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AMENDMENT TO CONSTITUTION OF 1846.*

After paying the said expenses of collection, superintendence and repairs of the canals, and the sums appropriated by the first and second sections of this article, there shall be appropriated and set apart in each fiscal year, out of the surplus revenues of the canals, as a sinking fund, a sum sufficient to pay the interest as it falls due, and extinguish the principal within eighteen years, of any loan made under this section; and if the said sinking fund shall not be sufficient to redeem any part of the principal at the stipulated times of payment, or to pay any part of the interest of such loans as stipulated, the means to satisfy any such deficiency shall be procured on the credit of the said sinking fund. After complying with the foregoing provisions, there shall be paid annually out of said revenues, into the treasury of the State, two hundred thousand dollars, to defray the necessary expenses of government. The remainder shall, in each fiscal year, be applied to meet the appropriations for the enlargement and completion of the canals mentioned in this section, until the said canals shall be completed. In each fiscal year thereafter the remainder shall be disposed of in such manner as the Legislature may direct; but shall at no time be anticipated or pledged for more than one year in advance. The Legislature shall annually, during the next four years, appropriate to the enlargement of the Erie, the Oswego, the Cayuga and Seneca canals, and to the completion of the Black River and Genesee Valley canals, and for the enlargement of the locks of the Champlain canal, whenever from dilapidation or decay it shall be necessary to rebuild them, a sum not exceeding two millions two hundred and fifty thousand dollars. The remainder of the revenues of the canals, for the current fiscal year in which such appropriation is made, shall be applied to meet such appropriation; and if the same shall be deemed insufficient, the Legislature shall, at the same session, provide for the deficiency by loan. The Legislature shall also borrow one million and five hundred thousand dollars, to refund to the holders of the canal revenue certificates issued under the provisions of chapter four hundred and eighty five of the laws of the year one thousand eight hundred and fifty-one, the amount received into the treasury thereon; but no interest, to accrue after July first, one thousand eight hundred and fifty-five, shall be paid on such certificates. The provisions of section twelve of this article, requiring every law for borrowing money to be submitted to the people, shall not apply to the loans authorized by this section. No part of the revenues of the canals, or of the funds borrowed under this section, shall be paid or applied upon in consequence of any alleged contract made under chapter four hundred and

* This amendment was proposed by the Legislature in 1853, referred to the Legislature of 1854, agreed to by two-thirds of the members elected to each House, submitted to the people, and approved and ratified at an election held on the 14th day of February, 1854, by a vote of 185,771 to 60,526.

An amendment, introduced in 1864, relating to the right of soldiers to vote while in the military or naval service of the United States, is embodied in the text, on page 50.

eighty-five of the laws of the year one thousand eight hundred and fifty-one, except to pay for work done or materials furnished prior to the first day of June, one thousand eight hundred and fifty-two. The rates of toll on persons and property transported on the canals shall not be reduced below those for the year one thousand eight hundred and fiftytwo except by the Canal Board with the concurrence of the Legislature. All contracts for work or materials on any canal shall be made with the person who shall offer to do or provide the same at the lowest price, with adequate security for their performance.

CONSTITUTION OF ALABAMA. 1865.*

AS REVISED AND AMENDED BY THE CONVENTION ASSEMBLED AT MONTGOMERY, ON THE TWELFTH DAY OF SEPTEMBER, A. D. 1865.

PREAMBLE.

WE, the people of the State of Alabama, by our representatives in Convention assembled; in order to establish justice, insure domestic tranquillity, provide for the common defense, promote the welfare, and secure to ourselves and to our posterity the rights of life, liberty and property; invoking the favor and guidance of Almighty God, do ordain and establish the following Constitution and form of government for the State of Alabama-that is to say:

ARTICLE I.

DECLARATION OF RIGHTS.

That the general, great and essential principles of liberty and free government may be recognized and established, we declare

SECTION 1. That no man, and no set of men, are entitled to exclusive, separate public emoluments or privileges, but in consideration of public services.

§ 2. That all political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit; and that, therefore, they have at all times an inalienable and indefeasible right to alter, reform or abolish their form of government in such manner as they may deem expedient.

§ 3 That no person within this State shall, upon any pretense whatever, be deprived of the inestimable privilege of worshiping God in the manner most agreeable to his own conscience; nor be hurt, molested, or restrained in his religious profession, sentiments or persuasions, provided he does not disturb others in their religious worship.

