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Ordinances and constitution of the state of Alabama : with the constitution of the provisional government and of the Confederate States of America online

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OIlDIISr_A.NOES



AND



CONSTITUTION



OF THE



STATE OF ALABAMA,



WITH THE



CONSTITUTION

OF THE

PROVISIONAL GOVERNMENT



AND OF THR



CONFEDERATE STATES OF AMERICA.



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MONTGOMERY:

BARRBTT, WIMBtSIt & CO., STEAM PRINTERS AND BINDKRS.
1861.



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OR^OIIVAIVCES,



*rHE State of Alabama.

At a Convention of the People ot the State of Alabama,
begun and holden at Montgomery, on the seventh
day of January, in the year of our Lord, one thousand
eight hundred and sixty-one, and continued to the
twelfth day of February in the same year.

AN ORDINANCE

To dissolve the Union betweeu*the State of Alabama
and other States united under the compact styled "The
Constitution of the United States of America."

Whereas, the election of Abraham Lincoln and Han-
nibal Harnlin to the offices of President and Vice Presi-
dent of the United States of America, by a sectional
party, avowedly hostile to the domestic institutions and
to the peace and security of the people of the State of
Alabama, preceded by many and dangerous infractions of
the Constitution of the United States by many of the
States and people of the northern section, is a political
wrong of so insulting and menacing a character as to
justify the people of tbe State? of Alabama in the adop.
tion of prompt and decided 'measures for their future
peace and security ; therefore,

Be it declared and ordained by ike jjcople of the State oj
Alabama in Convention assembled, That the State of Ala-
bama now withdraws, and is hereby withdrawn from tlie
Union known as "the United States of America," and



C>9^i7



henceforth ceases to be one of said United States, and is,
and of right ought to be, a {Sovereign and Independent
l^tate.

Sec. 2. Be it farther declared a?}d ordained by the people
of tlu Stale (// Alabama in Convnition assembled, Tliat all
the nowera over the Territory of said {State, and over
the jtcople thereof, heretofore delegated to the Govern-
ment of the United States of America, be and th<'y arc
liereby withdrawn from said (jlovernracnt, and arc hereby
resumed and vested in the people of the State of Ala-
bama.

And as it is the desire and purpose of the people of
Alabama to meet the slaveholding States of the South,
who may approve such purpose, iu order to frame a pro-
visional as well as permanent Government upon the prin-
ciples of the Constitution of the United States,

Be it resolved by the "people of Alabama in Convention as-
sembled. Tliat the people of the States of Delaware, Mary-
land, Virginia, North Carolina, South Carolina, Florida,
Georgia, Mississippi, Louisiana, Texas, Arkansas, Ten-
nessee, Kentucky, and Missouri, be and arc hereby invi-
ted to meet the people of the State of Alabama, by their
Delegates, in Convention, on the fourth day of February,
A. I). T*tjl, at the city of Montgomery, in the State of
Alahaniu, for the purpose of consulting with each other
as U) the most etiectual mode of securing concerted and
harniouious action in whatever measures may be deemed
moht desirable for our common fieace and security.

And be it further resolved^ That the President of this
Convention be, and he is hereby, instructed to transmit
forthwith a co[)y of the foregoini^ Preamble, Ordinance,
anil lA4,'8oIutions to the (Jovcrnors.of the several States
nanit-d in said resr)lntions.

Done hy tlie people of the State of Alabama, in Couven-
ti«Mi af4«embled, at Montgomery, on this, the eleventh
day of Jaojuary, A. D. 1861.



K^i^?^



William M. Brooks, President of the Convention.



W. H. Davis,
John Cochran,
Alpheus Baker, ^
John W. L. Daniel,
Lewis i\L Stone,
E. S. Dargan,
John Bragg,
H. G. Humphries,
George A. Ketchura,
O. RrBlue,



'4



Sam'l Henderson,

0. S. Jewett,

N. D. Johnson, Talladega,

J. M. McClanahan,

Wm. S. Earnest, Jeftbrson,

M. G. Slanghtcr, Talladega,

John M. Croiok, Alexandria.

