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SEC. 18. Each house shall keep a journal of its proceedings, Journal of proand cause the same to be published immediately after its ad- ceedings. journment, excepting such parts as, in its judgment, may require secrecy; and the yeas and nays of the members of either Yeas and nays. house, on any question, shall, at the desire of any two memhers 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.

SEC. 19. Senators and representatives shall, in all cases, ex- Privileged eept treason, felony, or breach of the peace, be privileged from from arrest, arrest during the session of the general assembly, and in going &c. 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 any thing spoken in debate in either house, in any court or place elsewhere.

Vacancies how filled.

Doors kept open except when.

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

by consent.

SEC. 23. Bills may originate in either house, and be amend- Bills, how to ed, altered, or rejected, by the other; but no bill shall have the originate, &c. 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.

SEC. 24. Each member of the general assembly shall receive Compensation from the public treasury such compensation for his services as of members. may be fixed by law; but no increase of compensation shall

take effect during the session at which such increase shall have been made.

Members not

SEC. 25. No senator or representative shall, during the term eligible to of for which he shall have been elected, be appointed to any civil fice. office of 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.

SEC. 26. No person holding any lucrative office under the United States, (the office of postmaster excepted,) in this state, or any other power, shall be eligible to the general assembly; provided, that offices 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.

What offices disqualify persons from being members.

Public default

SEC. 27. No person who may hereafter be a collector or ers disqualified holder of public moneys shall have a seat in either house of the general assembly, 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.

First election, when held.

First session, when and where' held. Subsequent session.

seat of

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

SEC. 29. The first session of the general assembly shall commence 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 the end of the first session of the general assembly to be held in the year one thousand eight hundred and Removal of twenty-five; during that session the general assembly shall have to designate by law (to which the executive concurpower governrence 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.

ment.

ARTICLE IV.

Executive Department.

Vested in a go

vernor.

Governor how elected.

Returns how made.

Votes how counted.

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

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

SEC. 3. The returns of every election for governor shall be sealed 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 session, open and publish them in presence of both houses of the general assembly. The person having the highest number of votes shall be governor, but if two or more shall be equal and highest in votes, one of them shall be chosen governor by the joint vote of both houses.Contested elections for governor shall be determined by both Contested elec- houses of the general assembly in such manner as shall be prescribed by law.

Pleurality to
elect.
Tie.

tions.

Term of service.

Qualifications.

Compensation.

SEC. 4. The governor shall hold his office for the term of two from the time of his installation, and until his successor years 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 Commander of navy of this state, and of the militia thereof, except when they militia, &c. 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.

information of

cers.

SEC. 7. He may require information in writing from the offi- May require cers of the executive department, on any subject relating to the executive offiduties of their respective offices. SEC. 8. He may, by proclamation, on extraordinary occa- Convening and sions, convene the general assembly at the seat of government, adjourning general assembly 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 assem- Give informably information of the state of the government, and recommend tion to general to their consideration such measures as he may deem expedient. assembly.

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

laws.

ted. SEC. 11. In all criminal and penal cases, except in those of His powers in criminal cases. treason 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.

SEC. 12. There shall be a seal of this state, which shall be Seal. 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.

Commissions.

duties.

SEC. 14. There shall be a secretary of state appointed by Secretary of joint vote of both houses of the general assembly; who shall State, his apcontinue in office during the term of two years. He shall keep pointment and 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.

SEC. 15. Vacancies that may happen in offices, the appoint- Vacancies how ment to which is vested in the general assembly, shall be filled filled. by the governor, during the recess of the general assembly, by granting commissions, which shall expire at the end of the

next session.

powers and du

SEC. 16. Every bill which shall have passed both houses of Governor's the general assembly, shall be presented to the governor; if he approve he shall sign it, but if not, he shall return it with ty in relation his objections, to the house in which it shall have originated, to bills. 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

Joint resolu

tions to be

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,

SEC. 17. Every order, resolution, or vote, to which the concurrence of both houses may be necessary, except on questions passed as bills. of adjournment, shall be presented to the governor, and before it shall take effect, be approved by him, or being disapproved, shall be repassed by both houses, according to the rules and limitations prescribed in the cases of a bill.

SEC. 18. In case of the impeachment of the governor, his Proceedings on impeachment, removal from office, death, refusal to qualify, resignation, or &c. of govern'r absence from the state, the President of the senate shall exercise all the power and authority 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.

Who to admin

ernment.

SEC. 19. If, during the vacancy of the office of governor, ister the gov- the president 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 government.

Compensation.

Governor,

SEC. 20. The president of the senate and speaker of the house of 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.

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

Govern'r not to

SEC. 22. No person shall hold the office of governor, and any hold any office. other office or commission, civil or military, either in this state, or under any state, or the United States, or any other power, at one and the same time.

Treasurer and Comptroller, how elected.

Sheriff, how

SEC. 23. A state treasurer, and a comptroller of public accounts shall be annually elected by a joint vote of both houses of the general assembly.

SEC. 24. A sheriff shall be elected in each county by the elected; term of qualified electors thereof, who shall hold his office for the term service and of three years, unless sooner removed, and who shall not be qualification. Vacancies,how eligible to serve either as principal or deputy for the three succeeding years. Should a vacancy 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

filled.

electors, and the sheriff then elected shall continue in office three years.

Militia

SEC. 1. The general assembly shall provide by law for orga- Militia how ornizing and disciplining the militia of this state, in such ganized.

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 Who excused. arms shall not be compelled to do so, but shall pay an equiva

lent for personal service.

SEC. 3. The governor shall have power to call forth the mili- Governor may tia to execute the laws of the state, to suppress insurrections, call forth. and repel invasions.

Proviso.

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

SEC. 5. The governor shall appoint his aids-de-camp; majors Aids, &c., how general, their aids-de-camp, and all other division and staff appointed. officers; brigadiers general shall appoint their aids, and all other brigade staff officers; and colonels shall appoint their regimen

tal staff officers.

SEC. 6. The general assembly shall fix by law the method of General assemdividing the militia into divisions, brigades, regiments, battal- bly to divide lions and companies: and shall fix the rank of all staff officers, militia, and fix

rank of staff.

ARTICLE V.

Judicial Department.

SEC. 1. The judicial power of this state shall be vested in one Judicial power supreme court, circuit courts to be held in each county in the where vested. 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, ordian, and establish.

SEC, 2. The supreme court, except in cases otherwise di- Powers of the rected by this constitution, shall have appellate jurisdiction only, supreme court. which shall be co-extensive 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.

SEC. 3. Until the general assembly shall otherwise prescribe, Who to be judthe powers of the supreme court shall be vested in, and its du- ges of the suties shall be performed by, the judges of the several circuit preme court. 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 su- Proviso. preme court shall be appointed before the commencement of

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