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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shall it contain, at the time, less than one hun-
dredth part of the population of the State, and no
existing county shall be hereafter reduced below
such area or population by the formation of a new

Sec. 17. It shall be the duty of the General ArbUrauon*

Assembly to pass such laws as may be necessary

and proper to decide differences by arbitrators, to

be appointed by the parties, who may choose that

Bummar}^ mode of adjustment. ,*Wf^


Sec. 18. It shall be the duty of the general penaj code.
Assembly, as soon as circumstances will per-
mit, to form a penal code, founded on principles
of reformation.

Sec. 19. Within five years after the adoption
of this Constitution, the body of our laws, civil ^^"* '"'*
and criminal, shall be revised, digested and ar-
ranged, under proper heads, and promulgated,
in such manner as the General Assembly may
direct : and a like revision, digest, and promulga-
tion, shjiU be made within every subsequent
period of ten years,

biic. i:u. The General Assembly shall make

^•. ^ 1 n 1 . • • 1 11 Interna) )m-

provisions by law lor obtaining correct knowledge proretDoni.
of tlie several objects proper for improvement in
relation to the navigable waters, and to tbe roads
in this State, and for making a systoT""*'^ '■'■'
economical application of the means ajj
to those objects.


Skc. 21. In the event of the amu of

any fore gn territory to this State, laws, may be-*^ .
jinssed, extending to the inhabitants of puch ter*". '
ritory, all the riglitg and privileges which may be.^l^
required by the terms of such acquisition : ahy**^ *,
thing in this constitution to the contrary noVf
withstanding. '''* ■'


Schools, and the means of education, shall for-
ever be encouraged in this State ; and the General
y^.^ .^ Assembly shall take measures to preserve, from
unnecessary waste or damage, such lands as have
been granted by the United States for tlie use of
schools, within each township in this State, and
apply the funds, which may be raised from such
lands, in strict conformity to the object of such
grant. The (Jencral Assembly shall take like
measures for the improvement of such lands as > '*
have been granted by the United States to this '
State, tor the support of a seminary of learning, ^*'-*-

'»'. and the moneys which may bo raised from such

lands, by rent, lease, or sale, or from any other
quarter, for the purpose aforesaid, shall be and
remain a fund for the exclusive support of a State
University, for the promotion of the arts, litera-
ture and the sciences ; and it shall be the dut}' of
the (Jeneral Assembly, as early as may be, to pro-
vide effectual means for the improvement and

'.• permanent security of the funds and endowments


of such in^^titution.

SiiCTioN 1. No bank shall be established, nor


bank charter renewed under the authority of 'this' * '
State, without the concurrence of two-third? of
each house of the General Asseni])ly.

•D-]^c.'2. . Not more than one bank sliall be
established, nor bank charter renewed at any one
sesaiou of the General Asseuibly, nor shall any
bank T>e established, or bauk charter renewed,
but ill conformity with the following rules.

1. The stockholders shall be liable respectively uu,^
for the debts of the bank in proportion to their
stock holden therein.

2. The remedy for collecting debts ehall be
reciprocal for and against the bank.


3. No bank shall commence operations until.Ruie. • ^
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.

4. Should any bank 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 some shall be paid, or
!3pecie payments arc resumed by said bank, at the
rate of twelve per cent, per annum from the dato

of subh demand, unless, the General Asaerably
shnll sanction such suspension of ppccie payments
by a vote of two-thivi - r^r nn..h i,,.n.-,^ ,^fi^,.. rj..,)-
eral Assembly.

'". Whenever any bank suspends spfcie pay- ^ ;^
mcnl-, tlie charter is thereby forfeited, unlcfS pnr-U
9 -


isiHppusion is legalized, a^ is provided by th6 jirc*
(.•ediiiu: rule at tbc then next ensuing sessiou of
I he (Iciicral Assembly after such tjuspon.^ion.


M.< Tj<'.\ J. iSo shive iu lUis dilate thail hv
oinancipated hy any act done to take crtecl in tbi^'
Htate, or any other country.

.SiX'. 2. The humane trcatiueiit of &laA*os sb^\ll
bo secured by law.