Dau'l T. Ryan, Calhoun Co.,

G. C. Whatlcy, "

James S. Williamson,



James Ferguson Dowdell, John P. Ralls, M. D.,



Joseph Silver,
B. H. Baker, of Russell,
James W. Crawford,
Geo. D. Shortridge,
George Rives, sr.,
Franklin K Beck,
Thomas Hill Watts,
Jno. McPherson,
Saml J. Boiling,
A. J. Curtis,
Jas. G. Hawkins,
Jeremiah A. Henderson,
A. P. Love,
Wm. H. Barnes,
W. L. Yancey,
A. A. Coleman,
J. D. Webb,
Tho9. H. Herndon,
Gappa T. Yelvcrton,
S. E. Catterlin,
DeWitt C. Davis,
David P. Lewis,
Hasting E. Owens,
Thomas Tipton Smith,
James MtKinnie,



W. E. Clarke, of Marengo,

James F. Bailey,

John R. Coffey,

Eli W. Starke,

Albert Grumpier,

Jere Clemens,

J. M. Foster,

George Taylor,

John B. Lennard,

A. R. Barclay,

Jas, G. Gilchrist,

James S. Clark, Lawrence,

John W. Inzer,

J. P. Timberlake, Jiickson,

Lyman Gibbons, of Monroe,

Wm. S. Phillips, of Dallas,

Nich. Davis,

Jef'n Buford,

Julius C. B. Mitchell,

Richard J. Wood,

James L. Slicflield,

John Green, sr.,

R. Jemison, jr.,

William A. Hood,

Arthur Camitbell Beard,



•)



6

D. B. Crcecb, . .^ Uenry Mitclicll (ia^;, . ^.,.^

Ralpli O. IIowftr«i, George Forrester, RaiidoTpti.

Joliii TxltT Mortraii.

A. (;. irORX,
Secretary of the Conveutiou.

FliA.NK L. tSMlTU,

Assistant Secretary of the Convention.



Xo. 2.] AN ORDINANCE

Concerning Citizensliip.

ISkc. 1. Be U declared and ordained by the ptopk vf Ala-
bama in. Coiaention as.Hwhled, Every person who. at the
(late of tlie Ordinance of Secession, was residing in this
tState, and was then by birth or otherwise a cftizvn of the
United ^^tatOB of Anitrica, shall continue a citizen of this
iState, unless a foreign residence shall be ot^tublishcd by
such person with the intention of expatriation.

Skc. 2. Every free white person who, after the date
aforesaid, may be born within the territory of this iStatc,
or may be born outside of that territoiy, of a father or
mother who then was a citizen of this State, shall be a
eitizcn thereof.

Sf;c. 3. Bo, aljjo, every person who, by birth or natu-
ralization, wa« a citizen of the United States of America,
or of any «laveholdiiig State of North America, and who,
within tvvclvo montlis after the date of the Ordinance ot
Seceasioii, shall come to reside in this State, with the
intention of becoming a citizen thereof. But if such
jK-rson wiifl born in a foreign State or country, or in a nou-
slaveholding State, he or she shall take the oath of alle*
ifiancc to this State below provided.

Skc. 4. So, also, every free white person who shall
furnish satisfactory evidence of good character, and who



shall be cugaged in the actual service, military or naval,
of the State, and shall take an oath of his intention to
continue in such service for at least six months, and who
actually serves six months, unless sooner discharged hon-
orably, and also the oath of allegiance below prescribed.
9UI0S Xq paj8:jsiuimpT3 oq \{gi{s siptjo oq; 'es-BO siq; u|
commissioned officer of the service in which the applicant
for citizenship may be engaged, superior in rank to the
applicant, but not of lower rank than Colonel, and a citi-
zen of Alabama; and thereupon, certificate of the citi-
zenship of the applicant shall be signed by the officer and
delivered to the applicant, and must be recorded in some
court of record in this State.

