at any one time, exceed forty-eight hours. , __ , , . Sec. ISfi Each house shall keep a journal of its J.iutrtal • of , . Vptct-d'rfj*. proceedings, and cause the same to be published immediately after its adjournment, excepting such parts H8, in its judgment, may require secrecy ; I . and the yeas and nays of the members oJ oithox ,^„j house, on any question, shall at, the desire of one ■^^ ■ ■ tenth of the members present, be entered on the y^- journals. Any member of either house shall have liberty to dissent from, or protest against, any act or rcsohuiun, which he may think injurious to the Protwt public or an iiidivi r, ^i:<- 2. Tlic ('ovc'iuor shallbo elected by the ' '^" ' qualified electors, at the time and places when they shall respectively vote for RepresentatiN-es. BiiorB»,iK»w -Seg. 3. The returns of every election' for Gov- ernor, shall be sealed up, and transmitted to the seat of i^ovcrnnient, directed to the speaker of tli% * House of Ivepregeutatives, who shall, during the wtnud. " first week of the session, open and publish them in presence of both houses of the General Assem- i*(\j.-aiu* lo biy. The person having the highest number of ''"''■ • votes shall be Governor, but if two or more shall Ti. bo equal and highest in votes, one of them sliall he chosen Governor by the joint vote of both coT.i.Mcu houses. Contested elections for Governor shall ' ."** bo determined by both houses of the General As- souibly, in sncli manner n.s shall be prescribed by law. Tirm i>f of. Sr.c. 4. ■ TJio Governor shall hold his oftioe for tl»e term of two years, from the time of his instal- luliot), and until his successor shall be qualified ; but bhall not be elogible for more than four years in any term of six years ; he shall be at least thir'* 89 ... • i. • . tj7^rs (5rage, shall be a citizen of the Sfate of Alabamp,, and native of oue of the States or Ter- ^'^"'""^" ritorics, lately styled the United States of Amer- ica. Sec. 5. He shall, at stated times, receive a compensation for his services, which shall not be«'on- ^ increased or diminished during the term for which he shall have been elected. Sec. 6. He shall be commander-in-chief of the comman- nrray and navy of this State, except when acting **"'*""='''^'- with any other power, in which case, the General Assembly shall fix his rank. Sec. 7. He may require information in writing May require from the officers of the executive department, on r/oxealti'Te any subject relating to the duties of their respec-"^"^*"" tive offices. Sec. 8. He may, by proclamation, on extraor-, dinary occasions, convene the General Assembly convening . . 1 ^ , . „. , and ad.iourti- at the seat oi government, or at a diiterent place, inguonerai it that shall have become, since their last adjourn- ment, dangerous from an enemy, or from conta- gious disorders; in case of disagreement between the two houses, with respect to the time of ad- journment, he may adjourn them to such time as he shall think proper, not beyond the day of the next annual meeting of the General Assembly. Sec. 9. He shall, from time to time, give to^,^^ the General Assembly, information of the state of *''V the government, and recommend to their cousid-*''^" eration sucli measures as he mov docin cxpc- dieut. fnitlifullv executed 90 10. IL^^UaW f.i..- ■•■..•.. fl,.; il.n 1. k^iA. 11. ill all ciiiiiiiial ami iioiial cusci<. ex- cept ill tb()?e of treason uml inqicacluTiont, li'ct^liall Hiipowrm have power to ffraiit reprieves and pardons, nnd «■« remit hues and forfeitures, under sucli rules ana regulations as shall bo prescribed by law. In cases df. treason, be sball have power, by, and with the advice and consent of the Senate, to grant ro- }trieve6 and pardons; and be may in the recess of , the Senate, respite the sentence until tbc end of"^ the next session of the General Assembly. ^ • Sec' 12. There shall be a Seal of this State, •. which shall be kept by the Governor, and used by him ofliciallv. —; < 6bc. 13. All commissions shall be in the namo,<^ and by the authority of the State of Alabama, be sealed with the State Seal, signed by the (tover- iior, and attested by the Secretary of State. \, Six. 14. There shall be a v:i_c,\ ,„iy of Slate, "^ ppointed ^by a joint vote of botb houses of the General Assembly, who shajl continue in olHce diiriiiK-the term of two years. He shall keep a fai;' register of all oflioial acts and proceedings of tli€ Governor, and shall, when required, lay the sain(», and all papers, minutes and vouchers rel^-'.^' live thereto, before the General Assembly ; an*d • hlmM pe4*form such other duties as iuixy be re- <■] aired of him by law. Oocin sifi.v how lUlnl 1 . Vacancies that may happen in offices, . the appoijiiment ol whieli is vested \n the Geneiwiji^" • Asecmbly, shall be filled by the Governor, daring" 91 tlie recess of the General Assembly, by granting, commissions, which shall expire at the end of the next session. Sec. 16. Every bill which shall have passed •' ^ Governor's both houses of the General Assembly, shall be p°'«'<^" "i"' •^ ' duty in rela- presented to the Governor ;. if he approve, heshall «ont.Miiii?. sign it, but if not, he shall return it with his ob- jections, to the house in which it shall have origi- nated, 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 re- considered ; 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, Sunda3's 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 adjourn- ment, prevent its return, in which case it shall not be a law. Sec. 17. Kvciy order, resolution, or vote, to which the concurrence oi both houses maybe nec-tionstou^ ' essary, except on questions of adjournnieot, shall Bfits. be presented to the Governor, and, before it shall take effect, be approved by bim, or being disap- ] roved, shall be repassed by both houses, accord- ing to the rules and limitations prescribed ju the case of a bill. ]8. In case of the impeachment of the •r. ]jis removal from oftice, Uoatli, refusal resignation, or absence from the State. a^»^i*' tlio I'lfaident of the Senate shall exercise all the power and authority appertaining to the office of G-overnor, until the time, pointed out by tliisCon- gtitution for the election of Governor, shall arrive, unless the General Assembly shall provide by law for the election of a Governor to fill such vacan- cy, or until the Governor absent or impeached. Jjhall return or be acquitted. > : . 1 ■. If, during the vacancy of the office o) n • cr Hi. Governor, the President of the Senate shall be im- *''"'"'" peached, removed from office, refuse to qualify, resign, die, or be absent from the State, the Speaker of the House of Ilepresentatives, shall, iir like manner, adniiniHtor the government. If tljere is no President of the Senate, nrno Speaker ofthellouse of Represcntativr Secretary of State shall exercise all the dulics and powers appertaining to the office of Governor, until the office of Governor is filled, as provided by this Constitution. r«i..pwisa- t-L'.. L'U. TIjo I'resident of the Senate and Speaker of the House of Representatives, and the Secretary of State, during the times they respec* tively administer the government, shall receive the same compensation which the Governorwould have received, had he been employed in the du- ties of his office. Si:c. 21 . The Governor shall always reside dii- *^.-rirovided, further, That the cause or causes shall be notified to the Judge so intend- ed to be removed, and he shall be admitted to a hearing in his own defense, before any vote for .' ^ guch address shall pass ; and in all such cases the " vote shall be taken by yeas and nays, and entered on the journal of each house, respectively ; Aiid ])rorkled, also. That the Judges now in office may hold their offices until the session of the General Assembly, which shall be held in the year one thousand eight hundred and thirty-three, and un- til their successors shall be elected and qualified, unless removed by address or impeachment. Age (lisqual- Sec. 13. No person Avho shall have arrived at "*«• the age of seventy years shall be appointed to, or continue in, the office of Judge in this State. Clerks of ^i^<^- 14- Clerks of the Circuit and Inferior S^i ^''^ Courts in this State, shall be elected by the qual- ified electors in each county, for the term of four years, and may be removed from office for such Turin of eer- i • i i mi vice. causes and in such manner as may be prescribed by law ; and should a vacancy occur, subsequent yacancies, to au clectiou, it shall be filled by the Jud^e or Iiuw filled. ' ^ t/ o Judges of the court in which such vacancy exists; and the person so appointed shall hold his office until the next general election ; Provided, howev- er, that after the year one thousand eight hundred and twenty-six, the General Assembly may pre- ProviBo. scribe a different mode of appointment, but shall not make such appointment. Sec. 15. The Judges of the Supreme Court conserva- shall, by virtue of their ofiices, be conservators of peace, the peace throughout the State ; as also the Judges of the Circuit Courts in their respective districts, and Judges of the inferior courts in their respective counties. Sec. 16. The style of all process shall be "Theg^y,g^fp5o. 