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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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or uiK>er any law of this State, twid nM Incompatible with
aaid Ordinance of Secession, is affected by eaid ordinaneci

Adopted January 2S, IM\.



30
Ko. 17.] AN OKD^XANOE

Cojicerning Foreign Coin.

Be a ordabkcd by the people of Aiabahid in Convention as>
itmhle4, That the laws of the Umted ibt^tos, late in for^e
iti this »^t:itCj relating to the denoininatidn an(l value of
the gold and silver coin of the United Sta<-cp, ami other
foreign (J-oyntrles, shivH ,be adopted as the laws of this
State until pthcrvvise provided; and such coins sliall be
a legal tender in this State, a.t the value now fixed "by such
laws,

Adoptqdj January 24, 1861.



Xo. Ib.j AX ORDINANCE

Yoi the Issuanc/B of State Bonds.

Be it ittdarrd and orddijied', and U is hcvcbi) decldrM firr4 of-'
dained, bg tin; people of Alabama, b\j thcu' I)ekf/ates^i)i Con-
rdition /ifscmljlcd', That, in order to provide for the payment
6f^ any.extraovdinary expenses of the State Government,
tlje General Assembly of this State shall have power to
canac' to' he issued bonds of the State of Alabama, to sneh
i\\\ amount and in ench sums as they may deem besjt, —
the jtrincipal aod interest to be made payable at such tini«
and fdace, and at s^ich rate, as th<? General Assembly may
prescribe, and the faith and credit of the State to stand
j)ledgfe(} |or the punctual payment of principal and inter-
est of snch boiids.

Adopted, J auuar^- 10, 18G1.



31
No. 19.] AjN" ordinance

To make Provisional Postal Arrangements in Alabama.

Be it ordained by the people of Alabama in Convention as-
semblcd, That the postal contracts, arrangements and reg^
Illations, in force on the eleventh daj^ of Januaiy, A. D.
eighteen hundred and aixty-one,,are permitted to bo con-
tinued, and the persons charged with the duties thereof
are permitted to continue to discharge such duties until
a postal treaty, or^ treaties, shall be concluded, or until
otherwise ordered or provided by the authority of this
State.

Adopted, January 15, 1861.



No. 20.J ^ AN ORDINANCE

Supplemental to an Ordinance to make Provisional Pos-
tal Arrangements.

Be it ordained by the people of Alabama in Convention as-
sembled, That, until, such time as a Provisional or Perma-
nent Government is established, of wdiicli Alabama shall
become a member, the General Assembly of the tState of
Alabama has full power and authority to makeproviaional
postal arrangements for this State.

Adopted, January 20, 1861.



RJEii401LilJ^ri01S^.



' RESOLtTTIONS

In relatioti to the formation of a Provisional and Perma»
nent Government between the Seceding States.

licsoked, That this Convention cordially approve of
the snggestions of the Convention of the people of South
.Caroliiiii to meet tlicm in Convention at Mont<2:()niory, in
the State of Alabama, on the fourth day of February)
18G1, to frame a Provisional Government, upon the prin*
ciplcs of the Constitution of the United States, and also
to prepare and consider upon a plan for the creation and
eatahllshment of a Permanent Government for the seoed*
ingt^tatOHi, upon the same principles, which shall be sub-
mitted to CJonventions of such seceding States for adop-
tion, or rejection.

Hesvlvrd, That wc approve of the suggestion that each
State shall «end to said Convention as many Deputies as
it now hat*, or has lately had, Senators and Rc'j>rcscnta-
tives in the Congress of the United States; and that each
State shall have one vote ujion all questions upon which
a vote may be taken in fuid Convention.

'Mesolctd^ therefore, That this Convention will proceed
to eli'ct, by ballot, one Dt'[»uty from each Congressional
t)i8trit't in this State, and two Deputies from the State at
large, ul twelve o'clock, meridian, on Friday, the 18th of
January instant, who shall be authorized to meet in Con-



33

veution such Deputies as may be appointed by tlie otlier
slaveholding States who may secede from the Federal
TTnion, for the purpose of carrying into effect the forego-
iuirand the resohitions attached to the Ordinance dissolv-
ing the Union ; and that Deputies shall be elected separ-
ateh', and each Deputy shall receive a majority of the
members voting.
Adopted, January 17, 1861.