Sec. 3. Laws may be enacted to prohjijit the
introchiclion into this State, of slaves who have
coimniftcd lii2;h crimes in other States or terri-
legulate or prevent the introductioii ,
ul iluvci luLcj this State as Tiierchandise.

Skc. 4. In the prosecution of slaves for crimes,
of a higher grade than petit larceny, the Generai
Asseinhly shall have no power to deprive them of
an impartial trial by a petit jury.

Any person who .shall maliciously dis-
member or deprive a slave of life, shall snffur
>iuch jtunishmcnt a.s would be inflicted iu case the
like otleuse had been conunitted on a free white
jiersou, aud on the like proof, except iu case o{
insurre'tioii of such '^lave.

i»Aii'T r.


Sec. 1. That no inconvenience may arise from
J^ change of territorial to a permanent State gov-


jrnmout, it is declared that all rights, actions, r;eia,i.,.
prosecutions, claims, and contracts, as well of in-t!o*^'#l'.

. ,jdividuals, as of bodies corporate, shall continue aa' ■ •' ' •
if no such change had taken place ; and all pro-
cess, which shall, before the third Monday in Sep-
Jiembcr next, bo issued in the name of the Ala-

..Jljania territory, shall be as valid as if issued in the
name of the State.

4, Sec. 2. All fines, penalties, forfeitures, and os-,i„p,j.g.
'cheats, accruing to the Alabama territory, shall "*^'''''''
accrue to the use of the State. '•

Sec. 8. The validity of all bonds and recogni-y.j,i^.,j. ,
zances, executed to the Governor office Alabama '^^'.'t'l^j''','
territory, shall not b& impaired b}' the change of*'''
^■government, but may be sued for and recovered
.•*in the name of the Governor of the State of Ala-
bama, and his succiBSSors in office ; and iill crimi-
. .iial and penal actions, arising or now depending
Cwithiu the limits of this State, shall be prosccu-
/iped to judgment and execution in the name of
'said State, all causes of action arising to individ-
uills, and all suits at law or in equity, now de-
pending in the several courts, within the limits of
•^his State, and not already barred by law, may be
'"fommenced in, or transferred to, such courts as
may have jurisdiction thereof.

Skc. 4. All officers, civil or military, noWT(.„it<,v:^
holding commissiong under the authority of tht
United States, or of the Alabama territory, with-
in this State, shall continue to hold and cxcreiae
Iheir respective otfices under the authority of this
State, until they shall be superseded under the
autliority of this Constitution, and shall rtcc'ive
froin the treasury of this State, the saiueconipen-
eation which they beretofbre received, in pro]»u!-

^ bpl^o omjtioypfl. The

. ... r to fill vacancies bv

i^^jous, to c; soon «?* i»lorti<>nft-or «p-

]^i»iiilnicnt«! can W in :v\-

tli:-»riry of th:- '' '-'•;! ;-■',.

:ui(l {)arfs of laws, how \u
torco ill the A!yb;.iiia torrltoiy, A^'l>i<>b lire not rft-
l'nir!i;iiit to tbe jirovidions of tbia Gonalitutiou,
I inae nnd remain ul 'ibfce^ayB tlje laws' df
tbis State, ujitU they ^xpirb bv tbeir owii liinltt}-'
tion; or sliall be allcrcfl, o^ '-..u.. i]..,! ^^^^ flj^-^ T,og-.

TO ins .'?sc^.sioN'Of Tiis iJtJi'iB or Ai^- •

nir INITED wAtef.

(f ahd or darned b^tfiQ petiph
fj !,'" ^v ■ ■""/I'd in Cnmci>(ion n.'^^cmblM^ •

•Tliivt. tbe S Vbibaiua now, vvitlulraws, and 19

hereby "iMthdr^vi'ti from tbeXTuioii^ kno\<'n n^ ,*?tUe
United States of America," and benct^fortb coases
to bo one of said United States, and is, and of •
t\t^ti onght to he-W^'-Sibuermin.xfi.Yy^MndxiHiHUnt

Skc. -. I'f ■'V'rli-crilcrhu-cdcndbrdllbudbyihx'

