Alabama.

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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searches and seizures shall not be violated ; aud no war-
rants shall issue but upon probable cause, supported by
oath or affirmation, and particularly describing the place
to be searched, and the persons or things to be seized.

13. No person shall be held to answer for a capital or
otherwise infamous crime, unless on a presentment or
indictment of a grand jury, except in cases arising in the
land or naval forces, or in the militia when in actual
service in time of war or public danger; nor shall any
person be subject for the same offence to be twice pat in
jeopardy of life or limb : nor shall be compelled, in any
criminal case, to be a witness against himsel I. i i- be
deprived of life, liberty or property, without due proeeas
of law; nor shall private property be taken tor public
use, without just compensation.

14. In all criminal prosecutions the accused shall
enjoy tljc right to a speedy and public trial, by an im-
partial jury of the State and district wherein the crime
ehnll have been committal, which district shuU have
been previously ascertained by law, and to be informed



119

of the nature and cause of the accusation; to be con-
fronted with the witnesses against him ; to have com-
pulsory process for obtaining witnesses in his favor ; and
to have the assistance of counsel for his defence.

15. In suits at common law, where the value in con*
troversj, shall exceed twenty dollars, the right of trial by
jury shall be preserved; and no fact, tried by a jury,
shall be otherwise re-examined in any Court of the Con-
federacy than according to the rules of the common law.
IG, Excessive bail shall not be required, nor excessive
fines imposed, nor cruel and unusual punishments in-
ilicted.
•* * 17. The enumeration, in the Constitution, of certain

"tights, shall not be construed to deny or disparage others
retained hy the people.

\ ,,18. The powers not delegated to the Confederacy by

The Constitution, nor prohibited by it to the States, are
reserved to the States respectively, or to the people.

■f 19, The judicial power of the Confederacy shall not be
construed to extend to any suit in law or equity, com-
menced or prosecuted against one of the States of the
Confederacy, by citizens of another State, or by citizene
or subjects of any foreign State.

SECTION Viii.

1. Ko State shall enter into any treaty, nllianco, or
confederation ; grant letters of marqUe and reprisal ; coin
money ; emit bills of credit ; make any thing but gold
and silver coin a tender in payment of debts ; pass any
bill of attainder, ex post facto law, or law impairing the
obligation of contracts ; or grant any title of nobility.

2.' No State shall, without the consent of the Congress,
lay any imposts or duties on imports or export?, except
what may be absolutely necessary for exccutjng its in-
spection laws; and the net produce of all duties and
imposts, laid by any State on imports or exports, shall
be tor tlic use of tht treasury of the Confederacy, and all



Ho



V



iv uuty of tonriii r into a:

ct \\'itJi auot' , nr with a utn luti

- .^0 in war, u i iiuUly inva<lo(1. ov i»

«noh irnraiueut danger as will nt>t ailmit of delay

AHTIOLK n.

SFjrri' •■-• I.
I'lie Exectltivo power shall be vested in a Prcsideut
(11 I lie- Confederate States of America. IIo, together
rrtth the Vice President, shall hold his office for one •
niilil this Provisional. Oovcrnmeht shall 'b& &u- .
>\ by a Permanent Qovernnicnt. ■\vhicbsoo^ or stijw.
;r.

dent and Vice President shall he elqcto^
b} liailot by the States represented iii this Contr' "h •',

Slate CastinsJC on** vote. niuT ;i iniibwit^v nf f]|(> wl (jr_

rctjnvf^ite to elci

;i except a iialiu'id horn citizen, or a cif!^
^.cu -M vMi. i.i ihe States of this Confederacy at the tiine
of the adoption of this Constitution, shall he clifjihh^ to
tlte. office of, Prcadcnt; rreither fhrvll any porso; 1-

"bie to tliat ollicd who ^hall not have attained tbe :(l;c if
tbirfcy-tive years and been fonrtccti years a resident of one
of tliG States of this Confederacy.

4. In case of tlie removal of tlic l.*rc.-Hidcut from olUc
or of his death, resignation, or inability to di.-^churge the
powers and duties of the said oiflce (which inability shall
be determined by a vote of two-tliirde of the Cohgrosa,")
the !<anie shall devolve on the Vice President; and tJic
Congress may by law ]irovide for the case of rcuidVal^^'
death, resiguation or inability, both of the PresidoiiL and
Vice President, declaring what officer shall then a. 1 u.s
President; and such officer sliall act accordincrlv until

. the disability be removed or a President shall !• !.

