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House of representa. tives to

ally chosen thereafter, and a rotation thereby kept up perpetually. Such mode of classifying new additional senators shall be observed as will, as nearly as possible, preserve an equality of members in each class.

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SEC. 14. The house of representatives, when assembled, shall choose a speaker, and its other officers; and the senate shall, annually, choose a president, and its other officers; each house shall judge of the qualifications, elections, and returns, of its own members: but choose a pre- a contested election shall be determined in such manner as shall be To judge, &c. directed by law.

choose a speaker. Senate to

sident.

Contested

elections.

Quorum.

Absent members.

Rules.

for contempt.

SEC. 15. A majority of each house shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner, and under such penalties, as each house may provide.

SEC. 16. Each house may determine the rules of its own proceedings, punish members for disorderly behavior, and, with the consent of two-thirds, expel a member; but not a second time for the same cause; and shall have all other powers necessary for a branch of the legislature of a free and independent state.

Punishment SEC. 17. Each house, during the session, may punish, by imprisonment, any person, not a member, for disrespectful or disorderly behavior in its presence, or for obstructing any of its proceedings; provided, that such imprisonment shall not, at any one time, exceed forty-eight hours.

Journal of

Yeas and nays.

SEC. 18. Each house shall keep a journal of its proceedings, and proceedings. cause the same to be published immediately after its adjournment, excepting such parts as, in its judgment, may require secrecy; and the yeas and nays of the members of either house, on any question, shall, at the desire of any two members present, be entered on the journals. Any member of either house shall have liberty to dissent from or protest against any act or resolution which he may think injurious to the public or an individual, and have the reasons of his dissent entered on the journals.

Protest.

Privileged

from arrest, &c.

Vacancies, how filled.

Doors kept

SEC. 19. Senators and representatives shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest during the session of the general assembly, and in going to and returning from the same; allowing one day for every twenty miles such member may reside from the place at which the general assembly is convened; nor shall any member be liable to answer for anything spoken in debate in either house, in any court or place elsewhere.

SEC. 20. When vacancies happen in either house, the governor, or the person exercising the powers of the governor, shall issue writs of election to fill such vacancies.

SEC. 21. The doors of each house shall be open, except on such open, except occasions as, in the opinion of the house, may require secrecy.

when.

Adjourn. ment by con. sent.

Bills, how to
originate,
&c.

SEC. 22. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which they may be sitting.

SEC. 23. Bills may originate in either house, and be amended, altered, or rejected, by the other; but no bill shall have the force of a law until on three several days it be read in each house, and free discussion be allowed thereon, unless, in cases of urgency, four-fifths of the house in which the bill shall be depending may deem it expedient to dispense with this rule: and every bill, having passed both houses, shall be signed by the speaker and president of their respective houses; provided, that all bills for raising revenue shall originate in

the house of representatives, but the senate may amend or reject them as other bills.

tion of mem

SEC. 24. Each member of the general assembly shall receive from Compensa the public treasury such compensation for his services as may be fixed bers. by law; but no increase of compensation shall take effect during the session at which such increase shall have been made.

office.

SEC. 25. No senator or representative shall, during the term for Members not which he shall have been elected, be appointed to any civil office of eligible to profit under this state, which shall have been created, or the emoluments of which shall have been increased, during such term; except such offices as may be filled by elections by the people.

persons from

SEC. 26. No person holding any lucrative office under the United What offices States, (the office of postmaster excepted,) in this state, or any other disqualify power, shall be eligible to the general assembly; provided, that offices being mem in the militia to which there is attached no annual salary, or the office of justice of the peace, or that of the quorum or county court, while it has no salary, shall not be deemed lucrative.

bers.

faulters dis

SEC. 27. No person who may hereafter be a collector or holder of Public de public moneys shall have a seat in either house of the general assem-qualified. bly, or be eligible to any office of trust or profit under this state, until he shall have accounted for, and paid into the treasury, all sums for which he may be accountable.

SEC. 28. The first election for senators and representatives shall be First elec general throughout the state; and shall be held on the third Monday tion, when and Tuesday in September next.

held.

when and where held. session.

seat of go

SEC. 29. The first session of the general assembly shall commence First session, on the fourth Monday in October next, and be held at the town of Huntsville, and all subsequent sessions at the town of Cahawba, until Subsequent the end of the first session of the general assembly to be held in the year one thousand eight hundred and twenty-five; during that session Removal of the general assembly shall have power to designate by law (to which vernment. the executive concurrence shall not be required) the permanent seat of government, which shall not thereafter be changed; provided, however, that unless such designation be then made by law, the government shall continue permanently at the town of Cahawba; and provided also, that the general assembly shall make no appropriations previous to the year one thousand eight hundred and twenty-five, for the building of any other state-house than that now provided for by law.

