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absent from the State, the speaker of the house of representatives shall, in like manner, administer the government.
SEC. 20. The president of the Senate and the speaker of the House of Representatives shall, during the time they respectively administer the government, receive the same compensation which the governor would have received if he had been employed in the duties of his office.
SECTION 1. The judicial power of this State shall be vested in one supreme court, circuit courts to be held in each county of the State, and such inferior courts of law and equity, to consist of not more than five members, as the General Assembly may, from time to time, direct, ordain and establish.
SEC. 2. Except in cases otherwise directed in this constitution, the supreme court shall have appellate jurisdiction only, which shall be co-extensive with the State, under such restrictions and regulations, not repugnant to this constitution, as may from time to time be prescribed by law; Provided, That said court shall have power to issue writs of injunction, mandamus, quo warranto, habeas corpus, and such other remedial and original writs as may be necessary to give it a general superintendence and control of inferior jurisdiction.
SEC. 3. The supreme court shall be held at the seat of government; but if that shall have become dangerous, from an enemy or from disease, may adjourn to a different place.
SEC. 4. The State shall be divided into convenient circuits, each of which shall contain not less than three, nor more than six counties; and for each circuit there shall be appointed a judge, who shall, after his appointment, reside in the circuit for which he may be appointed.
SEC. 5. The circuit court shall have original jurisdiction in all matters, civil and criminal, within this State, not otherwise excepted in this constitution; but in civil cases only where the matter or sum in controversy exceeds fifty dollars.
Sec. 6. A circuit court shall be held in each county in the State, at least twice in every year; and the judges of the several circuits may hold courts for each other when they deem it expedient, and shall do so when directed by law.
Sec. 7. The General Assembly shall have power to establish a court or courts of chancery, with original and appellate equity jurisdiction; Provided, That the judges of the several circuit courts shall have power to issue writs of injunction, returnable into the courts of chancery.
SEC. 8. The General Assembly shall have power to establish, in each county within this State, a court of probate, for the granting of letters testamentary, and of administration, and for orphans' business.
Sec. 9. A competent number of justices of the peace shall be appointed in and for each county, in such mode, and for such term of office as the general assembly may by law direct; whose jurisdiction, in civil cases, shall be limited to causes in which the amount in controversy shall not exceed one hundred dollars; and in all cases tried by a justice of the peace, the right of appeal shall be secured under such rules and regulations as may be prescribed by law.
Sec. 10. The judges of the supreme court, circuit courts, and courts of chancery, shall, at stated times, receive for their services a compensation, which shall be fixed by law, and which shall not be diminished during their continuance in office; but they shall receive no fees or perquisites of office, nor hold any office of profit or trust, under this State, the United States, or any other power.
Sec. 11. Judges of the supreme court, and chancellors, shall be elected by a joint vote of both houses of the General Assembly; judges of the circuit and probate courts, and of such other inferior courts as may be by law established, shall be elected by the qualified electors of the respective counties, cities, or districts, for which such courts may be established. Elections of judges by the people shall be held on the first Monday in May, or such other day as may be by law prescribed, not within a less period than two months of the day fixed by law for the election of governor, members of the General Assembly, or members of Congress. Vacancies in the office of circuit judge, probate judge, or judge of any other inferior court established by law, shall be filled by the governor; and the person appointed by him shall hold office until the next election day by law appointed for the election of judges, and until his successor shall have been elected and qualified.
SEC. 12. The judges of the several courts of this State shall hold their offices for the term of six years; and the right of any judge to hold his office for the full term hereby prescribed, shall not be affected by any change hereafter made by law in any circuit or district, or in the mode or time of election; but for any wilful neglect of duty, or any other reasonable cause, which shall not be a sufficient ground of impeachment, the governor shall remove any judge, on the address of two-thirds of each house of the general assembly; Provided, That the cause or causes, for which said removal may be required, shall be stated at length in such address, and entered on the journals of each house; And, provided further, That the judge intended to be removed shall be notified of such cause or causes, and shall be admitted to a hearing in his own defence, before any vote for such address; and in all such cases, the vote shall be taken by yeas and nays, and be entered on the journals of each house respectively.
Sec. 13. No person who shall have arrived at the age of seventy years, shall be appointed or elected to, or shall continue in, the office of judge in this State.
Sec. 14. The judges of the supreme court shall, by virtue of their offices, be conservators of the peace throughout the State; as also the judges of the circuit courts within their respective circuits, and the judges of the inferior courts within their respective counties.
SEC. 15. Clerks of the circuit courts, and of such inferior courts as may be by law established, shall be elected by the qualified electors in each county, for the term of four years; and may be removed from office, for such causes, and in such manner, as may be by law prescribed. Vacancies in the office of clerk shall be filled by the judge of the court, and the person so appointed shall hold office until the next general election, and until his successor is elected and qualified; Provided, That the general assembly shall have power to annex the duties of clerk to the office of judge of any inferior court by law established.
SEC. 16. The style of all process shall be, The State of Alabama; and all prosecutions shall be carried on in the name and by the authority of the State of Alabama, and shall conclude " against the peace and dignity of the same.”
STATE AND COUNTY OFFICERS
SECTION 1. A secretary of state, a comptroller of public accounts, and a State treasurer, shall be elected by a joint vote of both houses of the general assembly, each of whom shall continue in office during the term of two years, shall perform all the duties that may
be quired of him by law, and receive such compensation as may be by law provided.
SEC. 2. An attorney-general, and as many solicitors as there are judicial circuits in the State, shall be elected by a joint vote of both houses of the general assembly, each of whom shall hold his office for the term of four years, shall perform all the duties that may be required of him by law, and shall receive such compensation for his services as may be by law provided, which shall not be diminished during his continuance in office.