§ 4. That no religion shall be established by law; that no preference shall be given by law to any religious sect, society, denomination, or mode of worship; that no one shall be compelled by law to attend any place of worship, nor to pay any tithes, taxes, or other rate, for building or repairing any place of worship, or for maintaining any minister or ministry; that no religious test shall be required as a qualification to any office or public trust under this State; and that the civil rights, privileges, and capacities, of any citizen shall not be in any manner affected by his religious principles.

§ 5. That every citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that liberty.

§ 6. That the people shall be secure in their persons, houses, papers and possessions, from unreasonable seizures or searches; and that no warrant shall issue to search any place, or to seize any person or thing, without describing them as nearly as may be, nor without probable cause, supported by oath or affirmation.

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*Formed from the Territory of South Carolina and Georgia, and for a time included in "Mississippi Territory." By an act of Congress, passed May 2, 1819, the inhabitants were enabled to form a Constitution and State government, for admission into the Federal Union. A Constitution was adopted at Huntsville, on the Second Monday of August, 1819, and the State was admitted on the 14th of December of that year. An ordinance of pretended secession from the United States, was passed by a Convention held at Montgomery on the 11th of January, 1861. and on the 25th of September, 1865, this was declared null and void. The Convention that adopted the above Constitution, was elected August 31, 1865. It met at Montgomery, September 12th, 1865; its labors were ended on the 30th of the same month. This Convention passed fifty-two ordinances, most of which relate to the current business of their body, or to the peculiar circumstances of the State at that time. The most important were as follows:

No. 6. Declaring that slavery was destroyed, and affirming the duty of the Legislature to pass laws for the protection of freedmen..

Nos. 13, 14. Nullifying all the ordinances of the secession Convention.

No. 25. Declaring the war debt void, and forbidding the General Assembly to assume or provide for payment thereof.

No. 34. Requiring civil officers to continue to act as agents of the Freedmen's Bureau.

No. 39. Ratifying marriages between freedmen and freedwomen.

No. 49. Pledging the public faith for payment of debts contracted by the State before the war.

A Provisional Governor was appointed in this State, by the President of the United States, on the 21st of June, 1865.

§ 7. That, in all criminal prosecutions, the accused has a right to be heard by himself and counsel, to demand the nature and cause of the accusation, to have a copy thereof, to be confronted by the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and, in all prosecutions by indictment or information, a speedy public trial by an impartial jury of the county or district in which the offense was committed; and that he shall not be compelled to give evidence against himself, nor be deprived of his life, liberty, or property, but by due course of law.

§ 8. That no person shall be accused, arrested, or detained, except in cases ascertained by law, and according to the forms which the same has prescribed; and that no person shall be punished, but by virtue of a law established and promulgated prior to the offense, and legally applied.

§ 9. That no person shall, for any indictable offense, be proceeded against criminally by information; except in cases arising in the land and naval forces, or in the militia when in actual service, or, by leave of the court, for oppression or misdemeanor in office; Provided, that in cases of petit larceny, assault, assault and battery, affray, unlawful assemblies, vagrancy, and other misdemeanors, the General Assembly may by law dispense with a grand jury, and authorize such prosecutions before Justices of the Peace, or such other inferior courts as may be by law established; and the proceedings in such cases shall be regulated by law.

§ 10. That no person shall, for the same offense, be twice put in jeopardy of life or linb.

§ 11. That no person shall be debarred from prosecuting or defending, before any tribunal in this State, by himself or counsel, any civil cause to which he is a party. § 12. That the right of trial by jury shall remain inviolate.

§ 13. That in prosecutions for the publication of papers investigating the official conduct of officers or men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence; and that in all indictments for libels, the jury shall have the right to determine the law and the facts, under the direction of the court.

§ 14. That all courts shall be open; and that every person, for any injury done him, in his lands, goods, person or reputation, shall have a remedy by due course of law, and right and justice administered, without sale, denial, or delay.

§ 15. That suits may be brought against the State, in such manner, and in such courts, as may be by law provided.

§ 16. That excessive fines shall not be imposed, nor cruel punishments be inflicted. § 17. That all persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses, when the proof is evident, or the presumption great; and that excessive bail shall not, in any case, be required.

§ 18. That the privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it.

§ 19. That treason against the State shall consist only in levying war against it, or adhering to its enemies, giving them aid and comfort; and that no 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.