5. Tho Pro ■' ■ • '^ 1 tiniea r-



121



t sfervice3, during tho period of the Provisional GovGrn-'^
iiient, a compensation at tlic rate of twenty-five tiiousand.
dollars per annum; and he bhall not receive, during tiiat
period, any other emolument from this Confederi^cy, oi'
an}'- of the States thereof. •' '• •< ,

6. Before he enter on the execution of his oflifte, he
shall take the following oath or affirmation :

"I do solemnly swear (or affirm) that I will faithfully
execute the office of President of the Confederate States
of America, and will, to the best of my abilitj-,, preserve,
protect, and defend the Constitution thereof,"

s ''

SECTION IT.

1. The President shallbe Commandcr-in-Cluef of the
Army and Kavy of the Confederacy, and of the Militia of
the several States, when called into the. actual service of
the Confederacy; he may require the opinion, in writing,
of the principal officer in each of the Executi,vc Depart-
ments, upon any subject relating to the duties' of tlieir
respective offices; and he shtiU have poNver to grant reC-
privcs and pardons for offences against the Confederacy,
except in cases of impeachment.

2. He shall haye power, by an4 with the .adWcc Sifld
consent of the Congrei»s, to make treaties, provided twO'
thirds of the Congress concur: and he shall nomimtlo.
and by aud with the advice and consent of tli

shall appoint ambassadors, other public rninisiuo and
consuls, Judges of the Court, and all otjhcr officers of the.'
Confederacy whose appointments are not herein othw-
wise provided for, and which flhall be established by law^.*
But the Congress may, by law, vest the ajijiointirrent of
such inftiior officers as they think i»ro]K->r in the Proi-
dent alone, in the, courts of law, or in tl of <lc.

]jartmcnts.

o. Tho iVcsident *<liiill have po^vcr to fill up all vacan-
cies that uMky happen during the f ecees of \\x(i Congrc«s,
' 10



122



hy granting < shall expire at (he end

of their next session,

SECTION iif.

1. He shall, from time to time, give to the Coiigi-ess
ii)forniulion of the state of the Confederacy, and recom-
mend to their consideration such measures as he shall
judge necessary and expedient ; he may, on extraordinary

, "ions, convene the Congress at such time ns he shall

iv proper; he shall receire ambassadors and other

public minieters; he shall take care that the laws be

fnithfully executed; and shall commission all the ofiicers

uf the Confederacy.

2. The President, Vice President, and all civil officers
of the Confederacy shall be removed from ofBce op con-
viction !)y the Congress ot treason, bribery or other high
crimes and misdemeanors: a vote of two-thirds shall be
uecc.-sary for such conviction.

A.RTICLK IIL

SECTION I.

1. The judicial power of the Confederacy shall be
Vested in one Supreme Court, and in such inferior Courts
as are herein directed, or as the Congress may from time
to time onluiu and establish.

2. Kach State shall constitute a district in which there
shall be a court called a District Court, which, until'^.
otherwise provided by the Congress, shall have the juris*
diction vested by the laws of the United States, as fur as
applicable, in both the District and Circuit Courts of the
Cnited States for that State ; the Judge whereof shall bo '
sppointcd by the I'rosident, by and with the advice and
consent of the Congress, and shall, until otherwise pro-
vided by the Congress, exercise the power and authority
vested by the laws of the United States in the Judges of
the l>istnct and Circuit Courts of the United States, for
that State, and shall appoint tlie times and places at
which the courts shall be held. Appeals may be taken



clirectly from thef Distrifct Courts to the Supreme Court,
under similar regulations to those which are provided in
cases of appeal to the Supreme Court of the United
States or under such other regulations as may be provi-
ded by the Congress. The commissions of all the judges
shall expire with this Provisional Govern nieut.

8. The Supreme Court shall be constituted of all the
District Judges, a majority of whom shall be a quorum,
and shall sit at such times and places as the Conirress
shall appoint.

4. The Congress shall have power to make laws for
the transfer of any causes which were pending in the
Courts of the United States to the Courts of the Confede-
racy, and for the execution of the orders, decrees and
judgments heretofore rendered by the said Courts of the
United States ; and also all laws which may be requisite *
to protect the parties to all such suits, orders, judgments
or decrees, their heirs, personal representatives or as-
signees.

SECTION II.