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." Sec. 17. There shall be an Attorney General Attorney for the State, and as many solicitors as the Gen- solicitors, eral Assembly may deem necessary, to be elected .by a joint vote thereof, who shall hold their oilices vife™and^"" .€or the term of four years, and shall receive for tfon.^^"^*" their services a compensation, which shall not be diminished durins: their continuance in office. IMPEACHMENTS. Sec. 1. The House of Representatives shall who to im- have the sole power of impeaching. Sec. 2. All impeachments shall be tried by how tried, the Senate; when sitting for that purpose, the^^^^j.^^^ Senators shall be on oath or affirmation; and no ^*^''- person shall be convicted without the concurrence nowconvic- ■•■ ted. of two-thirds of the members present. Sec. 3. The Governor and all civil officers shall •:•••• 100 >ika>ic l>e liable to impcaeliment for any misdemeanor in '*" oHico ; but judgment in such cases shall not ex- To wiiBi ex- tend further than removal from office, and to dis- • [ualification to hold any office of honor, trust or profit under the State ; hut the party convicted shall, nevertheless?, bo liable and suVjectto indict- ment, trial, and jtunishment, according to law. ARTICLE VI. ^^^^^^, GENERAL PRO VISIONS. Sec. 1, The members of the General Assem- bly, and all officers, executive and judicial, before they enter on the execution of their respective of- fices, shall take the following oath or affirmation, to wit: "I do solemnly swear [or affirm, as the case may be] that I will support 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 according to law, so help me God ! " Oath of of- flee. ^^sst Trcas'.ii de JIow con- victed. Sec. 2. Treason against tlie ►Siwie shall con- sist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. J^o 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. Duclllog. %?w Sec. 3. The General Assembly shall have power to pass such penal laws to suppress the evil practice of duelling, extending to disqualification from office, or the tenure thereof, as they may deem expedient. Sec. 4. Every person shall be disqualified from 101 holding auy office or place of honor or profit, under the authority of the State, who shall be convicted of having aiven or offered any bribe to procure his election or appointment. Sec. 5. Laws shall be made to exclude from „, „^ omce, from suffrage, and from serving as jurors, iDgiaws. those who shall hereafter be convicted of bribery, perjury, forgery, or other high crimes, or misde- meanors. The privilege of free suffrage shall bef.l^^^'^ supported by laws regulating elections, and pro- hibiting,' under adequate penalties, all undue in- fluence thereon from power, bribery, tumult, or improper conduct. Sec. 6. In all elections by the General Assem- Elections by 111 1 r>ii • -I General A«- bj}", the members thereof shall vote viva voce, andscmbiy. the votes shall be entered on the journals. Sec. 7. Ko money shall be drawn from the Pnbiic mon- treasury, but in consequence of an appropriation made by law ; and a rescular statement and ac- treasurer to PI . , T nil ^"^^ report. count of the receipts and expenditures of all public moneys shall be published annually. Sec. 8. All lands liable to taxation in this Lands la?ced. State, shall be taxed in proportion to their value. Sec. 9. The General Assembly shall direct, by state may bo 1 • 1 1 • 1 • sued. law, in AVhat manner, ann in what courts, suits may be brought against the State. Sec. 10. It shall be the duty of the General i- Assembly to regulate, by law, the cases in which f-i . . deductions shall be made from the salaries of pub- lic officers, for neglect of duty in their official capacities, and the amount of such deduction. 102 r>Ki , ii. Temporary absence iroiii ims ciate, shall not cause a forfeiture of a rcaidouce once obtained. V J .^cavioce- ^^^' ^^' ■^'^ member or delegate to any Con- "'" grese of other States or powers, nor persons hold- ing any ofHcc of profit or trust under any foreign power, shall hold or exercise any office of profit nn«ler this State : Provided, that this section does not apply to any deputy, delegate or commis- sioner elected by this convention. ohrnrc! Sec 13. Divorces from the bonds of Matri- mony shall not be granted, but in cases provided for bylaw by suit in chancery. But decrees for divorce shall be final, unless appealed from within three months from the date of the enrollment thereof. tjbei*. how ^^^* •^■^' ^^ prosecutions for the puldishing of "'■■' pa[»ers investigating the official conduct of orticers, or men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence; and in all indictments for libels, the jury shall liave the right to determine the law and the facts under the direction of the courts. Eicotion ro. Seo If). Rctums of all elections for ofticepd--»», who are to be commissioned by the Governor, and for members of the General Assembly, sliall be made to the Secretary of State. Sec, 10. The (lenenii Assembly may, b}^ a vote of two-thirds of both branches thereof, ar- range and designate boundaries for the several counties of this State, whicli shall not bo aUered, ^ 108 except by a lik^otfe of the General Assembly. But no new county shall be hereafter formed of less extent than nine hundred square miles, nor shall it contain, at the time, less than one hun- dredth part of the population of the State, and no existing county shall be hereafter reduced below such area or population by the formation of a new county. Sec. 17. It shall be the duty of the General ArbUrauon* 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 Bummar}^ mode of adjustment. ,*Wf^ '••f'- Sec. 18. It shall be the duty of the general penaj code. Assembly, as soon as circumstances will per- mit, to form a penal code, founded on principles of reformation. Sec. 19. Within five years after the adoption of this Constitution, the body of our laws, civil ^^"* '"'* and criminal, shall be revised, digested and ar- ranged, under proper heads, and promulgated, in such manner as the General Assembly may direct : and a like revision, digest, and promulga- tion, shjiU be made within every subsequent period of ten years, biic. i:u. The General Assembly shall make ^•. ^ 1 n 1 . • • 1 11 Interna) )m- provisions by law lor obtaining correct knowledge proretDoni. of tlie several objects proper for improvement in relation to the navigable waters, and to tbe roads in this State, and for making a systoT""*'^ '■'■' economical application of the means ajj to those objects. 104 Skc. 21. In the event of the amu of any fore gn territory to this State, laws, may be-*^ . jinssed, extending to the inhabitants of puch ter*". ' ritory, all the riglitg and privileges which may be.^l^ required by the terms of such acquisition : ahy**^ *, thing in this constitution to the contrary noVf withstanding. '''* ■' EDUCATION. Schools, and the means of education, shall for- ever be encouraged in this State ; and the General y^.^ .^ Assembly shall take measures to preserve, from unnecessary waste or damage, such lands as have been granted by the United States for tlie use of schools, within each township in this State, and apply the funds, which may be raised from such lands, in strict conformity to the object of such grant. The (Jencral Assembly shall take like measures for the improvement of such lands as > '* have been granted by the United States to this ' State, tor the support of a seminary of learning, ^*'-*- '»'. and the moneys which may bo raised from such lands, by rent, lease, or sale, or from any other quarter, for the purpose aforesaid, shall be and remain a fund for the exclusive support of a State University, for the promotion of the arts, litera- ture and the sciences ; and it shall be the dut}' of the (Jeneral Assembly, as early as may be, to pro- vide effectual means for the improvement and '.• permanent security of the funds and endowments .•*< of such in^^titution. BANKING. SiiCTioN 1. No bank shall be established, nor 105 bank charter renewed under the authority of 'this' * ' State, without the concurrence of two-third? of each house of the General Asseni])ly. •D-]^c.'2. . Not more than one bank sliall be established, nor bank charter renewed at any one sesaiou of the General Asseuibly, nor shall any bank T>e established, or bauk charter renewed, but ill conformity with the following rules. 1. The stockholders shall be liable respectively uu,^ for the debts of the bank in proportion to their stock holden therein. 2. The remedy for collecting debts ehall be reciprocal for and against the bank. Rnlc 3. No bank shall commence operations until.Ruie. • ^ half of the capital stock subscribed for be actually paid in gold or silver, which amount shall, in no case, be less than one hundred thousand dollars. 