§ 20. That no person shall be attainted of treason by the General Assembly; and that no conviction shall work corruption of blood, or forfeiture of estate.

§ 21. That the estates of suicides shall descend, or vest, as in cases of natural death; and that, if any person shall be killed by casualty, there shall be no forfeiture by reason thereof.

§ 22. That the person of a debtor, when there is not a strong presumption of fraud, shall not be detained in prison, after delivering up his estate for the benefit of his creditors, in such a manner as shall be prescribed by law.

§ 23. That no power of suspending laws shall be exercised, except by the General Assembly, or by its authority.

§ 24. That no ex post facto law, nor any law impairing the obligation of contracts, shall be made.

§ 25. That private property shall not be taken or applied for public use, unless just compensation be made therefor; nor shall private property be taken for private use, or for the use of corporations other than municipal, without the consent of the owner; Provided, However, that laws may be made securing to persons or corporations the right of way over the lands of other persons or corporations, and, for works of internal improvement, the right to establish depots, stations, and turn-outs; but just compensation shall, in such cases, be first made to the owner.

§ 26. That the citizens have a right, in a peaceable manner, to assemble together for their common good, and to apply to those invested with the powers of government for redress of grievances, or other proper purposes, by petition, address, or remonstrance. § 27. That every citizen has a right to bear arms in defense of himself and the State. § 28. That no person, who conscientiously scruples to bear arms, shall be compelled to do so, but may pay an equivalent for personal service.

§ 29. That no standing army shall be kept up, without the consent of the General Assembly; and in that case, no appropriation for its support shall be for a longer term than one year; and that the military shall, in all cases, and at all times, be in strict subordination to the civil power.

§ 30. That no soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor in time of war, but in a manner to be prescribed by law.

§ 31. That no title of nobility, or hereditary distinction, privilege, honor, or emolument, shall ever be granted or conferred in this State; and that no office shall be created, the appointment of which shall be for a longer term than during good behavior.

§ 32. That emigration from this State shall not be prohibited, and that no citizen shall be exiled.

§ 33. That temporary absence from the State shall not cause a forfeiture of residence once obtained.

§ 34. That hereafter there shall be in this State neither slavery, nor involuntary servitude, otherwise than for the punishment of crime, whereof the party shall have been duly convicted.

§ 35. That the right of suffrage shall be protected by laws regulating elections, and prohibiting, under adequate penalties, all undue influence from power, bribery, tumult, or other improper conduct.

§ 36. This enumeration of certain rights shall not be construed to deny or disparage others retained by the people; and to guard against any encroachment on the rights hereby retained, or any transgression of any of the high powers by this Constitution delegated, we declare, that everything in this article is excepted out of the general powers of government, and shall forever remain inviolate, and that all laws contrary thereto, or to the following provisions, shall be void.

ARTICLE II.

STATE BOUNDARIES AND COUNTIES.

SECTION 1. The boundaries of this State are established and declared to be as follows-that is to say: Beginning at the point where the thirty-first degree of north latitude crosses the Perdido river; thence east, to the western boundary line of the State of Georgia; thence along said line, to the southern boundary line of the State of Tennessee; thence west, along the southern boundary line of the State of Tennessee, crossing the Tennessee river, and on to the second intersection of said river by said line; thence up said river to the mouth of Big Bear creek; thence by a direct line, to the north-west corner of Washington county in this State, as originally formed; thence southerly, along the line of the State of Mississippi to the Gulf of Mexico; thence eastwardly, including all islands within six leagues of the shore, to the Perdido river; and thence up the said river to the beginning.

§ 2. The General Assembly may, by a vote of two-thirds of both branches thereof, arrange and designate boundaries for the several counties of this State, which boundaries shall not be altered except by a like vote; but no new county shall be hereafter formed of less extent than six hundred square miles, nor shall any existing county be reduced to a less extent than six hundred square miles; and no new county shall be formed not containing a sufficient number of inhabitants to entitle it to one representative under the existing ratio of representation, nor unless the counties from which it is taken shall be left with the required number entitling them to separate representation.

ARTICLE III.

DISTRIBUTION OF POWERS OF GOVERNMENT.

SECTION 1. The powers of the government of the State of Alabama shall be divided into three distinct departments, each of which shall be 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 another.

§ 2. No person, or collection of persons, being of one of those departments, shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted.

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