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 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.

The judges of the several courts of this State shall hold their offices for the term of six years; and for willful neglect of duty, or other reasonable cause, which shall not be sufficient ground for impeachment, the governor shall remove any of them on the address of two-thirds of each house of the general assembly; Provided, however, 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 defense, before any vote for such address shall pass; and in all such cases the vote shall be taken by yeas an l nays, and entered on the journals of each house respectively; And provided also, that the judges now in office may hold their offices 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.

SECOND.-ADOPTED 1846.

Strike out the words "one year," where they occur in the second section of the third article, and insert in lieu thereof "two years."

Strike out the words "every year," where they occur in the third section of third article, and insert in lieu thereof "at each session."

Strike out the word "annual," where it occurs in the eighth section of the fourth article, and insert in lieu thereof, "biennial."

Strike out the thirteenth section of the third article, and insert in lieu thereof the following: "At the first meeting of the general assembly after the adoption of the proposed amendments, the senators when convened shall be divided into two classes, as nearly equal as may be. The seats of the senators of the first class shall be vacated at the expiration of the two next ensuing years; so that one-half may be biennially chosen thereafter, and a rotation thereby kept up perpetually."

Strike out the twenty-ninth section of the third article, which permanently locates the seat of government in this State.

*This amendment strikes out the thirteenth section of the fifth article.

THIRD.-ADOPTED 1850.

Strike out the ninth section of the third article of the Constitution, and in lieu thereof insert the following:

"89. The general assembly shall cause an enumeration to be made in the year eighteen hundred and fifty, and eighteen hundred and fifty-five, and every ten years thereafter, of all the white inhabitants of this State; and the whole number of representatives shall at the first regular session after such enumeration, be apportioned among the several counties, cities, or towns entitled to separate representation, according to their respective number of white inhabitants, and the said apportionment when made shall not be subject to alteration until after the next census shall be taken. The number of representatives shall not exceed one hundred, and the number of senators shall not exceed thirty-three; yet each county, notwithstanding it may not have a number of white inhabitants equal to the ratio fixed, shall have one representative."

Strike out the thirteenth section of the third article of the Constitution, and insert in lieu thereof the following:

"§13. Senators shall be chosen for the term of four years; yet at the general election after every new appointment, elections shall be held anew in every senatorial district; and the senators elected, when convened at the first session, shall be divided by lot into two classes, as nearly equal as may be; the seats of those of the first class shall be vacated at the expiration of two years, and those of the second class at the expiration of four years, dating in both cases from the day of election, so that one-half may be biennially chosen, except as above provided."

At the end of the twelfth section of the fifth article of the Constitution, add

"But at and after the session of the general assembly to be held in the winter of the years eighteen hundred and forty-nine-fifty, the general assembly shall provide by law for the election of judges of the circuit courts by the qualified electors of their circuits respectively, and for the elections of judges of the courts of probate and other inferior courts (not including chancellors) by the qualified electors of the counties, cities, or districts for which such courts may be respectively established; the first Monday in November in any year shall be the day for any election of such judges by the people, or such other day, not to be within a less period than two months of the general election for governor, members of the general assembly, or members of congress, as the general assembly may by law prescribe; but no change to be made in any circuit or district, or in the mode or time of electing, shall affect the right of any judge to hold office during the term prescribed by the Constitution, except at the first elections thereof to be made by the people after the ratification of these amendments or either of them, which elections shall then all be had on the same day throughout the State, and the terms of the judges then to be elected shall commence on that day; vacancies in the office of judge shall be filled by the governor, and the persons appointed thereto by him shall hold until the next first Monday in November, or other election day of judges, and until the election and qualification of their successors respectively; and the general assembly shall have power to annex to the offices of any of the judges of the inferior courts the duties of clerks of such courts respectively."

CONSTITUTION OF THE STATE OF ALABAMA,

Revised by order of the CONVENTION OF THE PEOPLE, ASSEMBLED AT MONTGOMERY ON THE SEVENTH DAY OF JANUARY, A. D. 1861.

WE, the people of the State of Alabama, having separated ourselves from the government known as the United States of America, and being now by our representatives in convention assembled, and acting in our sovereign and independent character, in order to establish justice, ensure domestic tranquillity, and secure the blessings of liberty to ourselves and our posterity-invoking the favor and guidance of Almighty God-do ordain and establish the following Constitution and form of government for the State of Alabama: And the boundaries of this State are established to be: Beginning where the thirty-first degree of north latitude crosses the Perdido river; thence east, to the boundary line of the State of Georgia; thence along said line to the southern boundary 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 northwest corner of Washington county, in this State, as originally formed; thence southerly along the line 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 same to the beginning.

