Constitution, how amended, &c.

continued in slavery by the laws of this state: Provided, that such person or slave be the bona fide property of such emigrants; and provided also, that laws may be passed to prohibit the introduction into this state of slaves, who have committed high crimes in other states or territories. They shall have power to pass laws to permit the owners of slaves to emancipate them, saving the rights of creditors, and preventing them from becoming a public charge. They shall have full power to prevent slaves from being brought into this state as merchandise, and also to oblige the owners of slaves to treat them with humanity, to provide for them necessary food and clothing, to abstain from all injuries to them extending to life or limb, and, in case of their neglect, or refusal to comply with the directions of such laws, to have such slave or slaves sold for the benefit of the owner or owners.

SEC. 2. In the prosecution of slaves for crimes, of a higher grade than petit larceny, the general assembly shall have no power to deprive them of an impartial trial by a petit jury.

SEC. 3. Any person who shall maliciously dismember or deprive a slave of life, shall suffer such punishment as would be inflicted in case the like offence had been committed on a free white person, and on the like proof, except in case of insurrection of such slave.

Mode of amending and revising the Constitution.

The general assembly, whenever two-thirds of each house shall deem it necessary, may propose amendments to this constitution, which proposed amendments shall be duly published in print, at least three months before the next general election of representatives, for the consideration of the people, and it shall be the duty of the several returning officers, at the next general election which shall be held for representatives, to open a poll for, and make a return to the secretary of state for the time being, of the names of all those voting for representatives, who have voted on such proposed amendments, and if thereupon it shall appear that a majority of all the citizens of this state, voting for representatives, have voted in favor of such proposed amendments, and two-thirds of each house of the next general assembly shall, after such an election, and before another, ratify the same amendments by yeas and nays, they shall be valid, to all intents and purposes, as parts of this constitution: Provided, that the said proposed amendments shall, at each of the said sessions, have been read three times, on three several days, in each house.

Change of government

contracts.

SCHEDULE.

SEC. 1. That no inconvenience may arise from a change of territonot to affect rial to a permanent state government, it is declared that all rights, actions, prosecutions, claims, and contracts, as well of individuals as of bodies corporate, shall continue as if no such change had taken place and all process which shall, before the third Monday in September next, be issued in the name of the Alabama territory, shall be as valid as if issued in the name of the state.

Fines, &c. accrue to the state.

Bonds and

criminal actions, how

SEC. 2. All fines, penalties, forfeitures, and escheats accruing to the Alabama territory, shall accrue to the use of the state.

SEC. 3. The validity of all bonds and recognizances, executed to the governor of the Alabama territory, shall not be impaired by the change prosecuted. of government, but may be sued for and recovered in the name of the

governor of the state of Alabama and his successors in office: and all criminal or penal actions arising or now depending within the limits of this state, shall be prosecuted to judgment and execution in the name of said state, all causes of action arising to individuals, and all suits at law or in equity, now depending in the several courts within the limits of this state, and not already barred by law, may be commenced in, or transferred to, such courts as may have jurisdiction thereof.

officers con

SEC. 4. All officers, civil or military, now holding commissions un- Territorial der the authority of the United States or of the Alabama territory, tinued until within this state, shall continue to hold and exercise their respective superseded. offices under the authority of this state, until they shall be superseded under the authority of this constitution, and shall receive from the treasury of this state the same compensation which they heretofore received, in proportion to the time they shall be so employed. The governor shall have power to fill vacancies by commissions, to expire so soon as elections or appointments can be made to such offices by authority of this constitution.

continued.

SEC. 5. All laws and parts of laws, now in force in the Alabama ter- What laws ritory, which are not repugnant to the provisions of this constitution, shall continue and remain in force as the laws of this state, until they expire by their own limitation, or shall be altered, or repealed, by the legislature thereof.

ters.

SEC. 6. Every white male person above the age of twenty-one Qualificayears, who shall be a citizen of the United States, and resident in this tion of vo state at the time of the adoption of this constitution, shall be deemed a qualified elector at the first election to be holden in this state. And Citizens. every white male person who shall reside within the limits of this state at the time of the adoption of this constitution, and shall be otherwise qualified, shall be entitled to hold any office or place of honor, trust, or profit, under this state; anything in this constitution to the contrary notwithstanding.

issue writs of election.

SEC. 7. The president of this convention shall issue writs of elec- President to tion directed to the sheriffs of the several counties, requiring them to cause an election to be held for a governor, representative to the congress of the United States, members of the general assembly, clerks of the several courts, and sheriffs of the respective counties, at the respective places of election in said counties, on the third Monday and the day following in September next, which elections shall be conducted in the manner prescribed by the existing election laws of the Alabama territory; and the said governor and members of the general assembly, then duly elected, shall continue to discharge the duties of their respective offices, for the time prescribed by this constitution, and until their successors shall be duly qualified.

ment of representation.