EESOLUTION

In relation to the Navigation of the Mississippi Kiver.

Whereas, the navigation of the Mississippi river is a
question in which several Northern States and Southern
States yet in the Federal Union, are deeply interested ;
and whereas, the people of the State of Louisiana are
about to consider of the propriety" of seceding from said
Union ; and whereas, this is a subject which will properly
come under the consideration of the Convention of Se-
ceding States to meet on the fourth day of February —

Be. it resolved^ That it is the deliberate sense of this
Convention that the navigation of the Mississippi river
to the people of the States and Territories of the Federal
Union upon it and its tributaries, should remain free, and
that no restriction upon this privilege should be made,
further than may be necessary for tonnage duties to keep
open, and make safe, the navigation of the moutli of said
river, and lor purposes of protection against a belligerent
and unfriendly people.

Adopted, January 25, 1801.



84

RESOLUTION

lu relation to the African Slave Trade.

WnKREAP, the people of Alabama arc opposed, on the
grounds of public policy, to the re-opening of the African
Slave Trade ; therefore,

Bcsolved, That it is the will of the people of Alabama
that the Deputies elected by this Convention to the
Southern Convention, to meet nt the city of Montgomery
on the fourth day of February next to form a Southern
Republic, be, and they are hereby, instructed to insist on
the enactment by said Convention of such restrictions as
^viIl t'ltectually prevent iho re-opening of the African
Slave Trade.

Adopted, January 28, 1861.






OMr>t]srA.ivoKi5;.



Tfl8 State oP Alabama*

At a Convention of the People ot the State of Alabama,
begun and holden at Moutgomeiy, on the fourth
day of March, in the year of our Lord, one thousand
eight hundred and sixty-One, and continued to the
twenty -first day of March in the same year.

No. 21.] AN ORDINANCE

For the purchase of Provisions.

Be it ordained bit the people of Alabama in Convention aS'
sembl.cd, That the Governor of this State be, and he is
hereby authorized to appoint an agent whose duty it shall
be to make purchases of provisions and stores for the
troops of the State, from time to time, as the same may
be required. And the said agent shall be at all times
subject to the control, order and direction of the Gover-
nor in the matters aforesaid, and may be dismissed from
the public service at the pleasure of the Governor.

Be it further ordained^ That the rate of compensation
allowed to the aaid agent shall be settled by agreement
with the Governor, which agreement shall be reduced to
writing:, and filed in the Executive Department of the
State.

Be it further ordained, That said agent shall give bond
and security, to be approved by the (iovernor, which said
bond shall be iiu-roasud in amount fi-'Ui time to time, as
the Governor shall <iirect.



Be it ^further ordained, Tliat in fiuita npon any bond pro-
vided for in the tbrc^oinc: section, no objection as to form
•ball bo allowed, i!<^r shall any |»1' ." '-• ■.•■ ''.■>! ox-oitt a
jiloa to the merits.

JRe U further vrthi /led, That the sums of money neces-
«arv to carry into clfect the forcgoinjEr ordinance, nwny h^
borrowed by the Governor, and he is hereby authorized
and empowered to execute bonds for the same in the name
of the State: Provided, howeier, that no such bond shall
have les8 than twelve months to run, nor carry a higher
rate of interest than eight per centum per niiniuii.

Approved, Januajy 14, IHtll.



No. 22.] W ('{■M»[y.\\^rK

To turn over to the LJoveiinnt'iit ot tlio C'onfcdorate '
States the Arms and MuJiitions of AVar beloniriiig to V
tliia 8tatc, and for other purposes.

