5. No bank shall commence operations until 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.

6. In case any bank or branch bank shall 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 same shall be paid, or specie payments are resumed, by said bank, at the rate of twelve per cent. per annum from the date of such demand, unless the general assembly shall sanction such suspension of specie payments, and the general assembly shall have power, after such neglect or refusal, to adopt such measures as they may deem proper, to protect and secure the rights of all concerned, and to declare the charter of such bank forfeited.

7. After the establishment of a general state bank, the banks Other banks of this state now existing may be admitted as branches thereof, may be admitupon such terms as the legislature and the said banks may agree, subject, nevertheless, to the preceding rules.

Slaves.

ted branches.

SEC. 1. The general assembly shall have no power to pass Regulation of laws for the emancipation of slaves, without the consent of their slaves. owners, or without paying their owners, previous to such emancipation, a full equivalent in money for the slaves so emancipated. They shall have no power to prevent emigrants to this state from bringing with them such persons as are deemed slaves by the laws of any one of the United States, so long as any person of the same age or description shall be 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 merchandize, 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.

affect contracts

SCHEDULE.

Change of gov- Sec. 1. That no inconvenience may arise from a change of terernment, not to ritorial 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 cri

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, execu<minal actions, ted to the governor of the Alabama territory, shall not be imhow prosecuted paired by the change 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.

Territorial officera continued until superse

ded.

3

Sec. 4. All officers, civil or military, now holding commissions under the authority of the United States or of the Alabama territory, within this state, shall continue to hold and exercise their respective 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 as soon as elections or appointments can be made to such offices by authority of this constitution.

What laws con

tinued:

voters.

Sec. 5. All laws and parts of laws, now in force in the Alabama territory, 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. Sec. 6. Every white male above the person age of twenty- Qualification of one years, who shall be a citizen of the United States, and resident in this 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 white male every who shall person side 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; any thing in this constitution to the contrary notwithstanding.

re

Citizens.

issue writs of election.

Sec. 7. The president of this convention shall issue writs of President to election directed to the sheriffs of the several counties requiring them to cause an election to be held for a governor, represen tative 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.

tion.

Sec. 8. Until the first enumeration shall be made, as directed Apportionmen by this constitution, the county of Autauga shall be entitled to of representat two representatives; the county of Baldwin to one representative, the county of Blount to three representatives; the coun"ty 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 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 Oaths of office, be administered by any justice of the peace, until the general by whom ad assembly shall otherwise direct.

ministered.

Convention ac

tion of the act

of congress ad

mitting the state into the

Union.

ORDINANCE.

THIS Convention, for and in behalf of the people inhabiting cept the condi- this state, do accept the propositions offered by the act of Congress, under which they are assembled; and this convention for and in behalf of the people inhabiting this state, do ordain, agree, and declare, that they forever 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 forever 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.

J. W. WALKER, President of the Convention.

Attest:

JOHN CAMPBELL, Secretary.

Preamble.

Recital of pro

ment.

AMENDMENT TO THE CONSTITUTION, ADOPTED JANUARY, 16TH, 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 people 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:

Be it resolved by the senate and house of representatives of posed amend the state of Alabama, in general assembly convened, That the following amendments to the constitution of the state of Alabama, be proposed to the people of said state, which, when

service.

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 Judges' term of hold 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 impeachment, the governor shall remove any How removed. of them on the address of two-thirds of each house of the general assembly: Provided, however, that the cause or causes for Proviso. 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 Further provimay hold their offices until the session of the general assembly which shall be held in the year one thousand eight hundrd and thirty-three, and until their successors shall be elected and qualified, unless removed by address or impeachment."

Therefore, be it resolved by the senate and house of represen- Ratification. tatives of the state of Alabama, in general assembly convened, Two-thirds 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.