ARTICLE I.

DECLARATION OF RIGHTS.

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

§1. That all freemen, when they form a social compact, are equal in rights; and that no man or set of men are entitled to exclusive, separate public emoluments or privileges, but in consideration of public services.

§2. All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit; and, 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 think expedient.

§3. No person within this State shall, upon any pretense, be deprived of the inestimable privilege of worshiping God in the manner most agreeable to his own conscience; nor be compelled to attend any place of worship; nor shall any one ever be obliged to pay any tithes, taxes, or other rate, for the building or repairing any place of worship, or for the maintenance of any minister or ministry.

§4. No human authority ought, in any case whatever, to control or interfere with the rights of conscience.

§5. No person shall be hurt, molested, or restrained, in his religious profession, sentiments, or persuasions, provided he does not disturb others in their religious worship.

§6. The civil rights, privileges, or capacities of any citizen, shall in no way be diminished or enlarged, on account of his religious principles.

$7. There shall be no establishment of religion by law; no preference shall ever be given by law to any religious sect, society, denomination, or mode of worship; and no religious tests shall ever be required as a qualification to any office or public trust under this State.

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

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

§10. 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, and 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 shall have been committed; he shall not be compelled to give evidence against himself, nor shall he be deprived of his life, liberty, or property, but by due course of law.

§11. 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 no person shall be punished, but in virtue of a law, established and promulgated prior to the offense, and legally applied.

§12. No person shall, for any indictable offense, be proceeded against criminally, by information; except in cases arising in the land and naval forces, or the militia when in actual service, or, by leave of the court, for oppression or misdemeanor in office.

$13. No person shall, for the same offense, be twice put in jeopardy of life or limb; nor shall any person's property be taken or applied to public use, unless just compensation be made therefor.

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

$15. No power of suspending laws shall be exercised, except by the general assembly, or its authority.

§16. Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted.

§17. All persons shall, before conviction, be bailable by sufficient securities, except for capital offenses, when the proof is evident, or the presumption great; and 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.

$18. The person of a debtor, where there is not strong presumption of fraud, shall not be detained in prison after delivering up his estate for the benefit of his creditors, in such manner as shall be prescribed by law.

§19. No ex post facto law, nor law impairing the obligation of contracts shall be made.

$20. No person shall be attainted of treason or felony by the general assembly. No attainder shall work corruption of blood, nor forfeiture of

estate.

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

§22. 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.

$23. Every citizen has a right to bear arms in defense of himself and the State.

$24. No standing army shall be kept up without the consent of the general assembly; and, in that case, no appropriation of money for its support

shall be for a longer term than one year; and the military shall, in all cases, and at all times, be in strict subordination to the civil power.

$25. 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.

§26. No title of nobility, or hereditary distinction, privilege, honor, or emolument, shall ever be granted or conferred in this State; nor shall any office be created, the appointment of which shall be for a longer term than during good behavior.

§27. Emigration from this State shall not be prohibited, nor shall any cit

izen be exiled.

$28. The right of trial by jury shall remain inviolate.

$29. No person shall be debarred from prosecuting or defending any civil cause, for or against him or herself, before any tribunal in this State, by him or herself, or counsel.

$30. This enumeration of certain rights shall not be construed to deny or disparage others retained by the people; and to guard against any encroachments on the rights herein retained, or any transgression of any of the high powers herein 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.

DISTRIBUTION OF POWERS.

§1. The powers of the government of the State of Alabama shall be divided into three distinct departments; and each of them 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.

ARTICLE III.

LEGISLATIVE DEPARTMENT.

§1. The legislative power of this State shall be vested in two distinct branches; the one to be styled the senate, the other the house of representatives, and both together "The General Assembly of the State of Alabama;' and the style of their laws shall be, "Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened." §2. The members of the house of representatives shall be chosen by the qualified electors, and shall serve for the term of two years from the day of the commencement of the general election, and no longer.

§3. The representatives shall be chosen every two years, on the first Monday in August, until otherwise directed by law.

$4. No person shall be a representative, unless he be a white man, a citizen of the State of Alabama, and shall have been an inhabitant of this State two years next preceding his election, and the last year thereof a resident of the county, city, or town, for which he shall be chosen, and shall have attained the age of twenty-one years.

$5. Every male white person of the age of twenty-one years, or upwards, who shall be a citizen of this State, and shall have resided therein one year next preceding an election, and the last three months within a county, city, or town, in which he offers to vote, shall be deemed a qualified elector; but no elector shall be entitled to vote except in the county, city, or town (entitled to separate representation) in which he may reside at the time of the election.