>i ' . I . Be U ordained by the people of Alabama in Con-
levtion assembled. That the control of all military opera-
tions in this State, having reference to, or connection
with, fjuestions between this State and other States, or
any power foreign to them, shall be turned over to the ^M
iVovisional Government of the Confederate States of

> icft, to bo exercised by said Government.

.2. And be it further ordained, That the State of
Alabama hereby turns over to the Provisional Govern-
ment of the C'onfedorato States ot America all arms and
munitions of war which liave been acquired from the late
T'niftMl States, and which are now in the forts and arse- \
na!« in this Stat'-; and that the Governor of this State
shall have power to make a similar disposition of any
Other arms and mnnitiona of war which belong to this v
State, e.xcepting muskets, rillcs and small arms : Provided,
Thiif til.- s:.i.l (;,,v,.r.MM..ni "f t lie Confederate States shall



37

account for all sncli arms and munitions of war as are
hereby turned over.

Skc. 3. And be it further ordained, The transfer provi-
ded for in this ordinance shall he conducted on the part
of this State by the Governor thereof.

Adopted, March 0, 18G1.



Is^o. 23] AX ORDINANCE

To provide for the transfer of certain Troops therein
mentioned to the Confederate States of America.

SiiC. 1. Be it ordained hi/ the people of Alabama in Con-
■cntioii assembled, That the Governor of this State bo, and
]je is hereby, authorized and empowered to transfer and
turn over to the Confederate States of America, all the
non-commissioned officers, musicians and privates who
have been enlisted, or may be enlisted, under the provi-
sions of an ordinance entitled "an Ordinance to provide
for tiic military defense of the State ot Alabama," adopt-
ed January 19tb, 18G1.

Skc. 2. Be it farther ordnim-d, That ihc coniiiii?siuned

ifticcrs of said enlisted men, appointed under the provi-

ions of said ordinance, may be transferred to the service

of the Confederate States of America, upon terms to be

ai^reed upon by the Governor of the State of Alabama

11(1 the President of the said Confederate States.

Slc. 3. Be it farik.r ordained, That the Governor of
this State be, and he is hereby, authorized and cmpow-
red to transfer all volunteer companies whose services
have been accepted by him, or whose services may here-
after bo tendered and accepted, under the provisions of
said ordinance, to the Confederate States of America, to
be employed by the President thereof, at such points as
may be doenu'd best for the common defense: /' ' '.
Ao^rear, that the assnit of such volunteer compani'



38

first bo obtained to such transfer, and a certificate of such
a8»<Mt 8liall l»c ir.:ule upon the muster rolls of each com-
paiiv, and signed by tlio Captain, or oonniuindinc" oHicer
of the company ; and any nioraber of the company with-
holding his assent, m«iy be discharjjed, or empk)yed in
tho srrvii'e of the State, at the dlHeretion of the (lov-

crn-'f.
Adopted, March 11, l8til.



No. 24.] AN ORDINANCE

To give efficiency to the ordinance of 19th January, 1861,
"to provide for the Military Defense of the State of Ala-
bama."

Sec. 1. J3c it ordained by the -people of Alabama in Con-
vention assembled, That the Governor is authorized to ap-
point one Surgeon, and not exceeding two Assistant Sur-
geons, for the service of the three years' recruits, who
shall be assigned to duty as the Governor may direct, and
who hhall be entitled to the same rank, pay and emolu-
ments, when ordered into service, as Surgeons and Assist-
ant Surgeons in the army of the United States.

Si;r. 2. Be i( further ordavcd. That in all cases where
volunteers have been accepted lor twelve mojitl s, and
have not l)een organized into a regiment, the Go\crnor
is authorized to ap|)oint Surjjeons and Assistant Surgeons
for 8uch voluhteerw, not exceeding one Surgeon and one
Assistant Sursreon for every live hundred volunteers ac-
tually in service, who shall be assigned ti^ duty as the
(lovernor shall direct, and shall hold their commissions
until sucii volunteers are organized into a regiment, and
retrimental Surgeons and Assistant Surgeons appointed j
an»l the Surgeons and Assistants shall, while in service,
be entitled to the same pay and emoluments as provided
by the first section of this ordinance.