}Vi)['l> of (Jii s/<tit vf Ah'bcaiui in' Convndion asseini-
i'lo^^y Tbat r11 tbe powcrn qvcrtlicterritory of fiJiid
Htat«5 qM ovej.tbc' peQi)lo tH^rboi; berctofcne <ieU
n!:;ntC'd*to tbc government of the United States d¥
.Ameriea, be', and t bey are ben -by withdrawn from
Raid <afovernment, arid are hi>rel»v resumed and
Vested, ip tbe -peo^ilK of tbi '■' Alabama,



Sec. 8. Be it ordained bu the people of Alabama i'^-i^>f'caihm
in Convention Asscmbccd. That tlic GonstitntiOD''''^"''""*'"
framed and adopted on .tho of March,^'-'' •
1861,byftll^ Deputies from tha.'Statos of South
Oai'oHun, Georgia, Florida, Alabama, Mississippi,
!(, and Texas, in convention assembled, at
. Montgomer}', Alabama, be, and the same ishe^'c-
by APPROVED, RATIFIED aud ADQPiED,;as the Fqdevdl ' jf/j,* *
Constitution for the people of AUibama.


Sjcc. 1 . No law enacted by the antlinrity of the yo uiw t>f^
, State of Alabama, in force on the lUhday of Jan-<iii.»nco'«i''
naj'y, A..D..J l^j31,aud joOiKSisteut with ,tbe Con- ..^. '
stitatibn of this State, and not inconsistent with
the ordinances of this Convention, is aii'Octed by
the ordinance known as the Ordinance of ' Sed(:rs-' ■ /
aion, adojited on said <]ay, and entitled "An Or-
dinance to dissolve the Union between th^ State
of Alabama and other States, united nnder, the
compact styled the Oojistitotion of the United

Siic. 2. No office, civil or military, created l)y ^„,,,,
this State, or under t\\& authority of its laws, Sn ^.'Ji,; ,
force on the eleveutli day of January, A. D., IHOly""""
and no ofttcer lawfully excrdising tho powers or
duties of such office, is aftected by -said Ordinance

• pfSepession, ex<;ep^ the offi<ies. af the membora'.ot •

• . tire noust of Representatives, and of the' Senators -ExcLi'ifrni.

, • of th€ Couijress of tho Limited States of America,

• • •*• . .

• 'And the-ie are abrogated.

Stlo. 3. No offense a£Cain:^t the laws ofthi?

• State, committed before or since tho adoption of',

said Ordinance of SGccsaion, is affected by paid i,.i i^ - i
ordinance, and no offender against said law.-;, i# ''•'^""*"'
relieved or discharged from the cousequcuce.s i


«»uci» otknso by .^aid orilinaiico; ami no amcree-
incMit, iiiic, penalt), forfcituie, escheat, bond, or *
rci >irtiizancc, accruing or eiuiriuaf, iu whole or in
ynrt* t«^ the State of Ahibnma, whether in nttron
'■'• ""■ "KlgmcDt, is ullccted by saij ordinance.

4. No bond issued by authority of the

f tiiid State, or biHs or coin laWfnlly used afi.

r' i»or<>c mv»ii<iy. iii thn Stat«, and no bond, ohlis^ation,

jdobt or duty, duo or owing to this State, or cnur-

' inV. in whole or ia part, to this State, before or

he adoiHion. of said ordinance, I5 aii^ctad

ill.'- :'v. ; \-

> .' . .'). No [tiocciis ur['i\)coot]iii!^ i)i' any Colirt
~ State, is '11110 cted by said Ordinance of Se-

\ :mc. 6. Ho. rjf^ht, title, fianohise, oanenieMt, li-

i.\r,-:oii (luse or pnvilege ;E:i\'cn,. granted or conferred to,
• , or'npuu ai»y per^ion or body corporate, under and

Ijy nuthority of'tho laic's of this State, and no nght
ol iKt^^cssion or property, action or prosecution,
^\t]>\ rluiiQ, contract, agrceuiont, obligation, debt '
y, ol" any. persoii Of body coi'portite, is afliakit)-
Lii by. ^^aid Ordinance of Socessiou, unless the same
iiiiMconbistent with-saidonUnance, arisatl:eif''>' bv
Sonic other gnliuance of this Convention^.

yp- f^Ec. 7. No riffhts acquired, or vet?ted in any
body corjioratc under the Oonatitntioiioi the Uni-
ted ytatCi*. or under an}' act of Congress parsed in
]iur.iuance tliereof, or under any law of this Statej
and not inconiputible with sail} Ordinance oi*§^
ccfl^iftu, is-alfected by said ordinance.