4. Should any bank neglect or refuse to pay-.,^ on demand any bill, note or obligation, issued by the corporation, according to the promise therein expressed, the holder of any such note, bill, or obligation shall be entitled to receive and recover interest thereon until the some shall be paid, or !3pecie payments arc resumed by said bank, at the rate of twelve per cent, per annum from the dato of subh demand, unless, the General Asaerably shnll sanction such suspension of ppccie payments by a vote of two-thivi-- r^r nn..h i,,.n.-,^ ,^fi^,.. rj..,)- eral Assembly. '". Whenever any bank suspends spfcie pay- ^ ;^ mcnl-, tlie charter is thereby forfeited, unlcfS pnr-U 9 - 106 isiHppusion is legalized, a^ is provided by th6 jirc* (.•ediiiu: rule at tbc then next ensuing sessiou of I he (Iciicral Assembly after such tjuspon.^ion. SLAVKRV. M.< Tj<'.\ J. iSo shive iu lUis dilate thail hv oinancipated hy any act done to take crtecl in tbi^' Htate, or any other country. .SiX'. 2. The humane trcatiueiit of &laA*os sb^\ll bo secured by law. Sec. 3. Laws may be enacted to prohjijit the introchiclion into this State, of slaves who have coimniftcd lii2;h crimes in other States or terri- legulate or prevent the introductioii , ul iluvci luLcj this State as Tiierchandise. Skc. 4. In the prosecution of slaves for crimes, of a higher grade than petit larceny, the Generai Asseinhly shall have no power to deprive them of an impartial trial by a petit jury. Any person who .shall maliciously dis- member or deprive a slave of life, shall snffur >iuch jtunishmcnt a.s would be inflicted iu case the like otleuse had been conunitted on a free white jiersou, aud on the like proof, except iu case o{ insurre'tioii of such '^lave. EXi'LANATOKY PROVISIONS. i»Aii'T r. KL'LATINO TO THE CHANOK FUuM THE TKRHITOtlUL TO THE STATE FOHM OF GOVERNMENT. Sec. 1. That no inconvenience may arise from J^ change of territorial to a permanent State gov- 107 jrnmout, it is declared that all rights, actions, r;eia,i.,. prosecutions, claims, and contracts, as well of in-t!o*^'#l'. . ,jdividuals, as of bodies corporate, shall continue aa' ■ •' ' • if no such change had taken place ; and all pro- cess, which shall, before the third Monday in Sep- Jiembcr next, bo issued in the name of the Ala- ..Jljania territory, shall be as valid as if issued in the name of the State. 4, Sec. 2. All fines, penalties, forfeitures, and os-,i„p,j.g. 'cheats, accruing to the Alabama territory, shall "*^''''''' accrue to the use of the State. '• Sec. 8. The validity of all bonds and recogni-y.j,i^.,j. , zances, executed to the Governor office Alabama '^^'.'t'l^j''',' territory, shall not b& impaired b}' the change of*''' ^■government, but may be sued for and recovered .•*in the name of the Governor of the State of Ala- bama, and his succiBSSors in office ; and iill crimi- . .iial and penal actions, arising or now depending Cwithiu the limits of this State, shall be prosccu- /iped to judgment and execution in the name of 'said State, all causes of action arising to individ- uills, and all suits at law or in equity, now de- pending in the several courts, within the limits of •^his State, and not already barred by law, may be '"fommenced in, or transferred to, such courts as may have jurisdiction thereof. Skc. 4. All officers, civil or military, noWT(.„it<,v:^ holding commissiong under the authority of tht United States, or of the Alabama territory, with- in this State, shall continue to hold and cxcreiae Iheir respective otfices under the authority of this State, until they shall be superseded under the autliority of this Constitution, and shall rtcc'ive froin the treasury of this State, the saiueconipen- eation which they beretofbre received, in pro]»u!- ^ bpl^o omjtioypfl. The . ... r to fill vacancies bv i^^jous, to c; soon «?* i»lorti<>nft-or «p- ]^i»iiilnicnt«! can W in :v\- tli:-»riry of th:- '' '-'•;! ;-■',. :ui(l {)arfs of laws, how \u torco ill the A!yb;.iiia torrltoiy, A^'l>i<>b lire not rft- l'nir!i;iiit to tbe jirovidions of tbia Gonalitutiou, I inae nnd remain ul 'ibfce^ayB tlje laws' df tbis State, ujitU they ^xpirb bv tbeir owii liinltt}-' tion; or sliall be allcrcfl, o^ '-..u.. i]..,! ^^^^ flj^-^ T,og-. itjlaturatbereof. TO ins .'?sc^.sioN'Of Tiis iJtJi'iB or Ai^- • nir INITED wAtef. C I [AFTER 1. (f ahd or darned b^tfiQ petiph fj !,'" ^v ■ ■""/I'd in Cnmci>(ion n.'^^cmblM^ • •Tliivt. tbe S Vbibaiua now, vvitlulraws, and 19 hereby "iMthdr^vi'ti from tbeXTuioii^ kno\<'n n^ ,*?tUe United States of America," and benct^fortb coases to bo one of said United States, and is, and of • t\t^ti onght to he-W^'-Sibuermin.xfi.Yy^MndxiHiHUnt Skc. -. I'f ■'V'rli-crilcrhu-cdcndbrdllbudbyihx' }Vi)['l> of (Jii s/rel»v resumed and Vested, ip tbe -peo^ilK of tbi '■' Alabama, I 109 Sec. 8. Be it ordained bu the people of Alabama i'^-i^>f'caihm in Convention Asscmbccd. That tlic GonstitntiOD''''^"''""*'" framed and adopted on .tho lltk.day of March,^'-'' • 1861,byftll^ Deputies from tha.'Statos of South Oai'oHun, Georgia, Florida, Alabama, Mississippi, !(ijonisia.na, and Texas, in convention assembled, at . Montgomer}', Alabama, be, and the same ishe^'c- by APPROVED, RATIFIED aud ADQPiED,;as the Fqdevdl ' jf/j,* * Constitution for the people of AUibama. GHAPTIllR IT. Sjcc. 1 . No law enacted by the antlinrity of the yo uiw t>f^ , State of Alabama, in force on the lUhday of Jan-irtiizancc, accruing or eiuiriuaf, iu whole or in ynrt* t«^ the State of Ahibnma, whether in nttron '■'• ""■ "KlgmcDt, is ullccted by saij ordinance. 4. No bond issued by authority of the f tiiid State, or biHs or coin laWfnlly used afi. r' i»or<>c mv»ii .' . .'). No [tiocciis ur['i\)coot]iii!^ i)i' any Colirt ~ State, is '11110 cted by said Ordinance of Se- \ :mc. 6. Ho. rjf^ht, title, fianohise, oanenieMt, li- i.\r,-:oii (luse or pnvilege ;E:i\'cn,. granted or conferred to, • , or'npuu ai»y per^ion or body corporate, under and Ijy nuthority of'tho laic's of this State, and no nght ol iKt^^cssion or property, action or prosecution, ^\t]>\ rluiiQ, contract, agrceuiont, obligation, debt ' y, ol" any. persoii Of body coi'portite, is afliakit)- Lii by. ^^aid Ordinance of Socessiou, unless the same iiiiMconbistent with-saidonUnance, arisatl:eif''>' bv Sonic other gnliuance of this Convention^. yp- f^Ec. 7. No riffhts acquired, or vet?ted in any body corjioratc under the Oonatitntioiioi the Uni- ted ytatCi*. or under an}' act of Congress parsed in ]iur.iuance tliereof, or under any law of this Statej and not inconiputible with sail} Ordinance oi*§^ ccfl^iftu, is-alfected by said ordinance. ' .. "'.• *; 'oifAPTER HI. lilXATIN-fl TO TliE OJJANttJiS TN '11115 COXSTITVTION OF ALiliAM/V. ^tjEc. 1. Jiiit"!' ' :i tht 'peopUqf U\e S^f^jof Ill Alabama in ConvmUoti asscmhlcdj That no change made iu the Coustitution of the 8tate of Ahal)ania, by thia Oonvention, shall have the effect to div'cat any riglit, title, or legal trust existing at tho time of making such change. But all such changes shull-hav!istitntion, which proposed anion dm cuts, shall be duly published in print, at least three months before the next g^-neral Sec- tion of Representatives, for tlie considemtion of IV2 the i/cpj»l^, audit shall b« tb© duty of the sevtjraL ir olSctirs, at the next geiioral doction w;;. '. iiiill bo li(!lu!l lur, mul make a return to ' n'turv of fetate,.for the.tliue bgiti^, of the uames of all those voting for Koprcpcntativcs who havu N*>J:ed on auolj propoccd anieudijients, and it^ thereupon, .it ^Lail at>iiufU' that a ninjoritj of aH the trti/?*jn3 of (his 8tfttc, votiug for Kcprcsoutativos, tum^ rote^ . in favor of sruch proposed amendments, and tyro- • thirds oicach Jloubc ot the next General A>«cra- blv, shall, after such an election, and hefbro. an- other, ratify the same amoidments by ijtus and iu'jj,<. they shall bo valid, to all intents and pur- poses, Hi parts of this Constitution ; J^rovUk4^ . That the said propoiied amendments thall, at each of the said sessionrf, liave been read thii^' liino-, on three several day«, iu each House; farlUr, That a Convention of the people of ihQ iStato may be called by a vote of two-thinl^ of each hrancli of tlio General Assembly, under such rulttj and rej^ulations as the Legislature m^ay prc- acribe, to amend the Constitution or for any other ]^"e. /\ui>[iU'u iiy LiM- jicdplc of AlabaiiKi, l»y lliO nnanimoua vote of their dclei;*ates in CA>nvon+Ton'' . {Miyembled^ ab-- the Capitol, in the city of Mont-,! gon)try, on this the twentieth day of March, in the year of «ur iionl, one tho" op- eration, whichsoever shall first occur. AliTICLE I. A ' i\vcrs luTciii to, and shall he represented by any one or more ofits Dtjpnties who may be present. fi. The Congress may determine the rules of its'pto- eeijdivgs, punish its members for disorderly behavloij and, with the concul-rencc of two-thirds, expel a member. 