SEC. 8. Until the first enumeration shall be made, as directed by Apportionthis constitution, the county of Autauga shall be entitled to two representatives; the county of Baldwin to one representative; the county of Blount to three representatives; the county of Cahawba to one representative; the county of Clarke to two representatives; the county of Conecuh to two representatives; the county of Cotaco to two representatives; the county of Dallas to two representatives; the county of Franklin to two representatives; the county of Lauderdale to two representatives; the county of Lawrence to two representatives; the county of Limestone to three representatives; the county of Madison to eight representatives; the county of Marengo to one representative; the county of Marion to one representative; the county of Monroe to five representatives; the county of Montgomery to three representatives; the county of Mobile to one representative; the

Oaths of office, by

whom admi

nistered.

county of St. Clair to one representative; the county of Shelby to two representatives; the county of Tuskaloosa to three representatives; and the county of Washington to two representatives. And each county shall be entitled to one senator, who shall serve for one

term.

SEC. 9. The oaths of office, herein directed to be taken, may be administered by any justice of the peace, until the general assembly shall otherwise direct.

Convention accept the

the act of congress ad

state into the

Union.

ORDINANCE.

THIS Convention, for and in behalf of the people inhabiting this conditions of state, do accept the propositions offered by the act of Congress, under which they are assembled; and this convention, for and in behalf of mitting the the people inhabiting this state, do ordain, agree, and declare, that they for ever disclaim all right and title to the waste or unappropriated lands lying within this state; and that the same shall be and remain at the sole and entire disposition of the United States, and, moreover, that each and every tract of land, sold by the United States after the first day of September next, shall be and remain exempt from any tax, laid by the order or under the authority of this state, whether for state, county, township, parish, or any other purpose whatsoever, for the term of five years from and after the respective days of sales thereof, and that the lands belonging to the citizens of the United States, residing out of the limits of this state, shall never be taxed higher than the lands belonging to persons residing therein, and that no tax shall be imposed on lands the property of the United States; and that all navigable waters within this state shall for ever remain public highways, free to the citizens of this state and of the United States, without any tax, duty, impost, or toll therefor, imposed by this state and this ordinance is hereby declared irrevocable, without the consent of the United States.

Done in convention at Huntsville, this second day of August, in the year of our Lord one thousand eight hundred and nineteen, and of American Independence the forty-fourth.

Attest,

JOHN CAMPBELL, Secretary.

J. W. WALKER, President of the Convention.

Preamble.

AMENDMENT TO THE CONSTITUTION, ADOPTED JANUARY 16, 1830.

Joint Resolution ratifying the proposed amendments to the Constitution of the State of Alabama, so as to limit the tenure of the Judges offices to six years.

WHEREAS, the general assembly of this state, at the last session of the same, duly submitted to the people of the said state, a proposed amendment to the constitution of the said state; and whereas the peo

ple of this state, in the manner and form as provided by the constitution of this state, have accepted the said amendment, which is in the words and figures following:

proposed

of service.

Be it resolved by the senate and house of representatives of the Recital of state of Alabama in general assembly convened, That the following amendment. amendments to the constitution of the state of Alabama, be proposed to the people of said state, which, when agreed to by a majority of all the citizens of said state, voting for representatives, and ratified by two-thirds of each house of the next general assembly, voting by yeas and nays, shall be valid to all intents and purposes whatever, as a part of the constitution of the state of Alabama, to wit: Strike out the thirteenth section of the fifth article, and insert in lieu thereof the following: "The judges of the several courts of this state shall hold Judges' term their offices for the term of six years; and for wilful neglect of duty, or other reasonable cause, which shall not be sufficient ground for im- How remov peachment, the governor shall remove any of them on the address of ed. two-thirds of each house of the general assembly: Provided, how- Proviso. ever, that the cause or causes for which such removal shall be required, shall be stated at length in such address, and entered on the journals of each house: And provided further, That the cause or causes shall be notified to the judge so intended to be removed, and he shall be admitted to a hearing in his own defence, before any vote for such address shall pass; and in all such cases the vote shall be taken by yeas and nays, and entered on the journals of each house respectively: And provided also, that the judges now in office may hold their of Further profices until the session of the general assembly which shall be held in the year one thousand eight hundred and thirty-three, and until their successors shall be elected and qualified, unless removed by address or impeachment:"

viso.

Therefore, Be it resolved by the senate and house of representa- Ratification. tives of the state of Alabama in general assembly convened, Twothirds of each house concurring, that the aforesaid amendment to the constitution, proposed as aforesaid, and accepted by the people as aforesaid, be ratified, and that the same, from and after the passage of this resolution, be and form a part of the constitution of the state of Alabama.

JOHN GAYLE,

Speaker of the House of Representatives.

LEVIN POWELL,

President of the Senate.

A LIST

OF

THE ACTS OF CONGRESS INCLUDED IN THIS DIGEST.

An Act for an amicable settlement of limits with the state of Georgia, and authorizing the establishment of a government in the Mississippi Territory.-April 7, 1798.

An Act supplementary to an act, entitled "An Act regulating the grants of land, and providing for the disposal of the lands of the United States, south of the state of Tennessee.”—March 27, 1804.

An Act to enlarge the boundaries of the Mississippi Territory.-May 14, 1812. An Act to establish a separate territorial government for the eastern part of the Mississippi Territory.-March 3, 1817.

An Act to enable the people of the Alabama Territory to form a constitution and state government; and for the admission of such state into the Union on an equal footing with the original states.-March 2, 1819.