' .. "'.• *; 'oifAPTER HI.


^tjEc. 1. Jiiit"!' ' :i tht 'peopUqf U\e S^f^jof


Alabama in ConvmUoti asscmhlcdj That no change
made iu the Coustitution of the 8tate of Ahal)ania,
by thia Oonvention, shall have the effect to div'cat
any riglit, title, or legal trust existing at tho time
of making such change. But all such changes
shull-hav<i a prospGctive and not a rctrospectivG
effect, ufvless ^ otherwise declared in the change
itf^elf. • ' '

Sec. 2. Be U ordained by the i^eople .6f Alahnma
in ConVcniioli assembled, That, an ordinance adopt-
ed by the people of this State, in Convention, at
Hnntsville, ou the second day of August, oue
thousand eight hundred and nineteen, disclaiming
forever all right to the waste or unappropriated
lands lying. within this State, is hereby repealed ;
but the navigable waters of this State shall remain
forever free to the citizens of this State, and of
such States as m,ay unite with the State of Ala-
bama, in a Southern slaVeholcling Confederacy.
But no right heretofore obtained, by an}' person
or corporation, to erect a bridge, or bridges, across
the na^-igable waters of this State, .shall be affect-
ed hy this ordinance ; Provided, That the uaviga -
tiou of such rivers be not obstructed thcrt'liy.

amending or revising the Const 10' (


^\\Q General Assembly whenever two-thirds of
each House shall deem it ihccessary, may propoao
amendments to this (\>!istitntion, which proposed
anion dm cuts, shall be duly published in print, at
least three months before the next g^-neral Sec-
tion of Representatives, for tlie considemtion of


the i/cpj»l^, audit shall b« tb© duty of the sevtjraL
ir olSctirs, at the next geiioral doction
w;;. '. iiiill bo li(!l<l lor Hu^trosc ; :' . (o opou
u [>u!l lur, mul make a return to ' n'turv of

fetate,.for the.tliue bgiti^, of the uames of all those
voting for Koprcpcntativcs who havu N*>J:ed on
auolj propoccd anieudijients, and it^ thereupon, .it
^Lail at>iiufU' that a ninjoritj of aH the trti/?*jn3 of
(his 8tfttc, votiug for Kcprcsoutativos, tum^ rote^ .
in favor of sruch proposed amendments, and tyro- •
thirds oicach Jloubc ot the next General A>«cra-
blv, shall, after such an election, and hefbro. an-
other, ratify the same amoidments by ijtus and
iu'jj,<. they shall bo valid, to all intents and pur-
poses, Hi parts of this Constitution ; J^rovUk4^ .
That the said propoiied amendments thall, at each
of the said sessionrf, liave been read thii^' liino-,
on three several day«, iu each House;
farlUr, That a Convention of the people of ihQ
iStato may be called by a vote of two-thinl^ of
each hrancli of tlio General Assembly, under such
rulttj and rej^ulations as the Legislature m^ay prc-
acribe, to amend the Constitution or for any other

/\ui>[iU'u iiy LiM- jicdplc of AlabaiiKi, l»y lliO
nnanimoua vote of their dclei;*ates in CA>nvon+Ton'' .
{Miyembled^ ab - the Capitol, in the city of Mont-,!
gon)try, on this the twentieth day of March, in
the year of «ur iionl, one tho"<isand (ielit Iiiiiidrcd
and sixty-one, and ol' iln.- Con'fedr: of

Amfei^fitt i\Mi iji^tyeur.


Tresident of the Convention of the peojileof
tlio fcjtate of Alabama.

Attest— A. (J. JloH.N.

yccrci Convention.