8. The Congress shall keep a journal of its procoiiUin^, and from time to time publish the same, excepting ench pai't;^ as may in their judgment require secrecy : and the yeas and nays of the members on any question, shall at the deairfc of one-tifbh of those present, ot at the instauec of ,. anv ate, be entered on the journal. ^» SECIION IV. The mefiiherg .of Congress shall rccdve a corapeiUation fdrtfieir services, to be ascertained by law, and paid" out , of the treiistiry of the Confederacy. They shall in all (^es, except treason, felony and breach of the peace, bo privilyged from ari'ost during their attendance at the ses- . fiion of the Congress, and in going to and returning from the same; and for any speech or debate, they shall not bo qucBtioued in any other place. 115 SECTION V. 1. Every bill which shall have passed the Congress, ehall, before it become a law, be presented to the Presi- dent of the Confederacy ; if he approve, he shall sign it ; but if not, he shall return it with his objections, to the Congress, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such re- cansideration, two-thirds of the Congress shall agree 'to pass tlu^, bill, it shall become a law. But in all such cases, the vote shall be determined by yeas iand nays ; and the names of the persons voting for and against the bill shall be entered on the journal. If any bill shall hot be return- ed by tlid President within ten 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 Congress,' by their adjourn nfent, prevent its I'eturnv in which case it shall not be a law. The President may veto any appropriation or appropriations and approve anj' oth- er appropriation or appropriations in the same bill. 2. Every order, resolution or vote, intended tO' have the force and effect of a law, shall be presented to the Presi- dent, and before the same shall take effect, shall be ap- proved by hira, or being disapproved by.him, shall bo re- passed by two-thirds of the Congress, according to the rules and limitations prescribed in the case of a bill. 3. Until the inauguration of the President, all bills, or- ders, resolutions and votes adopted by the Congress shall be of lull force without approval by him. SKCTION \i. 1. The Congress shall have power to lay an»i collect taxc.-i, duties, imposts and ox(;ises, for the revenue necoa- sary to pay the debts and carry on the Government of the Confederacy; and all duties, imposts and < -ball be uniform throughout the States of tbo ConlL Aud this Cnngn^'is shall also exercise executive po\i ■ 'nitil tl '■ 'is inaufrurated : -.*7» «^'V»* 1K> .2. Trt h>^rrow uioin.'y <<.. «lit of the Conl>(4erttc^^' • 3. To rc'i^ulate comnu ii foreign nations, nrd Bttiong the several States, finii with the Indian tribea ; '. -^ 4. To ostahlish a uniforiii rnl •• ■ , ^ uniforui hi\v8 on tlic Mihicct of \< the ConftuJeraey : 5. To coin money, rcguUtc thja value tl»ero()f uml of forcigji coin, and fix tl'" ^imi-Im-,] 'of wr^/ht-^ andjivCA^- uros : *.• 'v • 6. To provide for the punishmcut of counterfeiting the securities and current coin of the Coufcderacy : 7. To establish post-ofticcs and post-roads : ^. To promote the progress of scienqe and'tiserfbl-jirta, li i'lgj for limited tinios, to authors and inventors, 11 :-ive ri^ht to their ro^iiective writinsr^^ and dis- eo>«erios : f^. To coustitute tribunals inferior to the Sujireme Court: ^. 10. To defijie and punish piracies and feloiiies^oammit- tc'l on the' high' seas, au.d otKinces against the la^v o\^ na- , tions: • .'11. To declare war, grant iBtt-ers of marque and repri- ^]\ and make rules concerning captures on Ian A and water : 12. Tn raise and support armies ; butnoai-, ^ .lioa ofni' that use shall be for a longir term than tU'O ' years : .13^ To provide and maintain a mivy : 14. ^o "make rules Tor tho government aud regulation of the laud and naval forces : l.*). To provide for calling lorth tho mililia tocxocutc tho laws, of the Confederacy, suppress insurrections, and n']iel invasions : 10. To provide for ui'gaiu/.iiiL;, armini,^ and (lisc.'i[iiiniug the militia, and for governing such jiart of them as maj'- bo employed in the servito of the Confederacy, reserving io the .Slates respectively iIh- nj.jioinl mcnt of the < "■ i ~. 117 "nd the authority of training the militia accoiiling to the isciplinc prescribed by Congress : and 17. To make all laws which shall be necessary and prop- er for carrying into execution the foregoing powers and nil other powers expressly delegated by tliis Con-til-ntion to this Provisional Government. -r ■ / t^ECTlON VII. 1. -The importation of Africau negroes from anj' foreig?i co^uti^ other than the slaveholding States of the United !Sta4;o«,'is hereby forbidden ; and Congress is required to pass such laws as shall eiFectually prevent the same. 2. The Congress shall also have power to prohibit the introduction of slaves from any State not a member of this Confederacy. 3. The privilege of the writ of habeas corpus shall not be suspended unless, when in cases of rch.oHion or invanion, the public safety may requirb it. 4. No bill of attainder, or ex post facto law shall bo passed. •>»^. < No preference shall be given by ahy I'eguhation of commerce or revenue, to the ports of one State over those of another; nor shall vessels bound to or from one State be obliged to enter, clear, or pay duties in another. 6. No money shall be drawn from the treasury but in consequence of appropriations made by law; and a regular statement and account of the receipts and expendi- tures of all public money shall be published from timr^ • time. 7. Congress shall appropriate no money •''"•"'■ ihe treasury unless it be asked for by the Presidei e one of the heads of J^epartments, except for the jiui[.08<» f paying its own expenses and con'" ■'"•■""ies* ^. No title of nobility shall b d by tlio Con- and no person holding any office of profit of i; ;• it shall, without the consent of the Congress, ; J,. . ....J i !'-ji.'-, uiiiolumcnt, office, or till- .. :.;:y kind, whatever, from any king, prince, or foreign State. 9. Congress shall make uo law respecting an cstab- r, i......T>t of religion or prohibiting the free exercise . : or abiidgiug the freedom of speech or of the press J. or the right of tlie people peaceably to assemble, and to petition the Government for a redress of such grievances as the delegated powers of this Government may warrant it to consider and redress; 10. A well regulated militia being necessary to the security of a free State, the right of tlie people to keep and bear arms shall not be infringed. 11. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but iu a manner to be prescribed by la^^ . 12. The right of the people to be secure in their per- sons, houses, papers, and eflccts against unreasonable searches and seizures shall not be violated ; aud no war- rants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. 13. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice pat in jeopardy of life or limb : nor shall be compelled, in any criminal case, to be a witness against himsel I. i i- be deprived of life, liberty or property, without due proeeas of law; nor shall private property be taken tor public use, without just compensation. 14. In all criminal prosecutions the accused shall enjoy tljc right to a speedy and public trial, by an im- partial jury of the State and district wherein the crime ehnll have been committal, which district shuU have been previously ascertained by law, and to be informed 119 of the nature and cause of the accusation; to be con- fronted with the witnesses against him ; to have com- pulsory process for obtaining witnesses in his favor ; and to have the assistance of counsel for his defence. 15. In suits at common law, where the value in con* troversj, shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact, tried by a jury, shall be otherwise re-examined in any Court of the Con- federacy than according to the rules of the common law. IG, Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments in- ilicted. •* * 17. The enumeration, in the Constitution, of certain "tights, shall not be construed to deny or disparage others retained hy the people. \ ,,18. The powers not delegated to the Confederacy by The Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. ■f 19, The judicial power of the Confederacy shall not be construed to extend to any suit in law or equity, com- menced or prosecuted against one of the States of the Confederacy, by citizens of another State, or by citizene or subjects of any foreign State. SECTION Viii. 1. Ko State shall enter into any treaty, nllianco, or confederation ; grant letters of marqUe and reprisal ; coin money ; emit bills of credit ; make any thing but gold and silver coin a tender in payment of debts ; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts ; or grant any title of nobility. 