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Sec. 16. The doors of each house shall be open, except on such occasions as, in the opinion of the house, may require secrecy.

SEC. 17. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which they may be sitting.

SEC. 18. Bills may originate in either house, and be amended, altered, or rejected by the other; but no bill shall have the force of a law, until it be read in each house on three several days, and free discussion thereon be allowed; unless, in case of urgency, four-fifths of the house in which the bill may be depending shall deem it expedient to dispense with this rule; and every bill, having passed both houses, shall be signed by the speaker and president of the respective houses; Provided, That all bills for raising revenue shall originate in the House of Representatives, but may be amended or rejected by the senate as other bills.

Sec. 19. In all elections by the General Assembly, the members shall vote viva voce, and the votes shall be entered on the journals.

Sec. 20. No senator or representative shall, during the term for which he was elected, be elected or appointed to any civil office of profit under this State, except such offices as may be filled by elections by the people.

Sec. 21. Senators and representatives shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest, during the session of the General Assembly, and in going to and returning from the same, allowing one day for every twenty miles such member may reside from the place at which the General Assembly is convened; nor shall any member be liable to answer for anything spoken in debate in either house, in any court or place elsewhere.

Sec. 22. Each member of the General Assembly shall receive from the public treasury such compensation for his services as may be fixed by law; but no increase of compensation shall take effect during the session at which such increase shall have been made.

Sec. 23. When vacancies happen in either house, the governor, or the person exercising the power of governor for the time being, shall issue writs of election to fill such vacancies.

Sec. 24. The House of Representatives shall have the sole power of preferring impeachments; all impeachments shall be tried by the senate; the senators, when sitting for that purpose, shall be on oath or affirmation; and no person shall be convicted under an impeachment, without the concurrence of two-thirds of the senators present.

SEC. 25. It shall be the duty of the General 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 summary mode of adjustment.

Sec. 26. It shall be the duty of the General Assembly, from time to time, as circumstances may require, to frame and adopt a penal code, founded on principles of reformation.

Sec. 27. It shall also be the duty of the General Assembly, within five years after the adoption of this constitution, and within every subsequent period of ten years, to make provision by law for the revision, digesting, and promulgation of all the public statutes of this State, both civil and criminal.

Sec. 28. The General Assembly shall have power to pass such penal laws as they may deem expedient to suppress the evil practice of duelling, extending to disqualification to hold office.

SEC. 29. It shall be the duty of the General Assembly to regulate by law the cases in which deductions shall be made from the salaries of public officers, for neglect of duty in their official capacities, and the amount of such deductions.

Sec. 30. Divorces from the bonds of matrimony shall not be granted, but in the cases by law provided for, and by suit in chancery; but decrees in chancery for divorce shall be final, unless appealed from, in the manner prescribed by law, within three months from the date of the enrolment thereof.

Sec. 31. It shall be the duty of the General Assembly, at its next session, and from time to time thereafter as it may deem proper, to enact laws prohibiting the intermarriage of white persons with negroes, or with persons of mixed blood, declaring such marriages null and void ab initio, and making the parties to any such marriage subject to criminal prosecutions, with such penalties as may be by law prescribed.

SEC. 32. The General Assembly shall make provision by law for obtaining correct knowledge of the several objects proper for improvement in relation to the roads and navigable waters in this State, and for making a systematic and economical application of the means appropriated to those objects.

SEC. 33. The General Assembly shall, from time to time, enact necessary and proper laws for the encouragement of schools and the means of education; shall take proper measures to preserve from waste or damage such lands as have been or may be granted by the United States for the use of schools in each township in this State, and apply the funds which may be raised from such lands in strict conformity with the object of such grant; shall take like measures for the improvement of such lands as have been or may hereafter be granted by the United States to this State for the support of a seminary of learning; and the money which may be raised from such lands, by rent, lease, or sale, or from any other quarter, for the purpose a foresaid, shall be and forever remain a fund for the exclusive support of a State university for the promotion of the arts, literature, and the sciences; and it shall be the duty of the General Assembly to provide by law effectual means for the improvement and permanent Security of the funds of such institution.