,^ Vwi; liii-:

% *



.iWq, tlie t)eputies of the Sovereign aud IiidL'pendent
8tates of South Carolina, Georgia, Florida, Alahama,
Mi.ssiseijjpiaud Louisiana, invoking the favor of Almighty
God, do hereby, in behalf of these States, ordain and es-
tablish thie Constitution for the Provisional Governmfeut
of the same: to continue one year from tlu) inagnmtion
of the rrcsideut, or until a permanent Coiistitutiou or
Coj^federation between the said Srtates fehall ht puth> op-
eration, whichsoever shall first occur.


A ' i\vcrs luTciii <K'i' ,:..ii''ii

in ' ^ now assembled, until





\yTien vJkJah^i^s happen iu the representAtiou f/opi an
Skate, the fearae shall bofilleilin tjuch manner aa the pvO]
cr si^uthbriHes of tht5"^tatc ghall direct.


1.' The Of)ugreas shall be tlie jucU^ of the election's, ye-
tnrns ami tjualifications of its monibers: any nnmbcr of
Deputies ti'oui a majority of the States being present, biiaU
constitute a quorum to do business; but a emall.-r nnrtit*
ber may adjourn from day to day, and may be authoriKO<l''
to oonipel the attondanco of absent members ; upou all
questions before the Congress, each State shallbc entitled
t^ one ,vT>to, and shall he represented by any one or more
ofits Dtjpnties who may be present.

fi. The Congress may determine the rules of its'pto-
eeijdivgs, punish its members for disorderly behavloij and,
with the concul-rencc of two-thirds, expel a member.

8. The Congress shall keep a journal of its procoiiUin^,
and from time to time publish the same, excepting ench
pai't;^ as may in their judgment require secrecy : and the
yeas and nays of the members on any question, shall at the
deairfc of one-tifbh of those present, ot at the instauec of ,.
anv ate, be entered on the journal. ^»


The mefiiherg .of Congress shall rccdve a corapeiUation
fdrtfieir services, to be ascertained by law, and paid" out ,
of the treiistiry of the Confederacy. They shall in all
(^es, except treason, felony and breach of the peace, bo
privilyged from ari'ost during their attendance at the ses- .
fiion of the Congress, and in going to and returning from
the same; and for any speech or debate, they shall not bo
qucBtioued in any other place.



1. Every bill which shall have passed the Congress,
ehall, before it become a law, be presented to the Presi-
dent of the Confederacy ; if he approve, he shall sign it ;
but if not, he shall return it with his objections, to the
Congress, who shall enter the objections at large on their
journal, and proceed to reconsider it. If, after such re-
cansideration, two-thirds of the Congress shall agree 'to
pass tlu^, bill, it shall become a law. But in all such cases,
the vote shall be determined by yeas iand nays ; and the
names of the persons voting for and against the bill shall
be entered on the journal. If any bill shall hot be return-
ed by tlid President within ten days (Sundays excepted,)
after it shall have been presented to him, the same shall
be a law, in like manner as if he had signed it, unless the
Congress,' by their adjourn nfent, prevent its I'eturnv in
which case it shall not be a law. The President may veto
any appropriation or appropriations and approve anj' oth-
er appropriation or appropriations in the same bill.

2. Every order, resolution or vote, intended tO' have the
force and effect of a law, shall be presented to the Presi-
dent, and before the same shall take effect, shall be ap-
proved by hira, or being disapproved by.him, shall bo re-
passed by two-thirds of the Congress, according to the
rules and limitations prescribed in the case of a bill.

3. Until the inauguration of the President, all bills, or-
ders, resolutions and votes adopted by the Congress shall
be of lull force without approval by him.


1. The Congress shall have power to lay an»i collect
taxc.-i, duties, imposts and ox(;ises, for the revenue necoa-
sary to pay the debts and carry on the Government of the
Confederacy; and all duties, imposts and < -ball be

uniform throughout the States of tbo ConlL Aud

this Cnngn^'is shall also exercise executive po\i ■ 'nitil
tl '■ 'is inaufrurated : -.*7» «^'V»*


.2. Trt h>^rrow uioin.'y <<.. «lit of the Conl>(4erttc^^'

• 3. To rc'i^ulate comnu ii foreign nations, nrd

Bttiong the several States, finii with the Indian tribea ; '. -^

4. To ostahlish a uniforiii rnl •• ■ , ^
uniforui hi\v8 on tlic Mihicct of \<

the ConftuJeraey :