2.' No State shall, without the consent of the Congress, lay any imposts or duties on imports or export?, except what may be absolutely necessary for exccutjng its in- spection laws; and the net produce of all duties and imposts, laid by any State on imports or exports, shall be tor tlic use of tht treasury of the Confederacy, and all Ho V iv uuty of tonriii r into a: ct \\'itJi auot' , nr with a utn luti - .^0 in war, u i iiuUly invat ailmit of delay AHTIOLK n. SFjrri' •■-• I. I'lie Exectltivo power shall be vested in a Prcsideut (11 I lie- Confederate States of America. IIo, together rrtth the Vice President, shall hold his office for one • niilil this Provisional. Oovcrnmeht shall 'b& &u- . >\ by a Permanent Qovernnicnt. ■\vhicbsoo^ or stijw. ;r. dent and Vice President shall he elqcto^ b} liailot by the States represented iii this Contr' "h •', Slate CastinsJC on** vote. niuT ;i iniibwit^v nf f]|(> wl (jr_ rctjnvf^ite to elci ;i except a iialiu'id horn citizen, or a cif!^ ^.cu -M vMi. i.i ihe States of this Confederacy at the tiine of the adoption of this Constitution, shall he clifjihh^ to tlte. office of, Prcadcnt; rreither fhrvll any porso; 1- "bie to tliat ollicd who ^hall not have attained tbe :(l;c if tbirfcy-tive years and been fonrtccti years a resident of one of tliG States of this Confederacy. 4. In case of tlie removal of tlic l.*rc.-Hidcut from olUc or of his death, resignation, or inability to di.-^churge the powers and duties of the said oiflce (which inability shall be determined by a vote of two-tliirde of the Cohgrosa,") the !r in the Proi- dent alone, in the, courts of law, or in tl of istnct and Circuit Courts of the United States, for that State, and shall appoint tlie times and places at which the courts shall be held. Appeals may be taken clirectly from thef Distrifct Courts to the Supreme Court, under similar regulations to those which are provided in cases of appeal to the Supreme Court of the United States or under such other regulations as may be provi- ded by the Congress. The commissions of all the judges shall expire with this Provisional Govern nieut. 8. The Supreme Court shall be constituted of all the District Judges, a majority of whom shall be a quorum, and shall sit at such times and places as the Conirress shall appoint. 4. The Congress shall have power to make laws for the transfer of any causes which were pending in the Courts of the United States to the Courts of the Confede- racy, and for the execution of the orders, decrees and judgments heretofore rendered by the said Courts of the United States ; and also all laws which may be requisite * to protect the parties to all such suits, orders, judgments or decrees, their heirs, personal representatives or as- signees. SECTION II. 1. The judicial power shall extend to all cases of law and equity, arising under this Constitution, the laws of the United States, and of this Confederacy, and treaties made, or which shall be made under its authority; to all cases affecting ambassadors, other public ministers and consuls ; to all cases of admiralty and maratimc jurisdic- tion ; to controversies to which the Confederacy shall be a part}* ; controversies between two or more states ; be- tween citizens of different States ; between citizens of the same State, qlaiming lands under grants of diff*ercnt States. 2. In all cases aff"ecting ambassadors, other public ministers and consuls, and those in which a State phail be ■• a party, the Supreme Court shall have original jurisdic- tion. In all other cases before mentioned, the Supreme •Court shall have appellate jurisdiction, both as to law u. Mu\ Tdct, Vitl. ~ aiiUiU wiiere the caicl crimes shall have been committed; Lilt when not committed Tvithin anj State, tlic trial ^^haH, ho a' Kuoh place or ^ilaoL'S as the Coni-t wuly ying war against it, or in adhering to its enemies, ^innsj them aid and comfort. N6 persOD shall be con- ' ' of treason unless on the t<^stimony of two witncfsefi -auie overt act, or on cojifossion in open eonrt. ::. The Congress shall have power to declare th^ puiiibhment of treasc^n ; bnt no attainder of treason i .-luiM ! ' ' ' ' ' - h proof. 1 1. \. Tlic citir.ons of cruh State shall be entitled to all piivilegcp and immnn citizens in ilio several \ p 'I sDii ciiaim'W 111 aiij .ciiiu- Willi Irua-iMi. jvluny I r crime, who shall flee from justice, and be fouu(l 125 ill another State, shall, on iknnand of the executive authority of the State from wliich he fled, bo delivered •4ip, to be removed to the State having jurisdictiou of the ♦ji^ime. /* 3. A slave in one State escaping to another, shall bo delivered up on claim of the party to whom said slave may belong by the executive authority of the State in which such slave shall be found; and in case of any ab- duction or forcible i'ese*ii(^, full compensation, iiiohiding the value of the slave and all costs and expenses, shall be made to the party by the State in which such ahdnction •or rescue shall take place. SECTION TII. 1. The Confederacy shall guarantee to every State in tills Union a republican form of governtneut, and shall protect each of them against invasion ; and on applica- tion of the legislature or of the executive (when the legis- lature cannot be convened), against domestic violence. ARTICLE V. 1. The Congress, by a vote of two-thirds, n^iiy, at any time, alter or amend this Constitution. ARTICLE VI. 1. This Constitution, and the !aw.s of the Confederacy which shall be made in pursuance thereof, and all treaties made, or which shall be made under the authority of the Confederacy, shall be the supreme law of the land; and the judges iu every State, shall be bound thereby, any- thing in the Constitution or laws of any State to the contrary notwithstanding. 2. The Government hereby instituted shnli take im- mediate steps for the settlement of all matters 1»ct\veeu the States forming it, and Iboir other late Confuderatea 126 of the United States, in relation to the public property and jiublic debt at the time of their withdrawal from ^eni ; these States hereby declaring it to be their wish and earnest desire to adjust everything pertaining to the comnjou property, common liability, and common obliga- tions of that Union, upon the principles of right, justice, equity and good faith. 4. T'^'ntil otherwise provided by the Congress, the City of Montgomery, in the State of Alabama, shall be the scat of Government. 4. The members of the Congress, and all executive and judicial officers of the Confederacy shall be bound by oath or aflirmatiou to support this Constitution ; but no religious test shall be required as a qualilication to an}" oflibe or public trust under this Confederacy. 5. The Congress shall have power to admit other States. CONSTITUTION OF THE CONFEDERATE STATES OF AMERICA. We, the people of the Confederate States, each State acting in it sovereign and independent character, in order to form a permanent federal Government, establish jus- tice, insure domestic tranquility, and secure the blessings of liberty to ourselves and our posterity — invoking the fa- vor and guidance of Almighty God — do ordain and es- tablish this Constitution of the Confederate States of America. ARTICLE L SECTION I. All legislative powers herein delegated shall be vested in a Congress of the Confederate States, which shall con- sist of a Senate and House of Representatives. SECTION If. 1. The House of Representatives shall be composed of members chosen avery second year by the peoitlo of the eeveral States; and the electors in each State shall be cit- izens of the Confederate States, and have the qualirtca- 128 tioii!» re(|uii»itc for electors of tlio most numerous bninch of tbe iStatc Legislature ; but no person of foreign birtb, uot a citizen of the Confederate States, ehall be allowed t(3 rote for any oiiiccr, civil or political, State or federal. ^ 2. So person shall be a Representative who shall not Lave attained the age of twenty-live years, and l>e a oiti- xcji of the Conlcderate States, and who shall not, wheA elected, be an inhabitant of that State in which he shall be chosen. 3. liopi-esentfitiyes and direct taxes shall be apportign- ed among the several States which maj^ be included with- in this Confederacy, according to their rcs]»ectivc numbers — whicb shiill be determined by adding to the whole num- ber of free persons, including those bound to service for a term of years, and excluding Indians not taxed, thrce- lifths of all slaves. The actual enumeration shall be made within three years after the first meeting of the Congress of the Confederate States, and within every subsequent term often years, in such manner as tliey shall, b}' law, ■discct. ' ,TJi« number of Representatives shall not exceed one for every fifty thousand, but each State shall have, at least, one Jieprescntative; and until such enumeration sball be made, the State of South Carolina shall be enti- tled to choose six, the State of Georgia ten, the State of Alabama nine, the State of Florida two, the State of Mis- sissippi seven, the State of Louisiana six, and tho State of Texas six. ; ' ..