Adopted, March 12, IHtJl.



39
No. 25.] AN ORDINANCE

To regulate the Staff of the Major-General appointed

under the Ordinance of 19th January, 1861.

«

Sec. 1. Be it ordained by the ijeople of Alabama in Con-
vention assembled, That thestaff of the Major-General, ap-
pointed under the provisions of an ordinance entitled "an
Ordinance to provide for the military defense of the State
of Alabama," adopted January the 19th, 1861, shall be
the same as that of a Major-General of the militia of the
State of Alabama, and shall be appointed by said Major-
General.

Adopted, March 12, 1861.



No. 26.] AN ORDINANCE

To provide for the sale of Provisions belonging to this
State, and for other purposes.

Sec. 1. Be it ordained by the State of Alabama in Con-
vention assembled, That the Governor of Alabama is au-
thorized to sell to the Confederate States of America, all
provisions and military and Quartermaster's stores not
needed by this State. And in the event the Confederate
States shall not purchase all of said stores or provisions
as will not be needed by this State, then the Governor
shall dispose of them at his discretion.

Adopted, March 12th, 1861.



-to

No. -7 J AX OKDIXAXCE

To confer upon the Government of the Confederate States
of America jurisdiction over the Custom House aud
Miuiiic Hospital, at Mol»ih*, and eortain Liglit lluuset*,
Li-^-lits and Buoys, in Mobile Bay, and for otli<r pur-
poses.

Sec. 1. Be it ordained b}f the people of Alabama iii Con-
r ^f(d, aiul it is hcrcbi/ 01'daifud lii/ llt( av;' >'

li' , 1 I at the Government of the Confederal -

of America is hereby authorized to use, occupy and hold
possession of the lot and tenement in the city of I\Iobile,
knowu and designated as the United States Custom
llourte, and also the lot and tenement known and desig-
nated as the United States Marine Hospital, and their
appurtenances; and that the same Government is fnrtlier
authorized to use, hold and occupy, and take under its
rhargo and control, the Light Houses at Choctaw I'oint,
Mobile Point, and Sand Island, and the Range Liglit and
Buoys in Mobile Bay, and to repair, and rebuihl, and
alter the same, in its discretion it may deem advisable for
the public interests.

Si-:c. 2. And be it furlin r iiidaimd, That the Jirvenue
Cutter, Lewis Cass, attached to, and in the service ot said
Custom House, be, and is hereby, turned over to the Gov-
ernment of the Confederate States of America.

She. iJ. And be it further ordained, That this ordinance
shall be, and remain in full force until repealed by a Con-
vention of the j)eoi)le of Alabama.

Adopted, March 12, 18lil.



41
N"o. 28.] AN ORDINANCE

To transfer to the Government of the Confederate States
of America the money in the hands of the Collector at
the Port of Mobile.

Sec. 1 Be it ordaimd bij the peoi~)le of Alabama in Con-
vention assembled, and it is hereby ordained by aidlioriiy of the
same, That the Collector at the Port of Mobile is hereby
authorized and instructed to pay over to the proper De-
partment of the Government of the Confederate States
of America, all such moneys as he may have had in hand
at the date of his report to the Governor of the State of
Alabama, on the first day of March, A. D. 1861, and all
such as may have been since received in payment of du-
ties, or on bonds given for duties, or that may be so re-
ceived up to the date of the proposed transfer to the Gov-
ernment of the Confederate States; and that he be au-
thorized to take from said Government receipts and. ac-
quittances for the same : Provided, that the said Govern-
ment of the Confederate States shall account for all such
moneys as it may receive under this ordinance upon a
general settlement of its affairs with the Government of
the United States.

Sec. 2. A7id be it further enacted, That upon a full
compliance with this ordinance, and the production to the
Governor of the State of satisfactory evidence from the
government of the Confederate States that it has been com-
plied with, the Governor be, and ho is hereby, authorized
to cause to be cancelled the ofHcial bond heretofore given
by the said Collector to the State of Alabama, under a
former ordinance of this Convention, and now on file
among the archives of the State.