1. The judicial power shall extend to all cases of law
and equity, arising under this Constitution, the laws of
the United States, and of this Confederacy, and treaties
made, or which shall be made under its authority; to all
cases affecting ambassadors, other public ministers and
consuls ; to all cases of admiralty and maratimc jurisdic-
tion ; to controversies to which the Confederacy shall be
a part}* ; controversies between two or more states ; be-
tween citizens of different States ; between citizens of the
same State, qlaiming lands under grants of diff*ercnt
States.

2. In all cases aff"ecting ambassadors, other public
ministers and consuls, and those in which a State phail be ■•
a party, the Supreme Court shall have original jurisdic-
tion. In all other cases before mentioned, the Supreme
•Court shall have appellate jurisdiction, both as to law



u.



Mu\ Tdct, Vitl. ~ aii<l UMilor ^ucb. ^$ulai^

- the Congress ^llall tuako.

'!" '■ Irinlof all crimos. excei'; m . ..=c:^ vi .iiii^doh-
.! be byjnry, and pueh trial shall l»o licIU in the
>UiU wiiere the caicl crimes shall have been committed;
Lilt when not committed Tvithin anj State, tlic trial ^^haH,
ho a' Kuoh place or ^ilaoL'S as the Con<jress may by law
Lave directed.

i^ECrroN 11 r.

1. Tr<;a(<on against thicj Confederacy shall con:>i-t wuly

ying war against it, or in adhering to its enemies,

^innsj them aid and comfort. N6 persOD shall be con-

' ' of treason unless on the t<^stimony of two witncfsefi

-auie overt act, or on cojifossion in open eonrt.
::. The Congress shall have power to declare th^
puiiibhment of treasc^n ; bnt no attainder of treason i<hall
work corruption pf blood or I'll r.M fur.', ivn'iit .IdiIi) • ilio
iilc 'ii the person attaintcil

Airnci.K \v.

^IXllo^ I.

1. I'^uU faith and <.i\'dil sliall bo given in cm' li Mate
lu.tl 'J ptib" . records, and judicial proceedings of

«. v.'iy .ill.' Aii'l the Congress may, hv l^* ncrafl

';,\ ill which snch : Is,

and prouc'cUing.> .-luiM ! ' ' ' ' ' - h

proof.

1 1.

\. Tlic citir.ons of cruh State shall be entitled to all
piivilegcp and immnn citizens in ilio several

\ p 'I sDii ciiaim'W 111 aiij .ciiiu- Willi Irua-iMi. jvluny
I r crime, who shall flee from justice, and be fouu(l



125

ill another State, shall, on iknnand of the executive
authority of the State from wliich he fled, bo delivered

•4ip, to be removed to the State having jurisdictiou of the

♦ji^ime.

/* 3. A slave in one State escaping to another, shall bo
delivered up on claim of the party to whom said slave
may belong by the executive authority of the State in
which such slave shall be found; and in case of any ab-
duction or forcible i'ese*ii(^, full compensation, iiiohiding
the value of the slave and all costs and expenses, shall be
made to the party by the State in which such ahdnction

•or rescue shall take place.

SECTION TII.

1. The Confederacy shall guarantee to every State in
tills Union a republican form of governtneut, and shall
protect each of them against invasion ; and on applica-
tion of the legislature or of the executive (when the legis-
lature cannot be convened), against domestic violence.

ARTICLE V.

1. The Congress, by a vote of two-thirds, n^iiy, at any
time, alter or amend this Constitution.

ARTICLE VI.

1. This Constitution, and the !aw.s of the Confederacy
which shall be made in pursuance thereof, and all treaties
made, or which shall be made under the authority of the
Confederacy, shall be the supreme law of the land; and
the judges iu every State, shall be bound thereby, any-
thing in the Constitution or laws of any State to the
contrary notwithstanding.

2. The Government hereby instituted shnli take im-
mediate steps for the settlement of all matters 1»ct\veeu
the States forming it, and Iboir other late Confuderatea



126



of the United States, in relation to the public property
and jiublic debt at the time of their withdrawal from
^eni ; these States hereby declaring it to be their wish
and earnest desire to adjust everything pertaining to the
comnjou property, common liability, and common obliga-
tions of that Union, upon the principles of right, justice,
equity and good faith.

4. T'^'ntil otherwise provided by the Congress, the
City of Montgomery, in the State of Alabama, shall be
the scat of Government.

4. The members of the Congress, and all executive
and judicial officers of the Confederacy shall be bound
by oath or aflirmatiou to support this Constitution ; but
no religious test shall be required as a qualilication to an}"
oflibe or public trust under this Confederacy.

5. The Congress shall have power to admit other
States.



CONSTITUTION



OF THE



CONFEDERATE STATES OF AMERICA.