ARTICLE IV.

Executive Department.

SEC. 1. The supreme executive power of this state shall be vested Vested in a in a chief magistrate, who shall be styled the governor of the state of governor. Alabama.

how elected.

SEC. 2. The governor shall be elected by the qualified electors at Governor, the time and places when they shall respectively vote for representatives.

how made.

counted.

SEC. 3. The returns of every election for governor shall be sealed Returns, up, and transmitted to the seat of government, directed to the speaker of the house of representatives, who shall, during the first week of the Votes, how session, open and publish them in presence of both houses of the general assembly. The person having the highest number of votes shall Plurality to be governor, but if two or more shall be equal and highest in votes, T one of them shall be chosen governor by the joint vote of both houses.

elect.

Contested elections.

Term of ser

vice.

Qualifications.

Compensa. tion.

Commander of militia,

&c.

May require information

Contested elections for governor shall be determined by both houses of the general assembly, in such manner as shall be prescribed by law.

SEC. 4. The governor shall hold his office for the term of two years from the time of his installation, and until his successor shall be duly qualified, but shall not be eligible for more than four years in any term of six years; he shall be at least thirty years of age, shall be a native citizen of the United States, and shall have resided in this state at least four years next preceding the day of his election.

SEC. 5. He shall at stated times, receive a compensation for his services, which shall not be increased or diminished during the term for which he shall have been elected.

SEC. 6. He shall be commander in chief of the army and navy of this state, and of the militia thereof, except when they shall be called into the service of the United States. And when acting in the service of the United States, the general assembly shall fix his rank.

SEC. 7. He may require information in writing from the officers of of executive the executive department, on any subject relating to the duties of their officers. respective offices.

Convening

and adjourn

assembly.

SEC. 8. He may, by proclamation, on extraordinary occasions, coning general vene the general assembly at the seat of government, or at a different place, if that shall have become, since their last adjournment, dangerous from an enemy, or from contagious disorders; in case of disagreement between the two houses, with respect to the time of adjournment, 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 general as information of the state of the government, and recommend to their consideration such measures as he may deem expedient.

Give infor

mation to

sembly.

Execution of SEC. 10. He shall take care that the laws be faithfully executed.

laws.

His powers

cases.

SEC. 11. In all criminal and penal cases, except in those of treason in criminal and impeachment, he shall have power to grant reprieves and pardons, and remit fines and forfeitures, under such rules and regulations as shall be prescribed by law. In cases of treason he shall have power, by and with the advice and consent of the senate, to grant reprieves and pardons; and he may, in the recess of the senate, respite the sentence until the end of the next session of the general assembly.

Seal.

Commissions.

Secretary of

pointment

SEC. 12. There shall be a seal of this state, which shall be kept by the governor, and used by him officially, and the present seal of the territory shall be the seal of the state, until otherwise directed by the general assembly.

SEC. 13. All commissions shall be in the name, and by the authority of the state of Alabama, be sealed with the state seal, signed by the governor, and attested by the secretary of state.

SEC. 14. There shall be a secretary of state appointed by joint vote state, hisap of both houses of the general assembly, who shall continue in office and duties. during the term of two years. He shall keep a fair register of all official acts and proceedings of the governor, and shall, when required, lay the same, and all papers, minutes, and vouchers relative thereto, before the general assembly; and shall perform such other duties as may be required of him by law.

Vacancies, how filled.

Governor's powers and

SEC. 15. Vacancies that may happen in offices, the appointment to which is vested in the general assembly, shall be filled by the governor, during the 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 both houses of the duty in rela- general assembly, shall be presented to the governor: if he approve, tion to bills. he shall sign it, but if not, he shall return it with his objections, to

the house in which it shall have originated, who shall enter the objections at large 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 reconsidered; if approved by a majority of the whole number elected to that house, it shall become a law: but in such cases, the votes of both houses shall be determined by yeas and nays, and the names of the members voting for or against the bill shall be entered on the journals of each house respectively: if any bill shall not be returned by the governor within five days, Sundays excepted, after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the general assembly, by their adjournment, prevent its return, in which case it shall not be a law.

passed as

SEC. 17. Every order, resolution, or vote, to which the concur- Joint resolu rence of both houses may be necessary, except on questions of ad- tions to be journment, shall be presented to the governor, and, before it shall take bills. effect, be approved by him, or being disapproved, shall be repassed by both houses, according to the rules and limitations prescribed in the cases of a bill.

on impeach

SEC. 18. In case of the impeachment of the governor, his removal Proceedings from office, death, refusal to qualify, resignation, or absence from the ment, &c. of state, the president of the senate shall exercise all the power and au- governor. thority appertaining to the office of governor, until the time pointed out by this constitution for the election of governor shall arrive, unless the general assembly shall provide by law for the election of a governor to fill such vacancy, or until the governor absent or impeached shall return or be acquitted.

minister the government.