• 4. When vatanuiu.'- happen in ihc rc-prcscntatioTi fVoni any State, the executive authori'ty thereof shall i^isu,e writs of election to jd II such vaoancir-. 5. The House of Representatives shall choose their Sjteaker and other officers, and shall have the sole power of imi)eachment ; except that any judicial or other federal' oflicer, resident and acting solely within the limits of any State, may be imi)eached by a vote ni" two-thirds of both, branches of tho Le«rislature thereof. 129 SECTIOiSr III. 1. The Senate of the Confederate States shall be com- posed of two Senators from each State, chosen for six years by the Legislature thereof, at the regular session- next immediately preceding the commencement of the term of service ; and each Senator shall have one vote. 2. Immediately after they shall be assembled, in con- seq^uence of the first election, they shall be divided as .'equally as may be into three classes. The scats of the Senators of the first class shall be vacated at the expiration of the second year ; of the second class at the expiration *of the fourth year ; and of the third class at the expiration of the sixth year ; so that one-third may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the Legislature of any "State, the Executive thereof ma}'^ make temporary ap- pointments until the next meeting of the Legislatui*e, which shall then fill such vacancies. 3. No person shall be a Senator who shall not have at- tained the age of thirty years, and be a citizen of the Con- federate States; and who shall not, when elected, be an inhabitant of the State for which he shall be chosen. 4. The Vice President of the Confederate States shall be President of the Senate ; but shall have no vote, unless tbey be equally divided. 5. The Senate shall choose their other oflicers : and also a President pro tempore in the absence of the Vice President, or when he shall exercise the offi'^o of Presi- dent of the Confederate States. 6. The Senate shall have the sole power to try all im- peachments. When sitting for that purpose, they shall 1)0 on oath or affirmation. When the l*resident of the Confederate States is tried, the Chief Justice shall pre- side; and no person shall be convicted without the con- currence of two-thirds of the members present. 7. Judgment in cases of impeachment shall not extend 130 furtlior ilmii to removal from oftioc, and disqualification to holv two- thirds of that lIou.se, it shall become a law. r>at in all sncK.casQS, the votes of both Houses shall be determined by yoas and nays ; and the names of the persons voting for anpropriation and disapprove any other appro- priation in the same bill. In such case he shall, in sign- ing the bill, designate the appropriations disapiu'oved ; and shall return a copy of such ap[iropriations, Avilh his objections, to the House in which the bill shall hiw inated ; and the same proceedings shall then be had :u m case of other bills disap}»roved by the President. •1 Evoiy ordei', resolution or vote, to w.hich ilir < onmr- rcnce of both Houses iniN' be necessary (except on u (pies- tiou of adjournment,) shall be presented to the President of the Contederate States ; and before the eame shall take elfect, shall be approved by him ; or being disapproved by him, shall be repassed by two-thirds of both Houses, ^ according to the rules and limitations prescribed iti case of a bill. SECTION \1I1. The Cuiigies.s shall liavc [(owcr — 1. To lay and collect taxes, duties, imposts and excises, for ivvenuo necessary to pay the debts, provide lor the 1^- , V comraou defence, and to carry on the Government of the Confederate States ; but no bounties shall bo granted from the treasury ; nor shall any duties or taxes on importa- tions from foreign nations be laid to promote or foster any branch of industry; and all duties, impost? and excises shall be uniform throughout the Confederate States : 2. To borrow money on the credit of the C'«nf.t1iTntn States : "3' To regulate commerce with foreign naiiouri, and ahioug the several States, and with the Indian. tribes ; but neither this, nor any other clause contained in the Consti- tution, shall ovf^r be construed to delegate the pow6r to Congress to appropriate money for any internal improve- • ment intended to facilitate commerce, except for the pur- pose of furnishing .lights, beacons, and buoys, and other aids to navigation upon the coasts, and the improvement of harbors, and the removing of obstructions in river nav- • igation, in all which cases,- such duties shall be laid on the navigation facilitated thereby, as may be necessery to pay the costs and expenses thereof: "4.. To establish uniform laws of naturalization, and uniform lav78 on the subject of bankruptcies throughout the confederated States; but no law of Congress shall discharge any debt contracted before the passage of the same : 5. To coin money, regulate the value liiuiu incMt of clainiB a<^ainst the Confederate State.?, the justice . .of whicli shall have been judicially declared by a tribunal fbr tUe investigation of claims against thfe Goycrnineut, wliicli it is hereby made the duty of Congress to establish. 10. All bills appropriating money shall specify, in fed- eral currency, the exact amount of each appropriation, and the purposes for wliich it is made ; and Congress shall grant no extra compensation to any public con- tractor, officer, agent, or servant, after such contract shall have been made or such service rendered. 11. Ko title of nobility shall be granted by the Con-, federate States ; and no person holding any office of profit QR trust under thera shall, without the consent of the Congress, accept of any present, emolument, office ox.. title, of any kind whatever, from any king, prince, or foreign State. ' 12. Congress shall make no law respecting an fiehmeut of religion, or prohibiting the free t \ thereof; or abridging the freedom of speech, oi ci ilie pre.^s ; or the right of the people peaceably to assombLe and petition the Government for a redress of grievances. 13. A well regulated militia being necessary to the security of a free State, the right of the people to keep, aud bear arms shall not be infringed. 14. iNo soldier shall, in time of peacCj be quarteinl iii any house without the consent of the. owner; i>or in timft^ of war, but in a manner to be prescribed by law^ 15. The right of the people to be secure in theii per- eoiis. liouses, papers, and eflects against unreasonable Hcarclies and seizures shall not be vii>lated ; and no war»^. rants shall issue but upon probable cause, supported by ., oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. 16. No person shall be held to answer for a capital or •otherwise infamous crime, unless on a presentment or 187 Uidietraent of a grand jury, except in cases ansiug in the laud or naval forces, or in the militia w.heu in actual seivice in time of war or public damgor; nor shall any ptirson be subject for the same ottonce to be twice- put in jeopardy of life or limb: nor be compelled,- in any criminal case, to be a witness against himself; nor bo deprived of life, liberty or property, without due process of law; iior shall private property bo taken for public use, witliout just compensation. 17. .Ill: all criminal prosecntions the 'ficcueed shall enjoy the right to a speedy and public trial, by an im- partial jury of the tState aud district wherein, the crime shall- have ,beeii committed, which district shall have been previously ascertained by lavt, aud to be informed of the nature and cause of the accusation; to. b^ pou-. fronted with the witneescB against him; to, have com- pulsory process for obtaining witnesses in liis favOr ; and.* , to have the assistance of counsel ibr his defence. ; -18. In suits at common law, where the value in con- . troversy, ghall exceed twenty dollars, the right of trial by" jury shall be preserved; and no fact, tried by a jury, shail.be otherwise re-examined in any Court of the Con- federacy than according to the rules of the common law. 19. E:j^ces3ivc bail shall not be required, nor excessive fines imposed, nor cruel and unusual puuishmeute in- flicted. -'.'.' • 29. Every law or resoluti-on having the f6rce of law, !?hall relate to but one subject, and that. shall be expressr cd in the title. .« ■ , SECTION x. 1. No State siiall enter into any treaty, alliance, or confederation ; grant letters of marcjue and reprisal ; coin, money; make any thing but gold and silver coin a t<^ii-; der in payment of debts ; pass any billof uttaiuo.s< facto law, or law impairing the pbligation of con- tracts ; or grant any title of nobility. 11 8, '^Co'- ' ;il, withoritUie'tonicont oftlio Oon^rc8« lay aiiv V'l; ■' rt>:- or e.^porfs^ except \vh«t min- be tib$olutel}; tte^eFsaT}* fct t.teitf>, i^all • be. for ihve life of tbe tl^3nsary of tbe Confederate States ; nrtd Jill «ucli lays f^bntl'be^Qlijoftt t'ot1ie^*reV!ston aurl control o{ Coftgres*.' ' ' .' ' "''.