the house in which it shall have 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 which it shall likewise be reconsidered; 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 had signed it, unless the general assembly, by their adjournment, prevent its return, in which case it shall not be a law.

passed as

SEC. 17. Every order, resolution, or vote, to which the concur- Joint resolu rence of both houses may be necessary, except on questions of ad- tions to be journment, shall be presented to the governor, and, before it shall take bills. effect, be approved by him, or being disapproved, shall be repassed by both houses, according to the rules and limitations prescribed in the cases of a bill.

on impeach

SEC. 18. In case of the impeachment of the governor, his removal Proceedings from office, death, refusal to qualify, resignation, or absence from the ment, &c. of state, the president of the senate shall exercise all the power and au- governor. thority appertaining to the office of governor, until the time pointed out by this 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 absent or impeached shall return or be acquitted.

minister the government.

SEC. 19. If, during the vacancy of the office of governor, the pres- Who to adident of the senate shall be impeached, removed from office, refuse to qualify, resign, die, or be absent from the state, the speaker of the house of representatives shall in like manner administer the govern

ment.

tion.

SEC. 20. The president of the senate and speaker of the house of Compensa representatives, during the time they respectively administer the government, shall receive the same compensation which the governor would have received, had he been employed in the duties of his office.

where to re

SEC. 21. The governor shall always reside, during the session of Governor, the general assembly, at the place where their session may be held, side. and at all other times, wherever, in their opinion, public good may require.

to hold any

SEC. 22. No person shall hold the office of governor, and any other Governor not office or commission, civil or military, either in this state, or under office. any state, or the United States, or any other power, at one and the same time.

and comp

SEC. 23. A state treasurer and a comptroller of public accounts Treasurer shall be annually elected, by joint vote of both houses of the general assembly.

troller, how

elected.

elected; term

cation.

how filled.

SEC. 24. A sheriff shall be elected in each county by the qualified Sheriff, how electors thereof, who shall hold his office for the term of three years, of service unless sooner removed, and who shall not be eligible to serve either and qualifi as principal or deputy for the three succeeding years. Should a va- Vacancies, cancy occur subsequent to an election, it shall be filled by the governor, as in other cases, and the person so appointed shall continue in office until the next general election, when such vacancy shall be filled by the qualified electors, and the sheriff then elected shall continue in office for three years.

Militia, how organized.

Who excus

ed.

Governor may call forth.

Officers, how

elected. Proviso.

Aids, &c. how appointed.

General as

sembly to di

Militia.

SEC. 1. The general assembly shall provide by law for organizing and disciplining the militia of this state, in such manner as they shall deem expedient, not incompatible with the constitution and laws of the United States in relation thereto.

SEC. 2. Any person who conscientiously scruples to bear arms shall not be compelled to do so, but shall pay an equivalent for personal service.

SEC. 3. The governor shall have power to call forth the militia to execute the laws of the state, to suppress insurrections, and repel invasions.

SEC. 4. All officers of the militia shall be elected or appointed in such manner as may be prescribed by law: Provided, that the general assembly shall not make any such elections or appointments, other than those of adjutants general, and quarter-masters general.

SEC. 5. The governor shall appoint his aids-de-camp; majors general, their aids-de-camp, and all other division and staff officers; brigadiers general shall appoint their aids, and all other brigade staff officers; and colonels shall appoint their regimental staff officers.

SEC. 6. The general assembly shall fix by law the method of divide militia, viding the militia into divisions, brigades, regiments, battalions, and and fix rank companies: and shall fix the rank of all staff officers.

of staff.

Judicial

power,

ed.

ARTICLE V.

Judicial Department.

SEC. 1. The judicial power of this state shall be vested in one where vest supreme court, circuit courts to be held in each county in 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.

Powers of

court.

SEC. 2. The supreme court, except in cases otherwise directed by the supreme this constitution, shall have appellate jurisdiction only, which shall be coextensive 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 the supreme 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 jurisdictions.

Who to be

judges of su

Proviso.

SEC. 3. Until the general assembly shall otherwise prescribe, the preme court. powers of the supreme court shall be vested in, and its duties shall be performed by, the judges of the several circuit courts within this state and they, or a majority of them, shall hold such sessions of the supreme court, and at such times as may be directed by law: Provided, that no judge of the supreme court shall be appointed before the commencement of the first session of the general assembly, which shall be begun and held after the first day of January, in the year one thousand eight hundred and twenty-five.

Supreme

court, where holden.

SEC. 4. The supreme court shall be holden at the seat of government, but may adjourn to a different place, if that shall have become dangerous from an enemy or from disease.

divided into

SEC. 5. The state shall be divided into convenient circuits, and State to be each circuit shall contain not less than three, nor more than six coun- circuits. ties: 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.

of circuit

SEC. 6. The circuit court shall have original jurisdiction in all Jurisdiction matters, civil and criminal, within this state, not otherwise excepted courts. in this constitution; but in civil cases, only when the matter or sum in controversy exceeds fifty dollars.