We, the people of the Confederate States, each State
acting in it sovereign and independent character, in order
to form a permanent federal Government, establish jus-
tice, insure domestic tranquility, and secure the blessings
of liberty to ourselves and our posterity — invoking the fa-
vor and guidance of Almighty God — do ordain and es-
tablish this Constitution of the Confederate States of
America.

ARTICLE L

SECTION I.

All legislative powers herein delegated shall be vested
in a Congress of the Confederate States, which shall con-
sist of a Senate and House of Representatives.

SECTION If.

1. The House of Representatives shall be composed of
members chosen avery second year by the peoitlo of the
eeveral States; and the electors in each State shall be cit-
izens of the Confederate States, and have the qualirtca-



128



tioii!» re(|uii»itc for electors of tlio most numerous bninch
of tbe iStatc Legislature ; but no person of foreign birtb,
uot a citizen of the Confederate States, ehall be allowed
t(3 rote for any oiiiccr, civil or political, State or federal. ^

2. So person shall be a Representative who shall not
Lave attained the age of twenty-live years, and l>e a oiti-
xcji of the Conlcderate States, and who shall not, wheA
elected, be an inhabitant of that State in which he shall
be chosen.

3. liopi-esentfitiyes and direct taxes shall be apportign-
ed among the several States which maj^ be included with-
in this Confederacy, according to their rcs]»ectivc numbers
— whicb shiill be determined by adding to the whole num-
ber of free persons, including those bound to service for a
term of years, and excluding Indians not taxed, thrce-
lifths of all slaves. The actual enumeration shall be made
within three years after the first meeting of the Congress
of the Confederate States, and within every subsequent
term often years, in such manner as tliey shall, b}' law,
■discct. ' ,TJi« number of Representatives shall not exceed
one for every fifty thousand, but each State shall have, at
least, one Jieprescntative; and until such enumeration
sball be made, the State of South Carolina shall be enti-
tled to choose six, the State of Georgia ten, the State of
Alabama nine, the State of Florida two, the State of Mis-
sissippi seven, the State of Louisiana six, and tho State of
Texas six. ; ' ..•

4. When vatanuiu.'- happen in ihc rc-prcscntatioTi fVoni
any State, the executive authori'ty thereof shall i^isu,e
writs of election to jd II such vaoancir-.

5. The House of Representatives shall choose their
Sjteaker and other officers, and shall have the sole power
of imi)eachment ; except that any judicial or other federal'
oflicer, resident and acting solely within the limits of any
State, may be imi)eached by a vote ni" two-thirds of both,
branches of tho Le«rislature thereof.



129



SECTIOiSr III.



1. The Senate of the Confederate States shall be com-
posed of two Senators from each State, chosen for six
years by the Legislature thereof, at the regular session-
next immediately preceding the commencement of the
term of service ; and each Senator shall have one vote.

2. Immediately after they shall be assembled, in con-
seq^uence of the first election, they shall be divided as

.'equally as may be into three classes. The scats of the
Senators of the first class shall be vacated at the expiration
of the second year ; of the second class at the expiration

*of the fourth year ; and of the third class at the expiration
of the sixth year ; so that one-third may be chosen every
second year; and if vacancies happen by resignation, or
otherwise, during the recess of the Legislature of any
"State, the Executive thereof ma}'^ make temporary ap-
pointments until the next meeting of the Legislatui*e,
which shall then fill such vacancies.

3. No person shall be a Senator who shall not have at-
tained the age of thirty years, and be a citizen of the Con-
federate States; and who shall not, when elected, be an
inhabitant of the State for which he shall be chosen.

4. The Vice President of the Confederate States shall
be President of the Senate ; but shall have no vote, unless
tbey be equally divided.

5. The Senate shall choose their other oflicers : and
also a President pro tempore in the absence of the Vice
President, or when he shall exercise the offi'^o of Presi-
dent of the Confederate States.

6. The Senate shall have the sole power to try all im-
peachments. When sitting for that purpose, they shall
1)0 on oath or affirmation. When the l*resident of the
Confederate States is tried, the Chief Justice shall pre-
side; and no person shall be convicted without the con-
currence of two-thirds of the members present.

7. Judgment in cases of impeachment shall not extend



130

furtlior ilmii to removal from oftioc, and disqualification
to hol<l and enjoy any office of lionor, trust or pro tit un-
der tiic Confederate States ; but the party convicted shall,
nevertheless, be liable and subject to indictment, trial,
jud^iii'Mit and punishment according to law.