5. To coin money, rcguUtc thja value tl»ero()f uml of
forcigji coin, and fix tl'" ^imi-Im-,] 'of wr^/ht-^ andjivCA^-
uros : *.• 'v •

6. To provide for the punishmcut of counterfeiting the
securities and current coin of the Coufcderacy :

7. To establish post-ofticcs and post-roads :

^. To promote the progress of scienqe and'tiserfbl-jirta,
li i'lgj for limited tinios, to authors and inventors,

11 :-ive ri^ht to their ro^iiective writinsr^^ and dis-

eo>«erios :

f^. To coustitute tribunals inferior to the Sujireme
Court: ^.

10. To defijie and punish piracies and feloiiies^oammit-
tc'l on the' high' seas, au.d otKinces against the la^v o\^ na-
, tions:
• .'11. To declare war, grant iBtt-ers of marque and repri-
^]\ and make rules concerning captures on Ian A and
water :

12. Tn raise and support armies ; butnoai-, ^ .lioa
ofni' that use shall be for a longir term than tU'O '

years :

.13^ To provide and maintain a mivy :

14. ^o "make rules Tor tho government aud regulation
of the laud and naval forces :

l.*). To provide for calling lorth tho mililia tocxocutc
tho laws, of the Confederacy, suppress insurrections, and
n']iel invasions :

10. To provide for ui'gaiu/.iiiL;, armini,^ and (lisc.'i[iiiniug
the militia, and for governing such jiart of them as maj'-
bo employed in the servito of the Confederacy, reserving
io the .Slates respectively iIh- nj.jioinl mcnt of the < "■ i ~.


"nd the authority of training the militia accoiiling to the
isciplinc prescribed by Congress : and
17. To make all laws which shall be necessary and prop-
er for carrying into execution the foregoing powers and
nil other powers expressly delegated by tliis Con-til-ntion
to this Provisional Government.

-r ■ / t^ECTlON VII.

1. -The importation of Africau negroes from anj' foreig?i
co^uti^ other than the slaveholding States of the United
!Sta4;o«,'is hereby forbidden ; and Congress is required to
pass such laws as shall eiFectually prevent the same.

2. The Congress shall also have power to prohibit the
introduction of slaves from any State not a member of
this Confederacy.

3. The privilege of the writ of habeas corpus shall not
be suspended unless, when in cases of rch.oHion or invanion,
the public safety may requirb it.

4. No bill of attainder, or ex post facto law shall bo

•>»^. < No preference shall be given by ahy I'eguhation of
commerce or revenue, to the ports of one State over those
of another; nor shall vessels bound to or from one State
be obliged to enter, clear, or pay duties in another.

6. No money shall be drawn from the treasury but
in consequence of appropriations made by law; and a
regular statement and account of the receipts and expendi-
tures of all public money shall be published from timr^

• time.

7. Congress shall appropriate no money •''"•"'■ ihe
treasury unless it be asked for by the Presidei e
one of the heads of J^epartments, except for the jiui[.08<»

f paying its own expenses and con'" ■'"•■""ies*
^. No title of nobility shall b d by tlio Con-

and no person holding any office of profit of
i; ;• it shall, without the consent of the Congress,

; J,. . ....J i !'-ji.'-, uiiiolumcnt, office, or till- .. :.;:y

kind, whatever, from any king, prince, or foreign State.

9. Congress shall make uo law respecting an cstab-
r, i......T>t of religion or prohibiting the free exercise

. : or abiidgiug the freedom of speech or of the
press J. or the right of tlie people peaceably to assemble,
and to petition the Government for a redress of such
grievances as the delegated powers of this Government
may warrant it to consider and redress;

10. A well regulated militia being necessary to the
security of a free State, the right of tlie people to keep
and bear arms shall not be infringed.

11. No soldier shall, in time of peace, be quartered in
any house without the consent of the owner; nor in time
of war, but iu a manner to be prescribed by la^^ .

12. The right of the people to be secure in their per-
sons, houses, papers, and eflccts against unreasonable

1 2 3 4 5 6 8 10 11

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 8 of 11)