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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bama now withdraws, and is hereby withdrawn from tlie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liereby withdrawn from said (jlovernracnt, and arc hereby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 th General Assembly may
prescribe, and the faith and credit of the State to stand
j)ledgfe(} |or the punctual payment of principal and inter-
est of snch boiids.
Adopted, J auuar^- 10, 18G1.
31
No. 19.] AjN" ordinance
To make Provisional Postal Arrangements in Alabama.
Be it ordained by the people of Alabama in Convention as-
semblcd, That the postal contracts, arrangements and reg^
Illations, in force on the eleventh daj^ of Januaiy, A. D.
eighteen hundred and aixty-one,,are permitted to bo con-
tinued, and the persons charged with the duties thereof
are permitted to continue to discharge such duties until
a postal treaty, or^ treaties, shall be concluded, or until
otherwise ordered or provided by the authority of this
State.
Adopted, January 15, 1861.
No. 20.J ^ AN ORDINANCE
Supplemental to an Ordinance to make Provisional Pos-
tal Arrangements.
Be it ordained by the people of Alabama in Convention as-
sembled, That, until, such time as a Provisional or Perma-
nent Government is established, of wdiicli Alabama shall
become a member, the General Assembly of the tState of
Alabama has full power and authority to makeproviaional
postal arrangements for this State.
Adopted, January 20, 1861.
RJEii401LilJ^ri01S^.
' RESOLtTTIONS
In relatioti to the formation of a Provisional and Perma»
nent Government between the Seceding States.
licsoked, That this Convention cordially approve of
the snggestions of the Convention of the people of South
.Caroliiiii to meet tlicm in Convention at Mont<2:()niory, in
the State of Alabama, on the fourth day of February)
18G1, to frame a Provisional Government, upon the prin*
ciplcs of the Constitution of the United States, and also
to prepare and consider upon a plan for the creation and
eatahllshment of a Permanent Government for the seoed*
ingt^tatOHi, upon the same principles, which shall be sub-
mitted to CJonventions of such seceding States for adop-
tion, or rejection.
Hesvlvrd, That wc approve of the suggestion that each
State shall «end to said Convention as many Deputies as
it now hat*, or has lately had, Senators and Rc'j>rcscnta-
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
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