Sec. 3. A sheriff shall be elected in each county, by the qualified electors thereof, who shall hold his office for the term of three years, unless sooner removed, and shall not be eligible to serve, either as principal or deputy, for any two successive terms. Vacancies in the Office of sheriff shall be filled by the governor, as in other cases; and the person so appointed shall continue in office until the next general election in the county for sheriff as by law provided.
Sec. 4. No member of Congress, nor any person who holds any office of profit or trust under the United States, (except postmasters) or any other State or government; nor any person who shall have been convicted of having given or offered any bribe to procure his election or appointment; nor any person who shall have been convicted of bribery, forgery, perjury, or other high crime or misdemeanor which may be by law declared to disqualify him, shall be eligible to any office of profit or trust under this State.
SEC. 5. All commissions shall be in the name, and by the authority of the State of Alabama; shall be sealed with the great seal of the State, signed by the governor, and attested by the secretary of state.
Sec. 6. All civil officers of this State, legislative, executive, and judicial, before they enter upon the execution of the duties of their respective offices, shall take the following oath: “I solemnly swear," (or affirm, as the case may be,) " that I will support the Constitution of the United States, and the constitution of the State of Alabama, so long as I continue a citizen thereof; and that I will faithfully discharge, to the best of my abilities, the duties of the office of
-; So help me God."
Sec. 7. All civil officers of the State, whether elected by the people, or by the general assembly, or appointed by the governor, shall be liable to impeachment for any misdemeanor in office; but judgment in such cases shall not extend further than removal from Office, and disqualification to hold any office of honor, trust, or profit, under the State; but the party convicted shall, nevertheless, be liable and subject to indictment, trial, and punishment according to law.
ELECTIONS BY THE PEOPLE
SECTION 1. Every white male person, of the age of twenty-one years and upward, who shall be a citizen of the United States, and shall have resided in this State one year next preceding the election, and the last three months thereof in the county in which he offers to vote, shall be deemed a qualified elector; Provided, That no soldier, seaman, or marine, in the Regular Army or Navy of the United States, and no person who shall have been convicted of bribery, forgery, perjury, or other high crime or misdemeanor which may be by law declared to disqualify him, shall be entitled to vote at any election in this State.
Sec. 2. In all elections by the people, the electors shall vote by ballot, until otherwise directed by law.
Sec. 3. Except in cases of treason, felony, or breach of the peace, electors shall be privileged from arrest during their attendance at elections, and in going to and returning from the same.
Sec. 4. Returns of elections for all civil officers elected by the people, who are to be commissioned by the governor, and also for inembers of the General Assembly, shall be made to the secretary of state.
AMENDMENT AND REVISION OF THE CONSTITUTION
SECTION 1. The Genera. Assembly may, whenever two-thirds of each house shall deem it necessary, propose amendments to this constitution; which proposed amendments shall be duly published in print, (in such manner as the General Assembly may direçt,) at least three months before the next general election for representatives, for the consideration of the people; and it shall be the duty of the several returning officers, at the next ensuing general election for representatives, to open a poll for the vote of the qualified electors on the proposed amendments, and to make a return of said vote to the secretary of state; and if it shall thereupon appear that a majority of all qualified electors of the State, who voted for representatives, voted in favor of the proposed amendments, and two-thirds of each house of the next General Assembly, before another election, shall ratify said amendments, each house voting by yeas and nays, said amendments shall be valid, to all intents and purposes, as parts of this constitution; Provided, That said proposed amendments shall, at each of said sessions of the General Assembly, have been read three times, on three several days, in each house.
Sec. 2. After the expiration of twelve months from the adoption of this constitution, no convention shall be held, for the purpose of
altering or amending the constitution of this state, unless the question of convention or no convention shall be first submitted to a vote of the qualified electors of the State, and approved by a majority of the electors voting at said election.
Adopted by the convention, by the unanimous vote of all the delegates present, at the State capitol, in the city of Montgomery, on this, the thirtieth day of September, in the year of our Lord one thousand eight hundred and sixty-five, and of the Independence of the United States the ninetieth year.
President of Convention. ATTEST: WM. H. OGBOURNE,
Sec'y of Convention.
CONSTITUTION OF ALABAMA—1867 * a
We, the People of the State of Alabama, by our representatives in Convention assembled, in order to establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure to ourselves and to our posterity the rights of life, liberty, and property, invoking the favor and guidance of Almighty God, do ordain and establish the following Constitution and form of government for the State of Alabama:
DECLARATION OF RIGHTS
That the great general and essential principles of liberty and free government may be recognized and established, we declare:
SECTION 1. That all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness.
Sec. 2. That all persons resident in this State, born in the United States, or naturalized, or who shall have legally declared their intention to become citizens of the United States, are hereby declared citi
* Verified by “The Constitution of the State of Alabama as Revised and Amended by the Convention Assembled at Montgomery on the Fifth Day of November, A. D. 1867. Montgomery, Ala., Barrett and Brown, 1867."
a Congress having directed how constitutions should be formed in the States recently in rebellion, by the acts of March 2 and March 21, 1867, a convention was called, which assembled at Montgomery November 5, 1867, and framed the above constitution and adjourned December 6, 1867. It was submitted to the people. Congress, after its reception, passed an act on the 25th of June, 1868, declaring that whenever the legislatures of Alabama (and other States named) should pass an act ratifying the fourteenth article of amendment to the Constitution, such State should be declared entitled to the admission of its Representatives in Congress. This was done on the 11th of July, 1868, and proclamation thereof was made by the President of the United States on the 20th of July, 1868.