Sec. 5. In all cases the citizenship of a man shall ex-
tend to his wife, present or future, whenever she shall
have a residence in the State, and shall extend also to
each of his children, who, under the age of twenty-one
years, may have a residence in this State. In like man-
ner, the citizenship of a woman shall extend to each of
her children who, under the age of twenty-one years, may
have a residence in the State : Provided, That in no case
shall citizenship extend to any person who is not a free
white person, except those provided for in the first section
of this ordinance.

Sec. 6. That the oath of allegiance to this State shall
be in the following form, viz: "I do swear (or affirm)
that I will be faithful, and true allegiance bear to the
State of Alabama, as long as I ma}^ continue a citizen
thereof."

Sec. 7. The oath of abjuration shall be in the follow-^
ing form, viz : "I do swear (or affirm) that I do renounce
and forever abjure all allegiance and fidelity to every
prince, potentate, state, or sovereignty whatever, e.Kcept
the State of Alabama,

Adopted, January 26, 1861.



8
No. 8-]v. ., ,^ AN ORDINANCE

To change the Oath of Office iu this State.

p, /•' ,/, ,■?'))•' (I and ordained, and it is hereby declared and or-
tla people of the State of Alabama in Convc7i-

tioh as.<, ,nl'l<'(, Thiit the first section and sixth article of
the C'on.-titution of the State of Alahama he amended by
strikijii:: out of the fifth line of said section the words
"Constitution of the United States and the," after the
word "tie," and before the word "Constitution," where
they occur.

A7i<f be it further ordained as aforesaid, That all oflicers
in thiii State are hereby absolved from the oath to support
the Constitution of the United States heretofore taken
by thi:

Adopted, January 15, 1861.



2*ty-4.] AN ORDINANCE

To repeal an Ordinance therein named.

Be it ordaimd by the people of the State of Alabama in Con-
-■'-:'' assembled, That an ordinance adopted by the peo-
I . iliid State, in Convention at Iluntsville, on the sec-
ond day of August, one thousand eight hundred and
nineteen, dix'laiining forever all right to the waste or un-
ai»pn>]>ri.'itctl lands lying witliin this State, is hereby re-
nt.:!; 1. Iiut the navigable waters of this State shall re-
main lurever highways, free to the citizens of this State,
and of such States as may unite with the State of Ala-
bama in a Southern Slaveholding Confederacy.

Adopted, January 28, 1861.



No. 5.] AN ORDINANCE

To provide for the Military Defense of the State of Ala-
bama.

Sec. 1. Be it ordained by the j^eople of Alabama in Con-
vention assembled, That the Governor be and he is hereby
authorized and empowered, in the event of a declaration
of war against the State of Alabama, or of an actual
invasion of its territory, or of imminent danger of such
invasion, to cause to be enlisted and to call into actual
•ser%nce a number of troops, not exceeding one thousand
non-commissioned officers, musicians and privates, to be
enlisted for a term of three years, unless sooner dis-
charged.

Sec. 2. Be it further ordained, That the Governor be,
and he is hereby, authorized to organize said troopsin to
corps of artillery, cavalry, or infantry, as the exigencies
of the service may require, and to appoint the commis-
sioned officers thereof

Sec. 3. Be it further ordained, That each of said en-
listed men shall be entitled to receive a bounty of ten
dollars, one-half on enlisting and the other half on join-
ing the corps to which he may belong.

Sec. 4. Be it further ordained, That the officers and
non-commissioned officers shall be entitled to the same
pay and allowances as is now fixed by law for officers and
non-commissioned officers of the same grade and arm of
seiyice in the army of the United States, and the private
soldiers shall receive the same pay, clothing and allowan-
ces as private soldiers in the same arm of service in the
army of the United States.