Adopted, March 12, 1861.



42

No. 29.] AN ORDINANCE

111 relation to the 2cl Volunteer Kegiraent of Alabama,
and for other purposes.

Be it ordained bi/ the people of the State of Alabama in Con-
vention o^scmbled^ That the ordinance of Jmuary 23<1, 18G1,
"to ro-orijanize the militia of the State of Alabama,"
does not, and was not intended to apply to any volunteer
reginu'nt or company of Alabama then in the actual ser-
vice of the State.

Sec. 2. Be it further ordained, That the commissions
hereafter issued to the officers of said regiments or com-
panies, are hereby contirmed ; and the Governor of the
State is hereby empowered to issue commissions to offi-
cers of said regiments or companies, elected or appointed
according to the constitution, rules and regulations of the
same, in case of vacancy by death, removal or other cause :
Prociil'd, that the foregoing ordinance may at any time
be altered, amended, or repealed, by the Legislature of
the State.

Adopted, March 13th, 1861.



No. 30.] AN ORDINANCE

To ratify and adopt the Oonstitntion of the Confederate
States of America.

Be it ordained by the people of Alabama in Convention as-
sembled, That the Constitution framed and adopted on
the 11th day of March, 1861, by the Deputies from the
States of South Carolina, Georgia, Florida, Alabama,
Missirtsijipi, Louisiana and Texas, in Convention assem-
bled, at Montgomery, Alabama, be, and the same is here-
by, ajiproved, ratified and adopted, as the Federal Consti-
tution for the people of Alabama.

Done in Convention on the 13th day of March, 1861.



43
No. 31.J AN ORDINANCE

In reference to the construction of all chanffes made in
the Constitution of the State of Alabama,

Sec. 1. Be it ordained by the people of the State of Ala-
bama in Coiicention assembled, That no change made in the
Constitution of the State of Ahibama by this Conven-
tion shall have the effect to divest any right, title, or legal
trust, existing at the time of making such change. But
all such changes shall have a prospective, and not a re-
trospective effect, unless otherwise declared in the change
itself.

Adopted, March 14, 1861.



No. 32.] AN ORDINANCE

To confer jurisdiction over the Forts and Arsenals in the
State of Alabama upon the Confederate States of
America.

Sec. 1. Be it ordained by the people of Alabama in Con-
vention assembled^ That the Provisional Government of the
Confederate States is hereby authorized to use, occupy,
and hold possession of all forts, navy yards, and arsenals,
and their appurtenances in this State, and shall repair and
re-build said forts and arsenals, at its discretion, until this
ordinance is repealed bj- a convention of the people of
this State.

Adopted, March 14, 1861.



44

Np. 88.] AX OKDINANCE

To amend certain pjirts of Chapter one, of Title two, of
Part two, of the Code of Ahihania, so as to place the
lmlder«j of Stocks of the Oonfo«lerate States of America,
an«l of the State of Alabama, on equal footing with
the holders of United Slates Stocks.

Si 1 . 1 . /<< it ordained by (he 2Jcople,of the Slate of Ala-
hauKi ill. Convention assembled, That section 1373 of the
Code o( Alabama be amended b}- striking out the words
"United States," where they occur, and inserting in lieu
thereof the words "Confederate States of America."

Sk<'. 2. Be it further ordained^ That section 1375 of
the C-iUe of Alabama be amended, by striking out all
except the number thereof and inserting in lieu thereof
the w<irtlti following: "On legally transferring to the
Cninpirollor sufh portion of the stock of the CVmfedcrate
States of America, or of the StsUe of.Alabaina, as is i»rc-
scribcd by section 1376 of thix Code, such person or asso-
ciation desirous to engage in the busjiness of banking in
thiA State, or engaged in such business in this State, is
entitled to receive from the comptroller an amount of
such conntersigned notes e{iual to double the market
value, but not to exceed double the amount of the par
value of such stocks. And any person or association en-
L^V-^'d in such business, having deposited with the Comp-
1 Killer any stoeks of the United States, or of any other
State, under the law as heretofore existing, may withdraw
such stocks upon lirst dejiosifeing with the Comptroller an
amount of the stocks of the Confederate States, or of the
State of Alabama, equal in value to the amount of the
stocks of t,he United States of America so withdrawn.
But no person not a citizen of this State, and no foreign
corporation shall hereafter engage in the business of bank-
ing in this State, nor shall in any way be a stockholder
in a hank under the provisions of this law; but nothing
herein contained shall atiect the rights of any person or