■''''' ^ 3, No State sbaJl, without tbe eon^tnt 9^C'on^rcs?, - M layr'any cfOty o\) toftnuge, except'ori sen-g^ijiff vessels, foi' \ tlio' iriiproveracnt of its rivers alVcl barbbrs uaviLTflted by ttSc said'vesscla: but such datio:? shall not eonflict with aiiy trcjitres of the Co}ifederate States wit}! forei'gh rta-" . I tiou's"; and any Bupphis revenne, thn? derived, shall, after inakinfi; ?i^(i\\ improveracnt, be paid into the conimoc trfeasury; no^ shall auy State Ite^p troops or ships o'f wav in time of peace, isntdr into any agreement or coiti- pact with -finotlior Strite, c»r ^tifh a foreign power, or en- fa<^e iji war, unless actnally mvaded,orin such imniineut aiv!»tT fifl will not- admit of t\6\xy. ' Biit when any river^ • dtv,i(les "or flow€rsou having the greatest number of FoteS a^ Vice JPresidcnt shall be the Vice President, if audi num- ber Tx; a majority of the wjiole number of electorc* ap- 140 1: 5ind, if no pcnison liave a majority, tUen, from . hi^'licst numbers on tlie list, the Sciiatc sliall choose llie Vice President; a quorutn for the piirpose* f=h^\\ consii^t of tWo-fhinU of the whole number of 8oi^?i: t(?r», miJ II majority of thu whole unmber sluill bo. necc§- i*iir/ ta a clioico. n. But no .person oont-litutionally ineiligildc to the otfifC of PreHident shall bo elijj^ibic to that of Vice Prosi'- d€n{ of the Confederate States. ij. TlH^Oonijrcs.'^ may determine the time of choosing , tiio I'leetoj-e, and the day oa which they shall give their vote«; ".whicli day aiiaU be the same throughx^ut the .Cofi*^ federate States. ;• '* * ' • -^ • ' . *7.'No I'^ersoji'eJPCcpl a onturnrbb.rkT3itizen of tlK) Cod- ledernte 8ttitee,^0f a citizen thorepf, at thta time of thb aie to the office of Fresidunt: neiUier shall ftoy pcrs6n.be clifj^bjo to that, office * Who -BligirnAt hav^s attained the age of thirty-five yeari^, and been ,fouHfe«n* yoars'.a resident within the limits of the Confederate jSt^ft'a'as riiey may exist at the time of his^electtot)."-' * ""S. 'In ta^eof the removal of the President from ©"fSce^ orof tjTs death, resignation or inabilify to disclmrg'G thb po-vircrri and duties of the said office; the fearac shftll dc- volrp on th€ Vice President ; and the Congrci^ irjay', "Tjjr^ la\v> provide for the cac^e of i-'emoval, death, rcsfgnn'tion, or inability, both of the I'resident aud Vice i'rOt^idCut^. . deekirin^ what officer shall then ac(t *i8 President, and truchotfi-eer 'flhall act aceordin^i^ly until the disability W romorcd or a Pre^idont sh^U be elected. ' / 1>. The President' shall at stated, time^, TcceivTS for liic senicee a compensation, which shall neither be increased, licfrjfiimihifihGd during the period for which lie shall iiave been \>l«cted ; and ho shall not receive within tliat pcri«id aey otlioi* emolument from tbe.Oonlbdcrate StateSj^ or^.oft. 141 10. Before lie eiitors on the exechtiou of his oflice, ho sTitiH take the foUowliig oath or affirraatro,n.: .^ '"'I do solemcl}^ swear (or affirm) that I will faithfully execute the office of Presideut of the Confederate fjtatcs, ^nd will, to the best of rhy ajiility, pVes^rre, protect uyd -defend the constitution thereof'* SECTION ir. 1. The President shall be Commander-in-Chief of the arniy and uavy of the Confed^^nxtc .-States, and of the milHiij, of , the several States, when called into the actiifll service .of the Confederate States; he may requii^ie the opin'ioii, in writing, of the.principal officer in each of the Executive Departments, Jtnd upon anj' subject I'Glati-ng to the dirties of their respective offices, and he.^hall have piower to grant reprieves and pardons for, offences against .the Confederate States, except in casee of impeachment. ' '2.;IIe shall have po^ver, by and with the advice and consent of the Senate, to make treaties, provided two- tliirds of the Senators pTosent concur; and he shall nomi- nate,- and 'by and with the advice and consent of the Senate, shall appqitil arnbassadors, other public minis- tiers ancl.. consuls, Judges ofthe Supreme Court, and all otller omoere of the Confederate States, whose appoii>t- .rapr.ts are not herein 'Otherwise provided for, and which 'shall' be established bylaw,; but the Congress ma}', by law, vost the appointment 6f such inferior ofiict3*P6j^ as they think proper, in the President alouc, in the cpnrts of law, or in the heads of departments. 3. The principal officer in each of the Executiyo De- partment!?, and all pereions connected with the diplo^fnatic . service, maybe removed from office at thepleafrure of the Pfesident.- Airother civil' officers of tliG" Exect\tivcl?e- partmont may b6 removed at any time by tjie Prcf^idcn't, or other appointing power^ when their f(orvioes arb un- uegcssQry, or {qy dishonesty, incapacity, inefficio>icy,'nii8- 144 conduct, or nq^teet Ojf duty; aud when so reuioved, tlio removM ■ eliall be" reported ttf tho Senate, t-<)^.c.tht-'r ^vH^i the rear'ous therefor. * . , .' . '4. *rh6 President pliall have "pox^^pr to fitl flU vaeaneics that Ti^dv. •Ivap'ju^il during the rccpss of the ^Soautie, ^ hy gr^utiiijCc Gpijimi86idiis w^ioh 'shall (Txplre 5i,t the, qiuI of thc'H- next session ; but no person rejectee! by tlio Senate- !tfitkr high e'rinies'ftiid |Tiisddti|eauoi's, AKTIOLK ril. SECTION 1. 1. .Xh(J. judicial po>vcr pf.. the Opjiiadcrat»i SX^tjesishajl bo vested in one Supreme Court, and in such Inferior Cyurts. ;ijis the Cojtgrcss may frjom time to ti;ne, Qrt-i.aiu ' ao'd cvstvjjlisli. The Judges, both pi' the fc>.upi'ei5ae_£tftd Infouor Courts, ehaLI hold their oflices during good be- havior, and shall, at stated times, rocpive for X\mv servi- 1.43 CQ§ a convpeiiauition, whi^^li shall not be.-m. ' . • • . . 1. Treason against the Confederate Slates i^lJaU consist only 'in levying war agaiuet them, or iii-acaotb6si(M» ii% ojl^n court. ^ j«i'- •.*. ''. ^ •»• • •. . 144 "^. ^hc Goiijfnss pliall nnVc ^jon'or to doelnre the ])uii- ishniont of treiison, but uo atLaitnlor of ti'easpn shall T^-ork corruptlQii of l)lood,^or foril^iUu'c, /exc(4>t during the life of t,hv i>ef son attainted., ARTICJ.E IV, StGTION If , 1, I^ijllfaitt\ and credit slwill be glrenln caeb Stato to the public ii,ct§, recoa'dfe and juditial proceed,! ngs of every QthQr 3t;ate ; ^ud the Cpngres? may, by general lawa, prcscribo- the manner in whicli siicli acts, rfecovd* i\ntl proccedinii^s shall be proycd, and the eflect theitof. 1. The cAtiz^ps Qf each "Stafc snail ue entitled to cH the* prfviTcj^Gs aiid.imraunitieB of citizens iii'thfi several ISt^tes, tind phnll havo tlie rigtit of transit and pojouni in any 'CJtate Of this Cpnfeduracy, M'ith their, slaves and otbor properly; i\nd tl>e right of property in $aM elavcfe "shall not be thereby impaired. 2. A peripi^u charged in any State with treasQn, fciony, or othcj' cri/ne ao^aingt th6 la>vs of tucli State, v^bo shall flee from justice, and be found in another State, sb'aH, oii demand of the ExecuilvtJ uuthority of .the State 'fi«dm Avhjdi be iicd, be . dctiycred up, to be removed fo the State-haying jun6di(?t}pu "of tho cirimc. 'Si Isq slave, or otiier person lield to iacrvice or labor in luiy State > or Territory of the Opnfoderato Stjitcs. under the laws tliereof, cfecaplug or iaWnilly caixied iAto a'uo'ther, shall-, iu consequence oji' any-law. or regulation therein,' be discharged fropi such s6rvieb or labor; bnt flhall be delivered up on olaini of the party to \^'hom such slave l?eloA*8, ^r to whotTi su-ch ecnnoco^ labor may be due. • SI^CilQN, 111. 1. (Jllier Btatcs.may be admitted into this Oonfedcraciy by a vote of two-thirds of the Avholo House of Reprjascn- 145 tatives, and two-thirdg of the Senate, tlie Senate voting by StatcB ; but no new State shall bo formed or erected within the jurisdiction of any other State; nor any State be formed b}' the junction of two or more States, or paTts of States, without the consent of the Legislatuifes of the States concerned, as'w^ell as of the Congress. • 2. The Congrcss shall have power to dis'jiose of and make all needful rules and regulations concerning th« property of the Confederate States, in-cluding the lands thercof. 3. The Confederate States maj' acquire new territory; and Congress eliall have power to legislate and provide governments for the inhabitants of all territory belong- ing to the Coj]federate States, lying without the limits of the ^e^era) States ; and may permit them, at sucJi times and in such mariiifer n^ it may by law provide, to foi'm •Stfvfcs ti3 be admitted into the Confederacy. In all such* territorj-, the institution of negro slavery, a'a it niw ex- ists in the Confederate States, shall be recognized and protected' by Oongress, and by the, Territonat Govern- ment; and, the inhabitants of the several Confederate States 'and Territories shall have the right to take to slich T6rrit6ry any slaves lawfully held by them in an}- of the States or Territories of tlie Confederate States. 