Sec. 5. Be it further ordained, That whenever tlie pub-
lic safety shall demand it from any of the aforementioned
causes, in addition to the aforesaid number of troops, the
Governor shall be, and is hereby, empowered to accept the
services of any number of volunteers who shall associate
and offer tlicmselves for the service, either as artillery,



in

cavalry or infantry, find the volunteers so acc'eptod shall
bavo power in the fil^t instance to elect their own oonir
pany officors. and wlien organized into reginionts or bat-
talions, they shall also have power to elect their rogimoti-
tal field officers; but vacancies occurring in said regi-
ment!:, or battalions, or companies, shall be filled b}' reg-
ular ]»roniotion, according to rules for the regulation of
the army of the United States.

Sec. 6. Be U further ordained, That said volunteers,
when so accepted, shall he PuT»ject to the same rules and
regulations, and entitled to the same pa}', rations, cloth-
ing, and emoluments of every kind, except as to bounty,
as tho eulisted men to be raised by this Ordinance.

Skp. 7. JJc it farther ordained, That jsaid volunt9ei3
shall not be accepted for a less .term of service than, (^
year, unless sooner discharged bjMhe Governor.

Skc. 8. Be it further ordained, That the Governor shall
be, and ho is hereby, anthorizcd and empowered toiippoint
one ^Major-General, v^ho shall be entitled to the pay an4
allowances of a Major-General in the army of the United
States, who shall hold his oHicc during good behavior,
and shall bo entitled to the command of all the troops of
the State when iji servico, whether the same shall be reg-
ulars, volunteers, or militia. And the Governur shall,
from time to time, appoint Brigadier-Generals, accordin|f
to the number of troops in the field and the exigencies of
the service, not to exceed one Brigadier-General tor every
two regiments, whose pay and allowances shall be the
same as Brigadier-Generals in the army of the United
States, and whose commissions shall be vacated and with-
drawn according as, in the opinion of the Governor, their
services may be disjicnsed with ; and the said Brigadier-
Generals shall take rank according to the date of their
commissions.

Buc. 9. Be it further ordained, That the Governor shall
be, and he is hereby, empowered to ap[)oint an Adjutant
and Inspector-General, \vJj,o^e rank shall be that of a



11

ft,

^^rigaclieivGeneral, and who shall he entitled to the pay
and allowances of a Brigadier-General. And the Gover-
nor may also appoint au Assistant Adjutant-General, with
the rank, pay and allowances of a Colonel of Dragoons.
And the Governor may also appoint a Quartermaster-
General, who shall he entitled to the rank, pay and alloAv-
ancep of a Brigadier-General ; and two Assistant Quarter-
masters, who shall each be entitled to the rank, pay and
allowances of a Captain of Dragoons. And the Governor
may also appoint a Surgeon-General and a Paymaster-
General, who shall each be entitled to the pay and allow-
ances of a Colonel of Infantr3\

Skc, 10. £c it further ordained^ That the staff officers
■^hose. appointment is provided for in the foregoing sec-
tion, sliall hold their commissions subject to the discre-
tion of the Governor, and may be dismissed at any time,
w^hen in his judgment the public service requires it to be
done. \*,» 1* "',^*^<, *^ '"■

Six'. 11. Bt it further ordained, That the laws of the
United States respecting the regulations and emoluments
of recruiting officers, punishment of persons who shall
procure or entice a soldier to desert, or shall purchase his
arms, uuitorm, clothing, or any part thereof, and the pun-
ishment of every commanding officer of any ship or ves-
sel, who shall receive on board of his ship or vessel, know-
ing him to have deserted, or otherwise carry away any
soldier, or refuse to deliver him up to his commanding
officer, shall be in force and applj' to all matters and things
wkbin the intent and meaning of this ordinance.

Skc. 12. Be it further ordained. That no officer of the
Un.e or staff, who may be appointed under the provisions
of this ordinance, shall be entitled to receive pay or al-
lowances until he shall be called into actual service, nor
for any longer time than he shall continue therein : Fro-
ridtd, That nothing in this ordinance shall be so con-
strued as to prevent officers from receiving pay and al-
lowances while engaged in the recruiting service, or



12

while prevented from the discbarG^e of tlicir duties by
wounds or sickness, or while absent from their posts on
leave.'