SEC. 34. Not more than one bank shall be established, nor more than one bank charter be renewed, at any one session of the Generai Assembly; nor shall any bank be established, nor any bank charter be renewed, without the concurrence of two-thirds of each house of the General Assembly, and in conformity with the following rules—that

is to say:

Rule 1. The stockholders shall be respectively liable for the debts of the bank in proportion to the amount of their stock.

Rule 2. The remedy for the collection of debts shall be reciprocal for and against the bank.

Rule 3. No bank shall commence operations, until one-half of the capital stock subscribed for be actually paid in gold and silver; which amount shall, in no case, be less than one hundred thousand lollars.

Rule 1. If any bank shall 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 such bill, note, or obligation, shall be entitled to receive and recover interest thereon until paid, or until specie payments are resumed by the bank, at the rate of twelve per centum per annum from the date of such demand; unless the General Assembly shall, by a vote of two-thirds of each house thereof, sanction such suspension of specie payments.

Rule 5. Whenever any bank suspends specie payments, its charter is thereby forfeited; unless such suspension shall be sanctioned and legalized, at the next session of the General Assembly, by a vote of two-thirds of each house thereof.

Sec. 35. The General Assembly shall provide by law for organizing and disciplining the militia of this State, in such manner as they may deem expedient, not incompatible with the Constitution and laws of the United States; shall fix the rank of all staff officers, and prescribe the manner in which all officers shall be appointed or elected : Provided, That no other officers than adjutants-general and quartermasters-general shall be appointed by the General Assembly: And provided further, That major-generals shall appoint their aides and all division and staff officers, brigadier-generals shall appoint their aides and all other brigade staff officers, and colonels shall appoint their regimental staff officers.

Sec. 36. It shall be the duty of the General Assembly, at its next session, and from time to time thereafter, to enact such laws as will protect the freedmen of this State in the full enjoyment of all their rights of person and property, and guard them and the State against any evils that may arise from their sudden emancipation.

Sec. 37. No money shall be drawn from the treasury, but in pursuance of an appropriation made by law; and a regular statement and account of the receipts and expenditures of all public moneys shall be published annually, in such manner as may be by law directed.

Sec. 38. No special law shall be enacted for the benefit of individuals or corporations, in cases which are provided for by a general law, or where the relief sought can be given by any court of this state.

Sec. 39. All lands liable to taxation in this State, shall be taxed in proportion to their value.

Sec. 40. No power to levy taxes shall be delegated to individuals or private corporations.

SEC. 41. The general assembly shall not borrow or raise money on the credit of the State, (except for purposes of military defence against actual or threatened invasion, rebellion, or insurrection,) without the concurrence of two-thirds of the members of each house; nor shall the debts or liabilities of any corporation, person, or persons, or other State, be guaranteed, nor any money, credit, or other thing, be loaned or given away, except by a like concurrence of each house; and the votes shall in each case, be taken by yeas and nays, and be entered on the journals.

SEC. 42. In the event of the annexation of any foreign territory to this State, the general assembly shall enact laws, extending to the inhabitants of the acquired territory all the rights and privileges which may be required by the terms of the acquisition; anything in this constitution to the contrary notwithstanding.

7251-VOL 1-07-11

ARTICLE V

EXE('UTIVE DEPARTMENT

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SECTION 1. The supreme executive power of this State shall be vested in a chief magistrate, who shall be styled the governor of the State of Alabama.

Sec. 2. The governor shall be elected by the qualified electors, at the time and places at which they shall respectively vote for representatives.

Sec. 3. The returns of every election for governor shall be sealed up, and transmitted to the seat of government, directed to the speaker of the house of representatives, who shall, during the first week of the session, open and publish them in the presence of both houses of the general assembly. The person having the highest number of votes shall be governor; but, if two or more shall be equal and highest in votes, one of them shall be chosen governor by the joint vote of both houses. Contested elections for governor shall be determined by both houses of the general assembly, in such manner as shall be prescribed by law.