4. The Coutederate Statee shall guarantee t;e evci';^' State that now is, or hereafter may become,' a member of this Confederacy', a rcp>ublican form of government, and filr»ill protect each of them against invasioq^'and^ o?i Ap- plicatioYi of the Legislature (or, of the Executive, when the* Tegishiture ife not in session;)' a_gainst doinestjfc vio- lence. ARTICLE y. 1. Ujion the demand of any three States, ]<»gally afi^ RCmblcd in their .several Conventions, the Congrfes^ shftll Buvnmbn a ConventTon of all the 'States, to tnke int© consideration such amendments to the Constitution as 146 tXtQ snid States Rli'nll concur in 9im-*rc.^rmLr at tlic lime wjicn tlic siiiii dcinami is uiftilo; ami slioiiM any of iIk f)Oopos©nst;iti^tk>u is the succesBor of the Ih'ovisioual Qpvoi'mnent of tho Ocyj- , federate States of America, and all the laws imssctl by the lifter shaH continue jij force, until the same' shall be repealed or modifieq; sand all the Aiiioers appoiutpd .by the saiiioelmlT romain in office until their ^uceegsOTs arc appointed and qualilied, or the ofliccs aboHshedl, ; • 2. AH debts contracted and engagemc'nte entered iuto before the adoption of this Constitution. i^haU be as valid as^ainst the Confederate States, under tbis CDnstitutiou us under the J'rovisional Government. 3. This .C9nstitution and* the law^ of the Confederate States, made in pursuance thereof, and all treaties maae, or which sball be njade, under the. auth(M-ity of the C-Q.n- federat.O States, shall be the sttpre^ic J^w of tlic laiid; and tlie Judges in every State aUall.be boun.d th'crcbj, anything in the Gonstitut-ion or laws of any State to tlie contrary uotwithstan ding. 4. The Senators and Koprcsentativcs before irtontioned, and tho members of the several State Legislatures and all executive 'and judicial officers, both of the Confederate States »udof the sfe^^eral States, sliall be bouud by. oath or afRjTuatipn" to support this Constitution ; but no 147 religious test slmll ever be roquivad q,8 a qualification to any office or public trust under the Confederate ^tat?es. G. The enumeration in the Oonstithtion of certain rights shall not be construed to deny or disparage others retained by the people of the several States. G. The powers not delegated to the Confederate States by the Constitution, nor prohibited by it to the States, arc reserved to the States respectively, or to the poopje thereof. ARTICLE VII. 1. The ratification of the Cajivention of five States shrill be suflicient for the establishment of this Constitu- tion between the States so ratifying the same. 2. When five States shall have ratified this Constitu- tion in the manner a'bov'e specified, the Congress, under the Provisional ConstTtution, shall prescribe the time for holding the election of President and Vice President; and, for the meeting of tlie Electoral College; and for counting the votes and inangurtiting the President. They shall also- prescribe the time for holding the first election of Members of Congress under this Coustitutiort, and the time for assembling the same. Until the assem- bling, of such Congress, the Congress undertime Provisional Constitution shall continue to exercise the legislative powers granted thom-r'not extjen4ing beyond the time limited by the Constitution of the Provisional Govern- ment. I N^ D E X. AN ORDINANCE To (lispolve tbo Union bt'twcen the State of Alabama and oUier States united under the compact styled " The Constitution of the UnitecJ Isitates dif America." . . '.^ AN ORDINANCE r.«7ir'.v!iing Citizenship , V : AN ordinance: To change the Oath of Oftxce hi this State AN ORDINANCE. To repeal an Ordinance therein mmicd. AN ORDINANCE To provide ior the Military Defence pf tire State of Ala- bama '.' AN ORDINANOK To re-organize tlie MiJitia of the State of Alabama l . . AN ORDINANCE, To authorise Colonels of Volunteer ReginuMits lo .iiijioint their own Staii' Otliccrs 14 AN ORDINANCE Supplemental to an Ordinance entitled " an Ordinance to prt)vide for the Military Defence ol* the State of Ala- bama.^' ' ; . . . 1 ■) AN ORDINANCE Supplemental to an Ordinance to provide for the defence df Alabama 1 u 149 a:^ ordinance To provide for the, removal of the Arms and Mmiitioiis of War, at Mount Vernon, in the Slate of Alabama, to a phice or places of greater security 1(> AN ORDINANCE In relation to the Collector of the port of Mobile 17 AN ORDINANCE Supplemental to an Ordinance heretofore' passed in refer- ence to the Custom House at Mobile .• 18 AN ORDINANCE To continue the City of Selma as a Port of Entry 21 AN ORDINANCE To transfer and regulate the' Jurisdiction and Practice of the several Federal Courts within the limits of the State of Alabania 22 AN ORDINANCE In reference to the several Ordinances passed by this Con- vention in relation to Federal Affairs. 27 AN ORDINANCE To preserve the Laws of Alabama, and such Olhces, Rights and Remedies, as are consistent with the Ordinance of Secession, and with other Ordinances adopted by this Convention 2i^ AN ORDINANCE Concerning Foreign Coin , 30 AN ORDINANCE For the issuance of State. Bonds ...:...■.?.. 3D AN ORDINANCE To make Provisional Postal Arrangenaents in Alal>ama. ... 31 AN ORpINANCE Supplemental to an Ordinance to make Provisional Postal Arrangements 31 RESOLUTIONS In relation to the formation of a I'rovisional and Pei'nifK ' nent Government between the Seceding States 32 RESOLUTION In relation to the Navigation of the Miasissip])! River. .... .13 160 nEsOT.T'TloN' : In rdfltinii lo flio Afi-ican Slave Tnnlc ... M AX ORDINANCE For the purchase of Provitupos AN ORnii0 AN OHDIX^VXCE To provide for the transfer of ecrjlain troops tlierein men- tioned to the Confederate States of Ameriea AN OUDINAXCE To give efliuienay to the Ordinance of 19lU January, 1801, "to provide for tlie Military Defence of the State of AlalKiina." 38 AN ORDIXAXCK To regulate the Staff of the Major-Genernl appointed un- der the Ordinance of lath Juuuary, IbUl 39 AN ORDINANCE To provide for the sale of provisions belonging to the Stale, and for other purposes , . . . :. ' AN ORDINANCE To confer upon the (Tovcrnniont of the Confederate States ^j of Atnerieii jurisdiction over tlie Custom Uonse and 31a- M rine Hospital, at Mobile, and certain Light Houses, Lightij and Ruoys, in Mobile Ray, and for other j»nr})0- ses 40 AN ORDINANCE To transfer to the Governujent of the Confederate States of America the money in tlic hands of "the Collector at the Poi't of Mobile . .' 41 AN ORDINANCE In relation to the 2d ^'oluntet'r lleglment of Alabama, and fi»r other pur]toses 42 AN ORDINANCE To ratify and adopt the Constitution of the Confederate States of Ajiierica. . . . # 42 161 AK ORDINANCE In refet'cucc to the constfuction of all cbauges made in tiic Constitution of the State of Alabama 42 AN Ordinance To confer jurisdiction over the Forts and Arsenals in the State of Alabama upon the C^onfederate States of America 49 AN ORDINANCE To amend certain j)arts of Chapter one, of Title two, of Part two, of the Code of Alabama, eo as to place the holders of Stocks of the Confederate States of America, and of the State of Alabama, on equal footing with the holders of United States Stocks 44 AN ORDINANCE - To lay off the State of Alabama into nine Congressional \ Districts 4-^ AN ORDINANCE To restrict the Legislature in reference to the creation bf debts T 40 AN ORDINANCE To provide for the payment of interest semi-annually on tlie bonds issued under the act of the Legislature of 29th January, 1861 47 AN ORDINANCE To amend and construe an Ordinance entitled "an Ordi- nance to provide for the Military Defence of the State of Alabama," adopted January 19th, 18G1 47 AN ORDINANCE To make provision to pay a certain Military Company therein named 48 AN ORDINANCE To allow mileage to John R. Kennan and John F. Welch . . 48 AN ORDINANCE To provide for certain expenses in ])rcparing the Acts and Journals of the late (called) Session for the press, and the distribution of the same, and for other purposes. ... 49 AN ORDINANCE To provide for the printing of the Constisution of the State of Alabama ^0 162 AN ORDINANCE To provide for the euroUmeut of the Constitution of the State of Alabama "1 AN ORDINANC! In rchxtion tp cancelled Land Entries M AN ORDINANCE To make an appropriation for a certain purpose therein named o'2 AN ORDINANCE To define and explain the effect of the Ordinances adopted by tliis Convention 53 AN ORDINANCE To provide for tlie Permanent Seat of Government of the Confederate States of America within the limits of Alabama 5'< AN ORDINANCE In relaUon to the waste and unai)})ropriateil land in the State of Alabama 54-71 AN ORDINANCE In relation to the Greenville Land Oflicc 71 AN ORDINANCE In relation to Forfeited Lands 71 AN ORDINANCE To authorize and direct the Governor to rescind a contract therein ix'ferred to 72 The Constitution of tlic State of Alabama 73-1 1 2 Constitution for the Provisional Government of the Con- federate States 1 1 3-] 21". Constitution of the Confederate Sta*tes of America. . . .127-14 7 '-Jk' ^kt-VC .>S9^r ')' \ /;.3{; "^-^m