*^lsc: is.* Be it further ordamal, That there shall be
appointed by the Governor an Ordnance Officer, with the
rank, pay and allowances of a Licutcnant-Colonol of Ar-
tillery, who shall have charge of all the [)ublic anus and
munitions of war of every kind and description what-
ever, and the said Ordnance Officer shall be assisted in
the discharge of his duties by a Lieutenant or Lieuten-
ants, who maybe detailed for that purpose by the Major-
General, whenever in his opinion the public service so
requires.

Sec. 14. Be it further ordained, That the Quartermas-
ter-General, Paymaster-General, Ordnance Officer, and
Assistant Quartermasters, shall each give bond and secu-
rity, to be approved by the Governor, and renewable at
his pleasure, for the faithful performance of the duties of
their respective offices.

Sec. 15. Be it further ordained, That the Major-Gen-
eral, whose appointment is provided for by this ordinance,
shall be authorized to appoint a Military Secretary, with
the rank, x»ay and allowances of a Captain of Dragoons.

Sbc. 16. Be it further ordained. That each General offi-
cer may appoint his staff officers, whose rank, pay and
allowances shall be the same as that of staff ofticcrs of
the same grade in the army of the United States.

Sfio. 17." Be it farther ordained, That the regulations
for the army of the United States, directed to be pub-
lished on the first day of January, 1857, by Jeff. Davis,
Secretary of War, shall be, and the same are hereby,
adopted by the State of Alabama, so far as they consist
with the provisions of this ordinance, and of other ordi-
nanc « s which have been or may be adopted by this Con-
vention,

Sec. 18. Br it further ordained, That the next (icneral
Assembly, and each subsequent General Assembly of the



State of Alabama may make sucli altefations iu, or amend-
ments to, the foregoing ordinance as in their judgment
the public service may require.

Sec. 19. Be it further ordained, That the system of ac-
countability of each department of the army of the United
States as now in force, with such alterations and modifi*
cations as are or may be necessary to adapt them to the
government of the military forces of the State of Ala-
bama, be, and the same are hereby, adopted.

Adopted, Januar}' 19, 1861.



Kg. 6.] AN ORDIKAKCE

To re-organize the Militia of the State of Alabama.

Sec. 1. Be it ordained by the jpcople of Alabama in Con^
t>ention assembled, That all military commissions in the
Militia of the State of Alabama, ot every grade and de*
scription, shall be, and the same are hereby, annulled, and
declared to be utterly null and void : Provided, hoiocver.
That officers now holding such commissions shall not be
deprived of their commands until a new election is held,
and their successors have been qualified, as hereinafter
provided for.

Sec. 2. Be it farther ordained, That the foregoing sec-
tion shall not apply to the Adjutant-General and Qnarter-
maater-General of the Militia, who shall be retained iu
office, subject to the pleasure of the Legislature; and
may be dismipsed or retained, as the Legislature shall
direct.

Sec. 2. Be it further ordained, That the duties of the
Adjutant-General and the Quartermaster-General of the
Militia as now established by law, shall be entirely dis-
tinct and separate from the duties of the Adjutant-Gen-
eral anil Quartermaster General whose appointnionts are
providrd for by an ordinance entitled "an Ordinance to



14

provide for the Military Defense of the State of Alabama,"
and shall he coiitincd exciu^jivoly to the militia, as conttar:
distins^uished from the ciili-^ti'l nx^ii and volunteers actu*-
ally in service.^ ^'

Sec. 4. Be it further ordained, That the departments
of Adjutant-Geucral and Quartcrma.*tcr-<TCiieral of the
militia shall be subordinate and subject to the onler. di-
rection and control of the corresponding departments of
the regular and volunteer service.

Skc. 5. J^c it further ordained, That the Legislature
shall have power to prescribe the time and mode of elec-
tion for filling the vacancies created by this ordinance,
and to do all other acts and things in relation thereto, or
in relation to promoting the etHciency of the militia,
which, in tlieir judgment, the public service may ret^uire,
not inconsistent with the provisions of this ordinance, or
of any other ordinance which has been or may be passed
by this Convention.