SECTION IV.

1. The times, places and manner of holding elections
for senators and representatives shall be prescribed in each.
State by the Legislature thereof, subject to the provisions
of this Constitution ; but the Congress may, at any time,
by law, make or alter such regulations, except as to the
times and places of choosing Senators.

2. The Congress shall assemble at least once in every
year; and such meeting shall be on the first Monday in
December, unless they shall, by law, appoint a ditfcrcnt
day.

SECTION V.

1. Each House shall be the judge of the eloetioiif?, re-
turns and qualifications of its own members, and a major-
ity of each shall constitute a quorum to do business ; but
a smaller number may adjourn from day to day, and may
be authorized to compel the attendance of absent mem-
bers, in such manuer and under such penalties, as each
House may provide.

2. Each House ma}' determine the rules of its proceed-
ings, punish its members for disorderly behavior, and,
with the concurrence of two-thirds of the whole number,
expel a member.

3. Each House shall keep a journal of its proceedings,
and from time to time publish the same, excepting such
parts as may in their judgment require secrecy; and the
yeas und nays of the members of either House, on any
question, shall at the desire of one-fifth of those present,
be entered on the journal.



131

4. Neither House, during the session of Congress, shall,
without the consent of the other, adjourn for more than
three daj's, nor to any other place than that in which the
two Houses shall be sitting.

SECTION VI.

1. The Senator and Representatives shall receive a com-
pensation for their services, to be ascertained by law, and
paid out of the treasury of the Confederate States. They
shall, in all cases, except treason, felony and broach of the
peace, be privileged from arrest during their attendance
at the session of their respective Houses, and in going to
and returning from the same ; and for any speech or de-
bate in cither House they shall not be questioned in any
other place.

2. ISTo Senator or Representative shall, during the time
for which he was elected, be appointed to any civil office
under the authority of the Confederate States, Which shall
have been created, or the emoluments whereof shall have
been increased during such time ; and no person holding
any office under the Confederate States shall be a mem-
ber of either House during his continuance in office. But

.i^oogress may, by law, grant to the principal officer in
*i^ch of the Executive Departments a seat upon the floor
',f»f either House, with the privilege of discussing any raeas-
*ure appertaining to his department.

SECTION YII.

1. All bills for raising revenue shall originate in the
House of Representatives ; but the iSenate may propose
or concur with amendments as on other bills.

2. Every bill which shall have passed both I f "hall,
before it become a law, be presented to the i . . . iit of
the Confederate States ; if he approve, he shall sign it ;
but if not, he shall return it with his objections, to that



House iu wiiich it shall have originated, who t^r

the objections at largo on their journal, and procciU lo re-
con.si<lor it. If, after such reconsideration, two-tin "1- of
that Uonac shall agreoto ynvus the bill, it shall b
together with the objections, to the other Ilouse, by which
it phail likewise be reconsidered, and if approved l>v two-
thirds of that lIou.se, it shall become a law. r>at in all
sncK.casQS, the votes of both Houses shall be determined
by yoas and nays ; and the names of the persons voting
for an<l against the bill sliall be entered on the journal of
each House respectively. If any bill shall not be return-
ed by the 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 adjournment, prevent its return, i)i
which ease it yhall not be a law. The President may ap-
prove any a]>propriation and disapprove any other appro-
priation in the same bill. In such case he shall, in sign-
ing the bill, designate the appropriations disapiu'oved ;
and shall return a copy of such ap[iropriations, Avilh his
objections, to the House in which the bill shall hiw
inated ; and the same proceedings shall then be had :u m
case of other bills disap}»roved by the President.

•1 Evoiy ordei', resolution or vote, to w.hich ilir < onmr-
rcnce of both Houses iniN' be necessary (except on u (pies-
tiou of adjournment,) shall be presented to the President
of the Contederate States ; and before the eame shall take
elfect, shall be approved by him ; or being disapproved
by him, shall be repassed by two-thirds of both Houses, ^
according to the rules and limitations prescribed iti
case of a bill.

SECTION \1I1.

The Cuiigies.s shall liavc [(owcr —
1. To lay and collect taxes, duties, imposts and excises,
for ivvenuo necessary to pay the debts, provide lor the



1^- ,

V

comraou defence, and to carry on the Government of the
Confederate States ; but no bounties shall bo granted from
the treasury ; nor shall any duties or taxes on importa-
tions from foreign nations be laid to promote or foster any
branch of industry; and all duties, impost? and excises


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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 9 of 11)