associarion nowensiia^ea i n fn e b u 51 n g^oT oa n ki n g u n a er
the provisions of the law as herv:- .ifore existing."

Sec, 3. Be it further ordained^ That section 1393 of the
Code of Alabama be amciulod b}' striking out the words
"United States," where the}'^ occur.-and inserting in lieu
thereof the words "Confederate States of America."

Sec. 4. Be it further ordained. That the next or any
subsequent Legislature may require any Free Bank, now
or hereafter organized under this law, to retire its circu-
lation so as to reduce the amount of the same, to an
amount not to exceed the market value of the bonds de-
posited with the Comptroller, and the amount so retired
shall be returned to, and cancelled by, the Comptroller.

Adopted, March 16, 1861.



N'o. 34.] AN ORDINANCE

To lay off the State of Alabama into nine Congressional

Districts.

Sec. 1. Be it ordained by the ]yeo2)le of Alabama in Con-
vention assembled; That for the election of representatives
in Congress of the Confederate States of America, this
State is divided into nine Congressional Districts, as fol-
lows: The first District is composed of the counties of
Lauderdale, Franklin, Lawrence, Limestone, Madison,
and Morgan ; the second District of Marion, Winston,
Blount, Jefferson, "Walker, Tuscaloosa, and Fayette; the
third District of the counties of Jackson, Marshall, De-
Kalb, Cherokee, and St. Clair; the fourth District of the
counties of Calhoun, Randolph, TalKadcga, and Shelby;
the fifth district of the counties of Bibb, Perry, Marengo,
Greene, Pickens, Sumter, and Choctaw; the sixth Dis-
trict of the counties of DaUas, Autauga, Coosa, Lowndes,
Butler, and Montgomery: the seventh District of the



40

coUntle-i v)f Tallapoosa, Cliambers, Russell, and Macon ;
the eiglith District ol lie counties of Barbour, llenry^
Dale, Coflee, Pike, and Covington ; the ninth District of
the counties of Conecuh, Monroe, Wilcox, Clarke, Wash-
ington, Mobile, and Baldwin.

fSEc. iJ. JBe it farther ordained, That the sherifls of the
counties of Lawrence, Walker, Marshall, Talladega,
Greene, Lowndes, ^Llcon, Dale and Monroe, are the re»
turning otHcers of their respective Congressional Dis-
tricts, and the sheriffs of the other counties in their dis*
trict must make returns to the returning officers above
mentioned as now prescribed by law,

Se(\ '}. Be it further ordained^ That the ordinance be,
and the same shall remain, in full force until otherwise
provided by the General Assembly of the 8tate of Ala-
bama.

Adopted, March 18, 1861.



No. 35.] AK ORDINANCE)

To rc.-^trict the Legislature in reference to the creation of

debts.

Sec. 1. lie it ordained bij the peoj^le of the Stat*: of Ala-
hanm in Convention assembled^ That the General Assembly
shall not borrow or raise money on the credit of the
State, except for purposes of military defense against ac*
tual or threatened invasion, rebellion, or insurrection.
Unlcps two-thirds of the members elected to ea«^h house
shall ct)ncur. Nor shall the debt or liabilities of any cor*
poralioii, person or persons, or other State be guarantied,


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Online LibraryAlabamaOrdinances and constitution of the state of Alabama : with the constitution of the provisional government and of the Confederate States of America → online text (page 3 of 11)