SEC. 19. If, during the vacancy of the office of governor, the pres- Who to adident of the senate shall be impeached, removed from office, refuse to qualify, resign, die, or be absent from the state, the speaker of the house of representatives shall in like manner administer the govern

ment.

tion.

SEC. 20. The president of the senate and speaker of the house of Compensa representatives, during the time they respectively administer the government, shall receive the same compensation which the governor would have received, had he been employed in the duties of his office.

where to re

SEC. 21. The governor shall always reside, during the session of Governor, the general assembly, at the place where their session may be held, side. and at all other times, wherever, in their opinion, public good may require.

to hold any

SEC. 22. No person shall hold the office of governor, and any other Governor not office or commission, civil or military, either in this state, or under office. any state, or the United States, or any other power, at one and the same time.

and comp

troller, how

elected.

elected; term

cation.

SEC. 23. A state treasurer and a comptroller of public accounts Treasurer shall be annually elected, by joint vote of both houses of the general assembly. SEC. 24. A sheriff shall be elected in each county by the qualified Sheriff, how electors thereof, who shall hold his office for the term of three years, of service unless sooner removed, and who shall not be eligible to serve either and qualifias principal or deputy for the three succeeding years. Should a va- Vacancies, cancy occur subsequent to an election, it shall be filled by the governor, as in other cases, and the person so appointed shall continue in office until the next general election, when such vacancy shall be filled by the qualified electors, and the sheriff then elected shall continue in office for three years.

how filled.

Militia, how organized.

Who excus

ed.

Governor may call forth.

Officers, how

elected. Proviso.

Aids, &c.

ed.

General as

sembly to di

Militia.

SEC. 1. The general assembly shall provide by law for organizing and disciplining the militia of this state, in such manner as they shall deem expedient, not incompatible with the constitution and laws of the United States in relation thereto.

SEC. 2. Any person who conscientiously scruples to bear arms shall not be compelled to do so, but shall pay an equivalent for personal service.

SEC. 3. The governor shall have power to call forth the militia to execute the laws of the state, to suppress insurrections, and repel invasions.

SEC. 4. All officers of the militia shall be elected or appointed in such manner as may be prescribed by law: Provided, that the general assembly shall not make any such elections or appointments, other than those of adjutants general, and quarter-masters general.

SEC. 5. The governor shall appoint his aids-de-camp; majors general, their aids-de-camp, and all other division and staff officers; brigadiers general shall appoint their aids, and all other brigade staff officers; and colonels shall appoint their regimental staff officers.

SEC. 6. The general assembly shall fix by law the method of divide militia, viding the militia into divisions, brigades, regiments, battalions, and and fix rank companies and shall fix the rank of all staff officers.

of staff.

Judicial power,

ed.

ARTICLE V.

Judicial Department.

SEC. 1. The judicial power of this state shall be vested in one where'vest supreme court, circuit courts to be held in each county in the state, and such inferior courts of law and equity, to consist of not more than five members, as the general assembly may, from time to time, direct, ordain, and establish.

Powers of

court.

SEC. 2. The supreme court, except in cases otherwise directed by the supreme this constitution, shall have appellate jurisdiction only, which shall be coextensive with the state, under such restrictions and regulations, not repugnant to this constitution, as may from time to time be prescribed by law: Provided, that the supreme court shall have power to issue writs of injunction, mandamus, quo warranto, habeas corpus, and such other remedial and original writs as may be necessary to give it a general superintendence and control of inferior jurisdictions.

Who to be

judges of su

Proviso.

SEC. 3. Until the general assembly shall otherwise prescribe, the preme court. powers of the supreme court shall be vested in, and its duties shall be performed by, the judges of the several circuit courts within this state and they, or a majority of them, shall hold such sessions of the supreme court, and at such times as may be directed by law: Provided, that no judge of the supreme court shall be appointed before the commencement of the first session of the general assembly, which shall be begun and held after the first day of January, in the year one thousand eight hundred and twenty-five.

Supreme

court, where holden.

SEC. 4. The supreme court shall be holden at the seat of government, but may adjourn to a different place, if that shall have become dangerous from an enemy or from disease.

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