SEC. 4. The governor shall hold his oflice for the term of two years from the time of his installation, and until his successor shall be qualified, but shall not be eligible for more than four years in any term of six years; he shall be at least thirty years of age, a native citizen of the United States, and shall have resided in this State at least four years next preceding the day of his election.

Sec. 5. Ile shall, at stated times, receive a compensation for his services, which shall not be either increased or diminished during the term for which he shall have been elected.

Sec. 6. He shall always reside, during the session of the General Assembly, at the place where their session may be held, and at other times wherever, in their opinion, the public good may require.

Sec. 7. Ile shall be commander-in-chief of the army and navy of this State, and of the militia thereof, except when they shall be called into the service of the United States; and when acting in the service of the United States, the General Assembly shall fix his rank.

Sec. 8. IIe shall have power to call forth the militia to execute the laws of the State, to suppress insurrections, and to repel invasions; and shall appoint his aides-de-camp.

Sec. 9. He may require from the secretary of state, the comptroller of public accounts, and the state treasurer, information in writing on any subject relating to the duties of their respective offices.

Sec. 10. He may, by proclamation, on extraordinary occasions, convene the general assembly at the seat of government, or at a different place, if, since their last adjournment, that shall have become dangerous, from an enemy, or from contagious disorders; and in case of disagreement between the two houses, with respect to the time of adjournment, he may adjourn them to such time as he may think proper, not beyond the day of the next annual meeting of the General Assembly.

SEC. 11. He shall, from time to time, give to the General Assembly information of the state of the government, and recommend to their consideration such measures as he may deem expedient.

Sec. 12. He shall take care that the laws are faithfully executed.

Sec. 13. In all criminal and penal cases, except those of treason and impeachment, he shall have power to grant reprieves and pardons, and to remit fines and forfeitures, under such rules and regulations as may be prescribed by law; and in cases of treason, he shall have power, by and with the advice and consent of the senate, to grant reprieves and pardons, and, in the recess of the senate, he may respite the sentence until the end of the next session of the General Assembly.

Sec. 14. There shall be a great seal of the State, which shall be kept and used by the governor officially; and the seal now in use shall continue to be the great seal of the State, until another shall have been adopted by the general assembly.

Sec. 15. Vacancies that may happen in offices, the appointment of which is vested in the general assembly, shall, during the recess of the General Assembly, be filled by the governer, by granting commissions, which shall expire at the end of the next session.

SEC. 16. Every bill which shall have passed both houses of the General Assembly, shall be presented to the governor: if he approve, he shall sign it, but if not, he shall return it, with his objections, to the house in which it originated, who shall enter the objections at large upon the journals, and proceed to reconsider it; if, after such reconsideration, a majority of the whole number elected to that house shall agree to pass the bill, it shall be sent, with the objections, to the other house, by whom it shall likewise be reconsidered, and, if approved by a majority of the whole number elected to that house, it shall become a law; but, in such cases, the votes of both houses shall be determined by yeas and nays, and the names of the members voting for or against the bill shall be entered on the journals of each house respectively. If any bill shall not be returned by the governor within five days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he bad signed it; unless the general assembly, by their adjournment, prevent its return, in which case it shall not be a law.

SEC. 17. Every order, resolution, or vote, to which the concurrence of both houses may be necessary, (except on questions of adjournment, and for bringing on elections by the two houses,) shall be presented to the governor, and, before it shall take effect, be approved by him, or, being disapproved, shall be repassed by both houses, according to the rules and limitations prescribed in the case of a bill.

Sec. 18. No person shall, at one and the same time, hold the office of

governor, and any other office or commission, civil or military, either under this State, the United States, or any other State or government.

Sec. 19. In case of the impeachment of the governor, his removal from office, death, refusal to qualify, resignation, or absence from the State, the president of the senate shall exercise all the power and authority appertaining to the office of governor, until the time appointed by the constitution for the election of governor shall arrive (unless the General Assembly shall provide by law for the election of a governor to fill such vacancy,) or until the governor who is absent or impeached shall return or be acquitted, and if, during such vacancy in the office of governor, the president of the senate shall be impeached, removed from office, refuse to qualify, die, resign, or be

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