Adopted, January 23, 1801.



Ko. 7.] AN ORDINANCE

To authorize Colonels of Volunteer Regiments to appoint
their own Staff Officers.

Sbc. L Be it ordained by the people of Alabama in Con-
vention as8et)dihd, That each Colonel of a volunteer regi-
ment who shall be received into the service of the State
of Alabama, under the provisions of an ordinance entitled
"au Ordinance to provide for the Military Defense of the
State of Alabama," passed January 19, 1861, shall be
authorized und empowered, and he is hereby authorized
and empowered to appoint and remove at his pleasure the
following regimental staff, viz: one Adjutant and one

^' ' ' *nr, with the rank, pay ami allowances of a

i wit of Dragoons^ one Surgeon aud two As-



15

sistant Surgeons, whose rank and pa}'- shall be the same
as that of the same officers in the army of the United
States; one Sergeant-Major, one Quartermaster-Sergeant,
one Drum-Major, and one Fife-Major, who shAll l)e enti-
tled to the same pay and allowances as non-commis-
sioned officers of the same grade in the army of the Uni-
ted States.

Sec. 2. Be it further ordained^ That each Captain of a
company shall be empowered to appoint the non-com-
missioned officers of his company, subject, however, to
the approval of the Colonel, and removable at his plea-
sure.

Sec. 3. Be it further ordained, That when vacancies
occur in the rank of 2d Lieutenant of volunteers, the
Colonel of the regiment in which such vacancies occur
shall be authorized and empowered to fill such vacancies
by original appointment from the non-commissioned offi-
cers and privates of the regiment.

Adopted, January 26, 1861.



No. 8.] K^ ORDINANCE

Supplemental to an Ordinance entitled "an Ordinance to
provide for the Military Defense of the State of Ala-
bama."

Be it ordained by the people of Alabama in Convention os-
'sembled, That the fifth section of an ordinance entitled
"an Ordinance to provide for the Military Defense of the
State of Alabama," shall be so construed as to autliorize
the Governor to accept the services of separate Compa-
naies of volunteers offering themselves for service; and
auch companies, after their acceptance by the Governor,
shall elect their company officers.

Adopted, January 29, 1861.



16

No. 9.] AN ORDIKANCE

Supplemental to au Ordinance to provide for the defence
of Alabama.

^Bc it ordained by the, people of Alabama in Convention ash
hehhkd, That the Governor be, and he is hereby, anthor-
iaed to extend and carry into citcct the provitiionB of the
"Ordinance to provide for the Military Defense of the
State of Alabama," for the purpose of protecting the
coast defenses of the Gulf of Mexico, and to prevent or
repel invasion in that quarter.

Adopted, January 29, 1861. .^.y.



No. 10.] AN ORDINANCE

To provide for the removal of the Arras and Munitions
of War, at Mount Vernon, in the State of Alabama, to
a piaco or places of greater security.

Bi- it ordained by the people of Alabama ia Convention ai'
setnblcd, That the Governor of this State be, and he is
hereby, authorized and empowered, to remove the arms
and munitions of war of every kind and description, taken
at the I'nited States Arsenal at Mount Vernon, in the
State of Alabama, and distribute them in such quantities
as in his oi)inion the public service may require, among
the following named cities and towns, viz: Mobile, Kyx-'*
faula, Montgomery, Tuscaloosa, Jacksonville, Selma, TaLj^'
ladcga and lluntsville, and such other places as the Govl'^
ernor may select ; to be kept and delivered out only iipon*"
tljo order of the Governor, for the equipment of volun-
teers, or of military companies in the service of the State,
except in cases of insurrection or invasion : Provided, That
none of naid cities or towns shall be entitled to receive a
diftributlve share of said arms or munitions, unless the



17

torporatG authorities thereof shall provide a place for the
Bate-keeping of the same, and become responsible for
tlieir delivery, or the delivery of any portion of the same,
on the order of the Governor, whenever the public ser-
vice may require it.

Adopted, January 26th, 186 L


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