SEC. 7. A circuit court shall be held in each county in the state, when held. at least twice in every year, and the judges of the several circuit courts may hold courts for each other, when they may deem it expedient, and shall do so when directed by law.

courts, how established.

SEC. 8. The general assembly shall have power to establish a Chancery court or courts of chancery, with original and appellate equity jurisdiction; and until the establishment of such court or courts, the said jurisdiction shall be vested in the judges of the circuit courts respectively: Provided, that the judges of the several circuit courts shall have power to issue writs of injunction, returnable into the courts of chancery.

SEC. 9. The general assembly shall have power to establish, in Courts of proeach county within this state, a court of probate, for the granting of bate estab letters testamentary and of administration and for orphans' business.

lished.

jurisdiction.

SEC. 10. A competent number of justices of the peace shall be Justices of appointed in and for each county, in such mode and for such term of peace, their office as the general assembly may direct. Their jurisdiction in civil cases shall be limited to causes in which the amount in controversy shall not exceed fifty dollars. And in all cases, tried by a justice of the peace, right of appeal shall be secured, under such rules and regulations as may be prescribed by law.

tion of

SEC. 11. Judges of the supreme and circuit courts, and courts Compensaof chancery, shall, at stated times, receive for their services a com- Judges. pensation, which shall be fixed by law, and shall not be diminished during their continuance in office: but they shall receive no fees or perquisites of office, nor hold any other office of profit or trust under this state, the United States, or any other power.

SEC. 12. Chancellors, judges of the supreme court, judges of the How elected. circuit courts, and judges of the inferior courts, shall be elected by joint vote of both houses of the general assembly.

vice.

SEC. 13. The judges of the several courts in this state shall hold Term of ser their offices during good behaviour; and for wilful neglect of duty, or How reother reasonable cause, which shall not be sufficient ground for im- moved. peachment, the governor shall remove any of them, on the address of two-thirds of each house of the general assembly; Provided, however, that the cause or causes for which such removal shall be required, shall be stated at length in such address, and entered on the journals of each house; And provided further, that the cause or causes shall be notified to the judge so intended to be removed, and he shall be admitted to a hearing in his own defence, before any vote for such address shall pass; and in all such cases the vote shall be taken by yeas and nays, and entered on the journals of each house respectively; And provided also, that the judges of the several circuit courts who shall be appointed before the commencement of the first session of the general assembly which shall be begun and held after the first day of January, in the year of our Lord one thousand eight hundred and twenty-five, shall only hold their offices during good be

Age disqua lifies.

Clerks of

elected.

Term of ser

vice. Vacancies,

how filled.

havior, until the end of the said session, at which time their commissions shall expire.*

SEC. 14. No person who shall have arrived at the age of seventy years shall be appointed to, or continue in, the office of judge in this

state.

SEC. 15. Clerks of the circuit and inferior courts in this state shall courts, how 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 prescribed by law; and should a vacancy occur, subsequent to an election, it shall be filled by the judge or judges of the court in which such vacancy exists; and the person so appointed shall hold his office until the next general election; Provided, however, that after the year one thousand eight hundred and twenty-six, the general assembly may prescribe a different mode of appointment, but shall not make such appointment.

Proviso.

Conserva

tors of the peace.

Style of pro

cess.

Attorney ge neral and so.

licitors.

SEC. 16. 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 in their respective districts, and judges of the inferior courts in their respective counties.

SEC. 17. 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."

SEC. 18. There shall be an attorney-general for the state, and as many solicitors as the general assembly may deem necessary, to be Term of ser elected by a joint vote thereof, who shall hold their offices for the term of four years, and shall receive for their services a compensation, which shall not be diminished during their continuance in office.

vice and compensation.

Impeachments.

SEC. 1. The house of representatives shall have the sole power of impeaching.

SEC. 2. All impeachments shall be tried by the senate: when sitting for that purpose, the senators shall be on oath or affirmation : and no person shall be convicted without the concurrence of twothirds of the members present.

SEC. 3. The governor and all civil officers shall be liable to impeachment for any misdemeanor in office; but judgment in such cases shall not extend further than removal from office, and to 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.

taken.

ARTICLE VI.

General Provisions.

Oath to be SEC. 1. The members of the general assembly, and all officers, executive and judicial, before they enter on the execution of their respective offices, shall take the following oath or affirmation, to wit: "I solemnly swear (or affirm, as the case may be,) that I will support the constitution of the United States, and constitution of the

*This section was amended in 1830.-See Amendment.

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 according to law: So help me God."

fined.

SEC. 2. Treason against the state shall consist only in levying war Treason deagainst it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of How contwo witnesses to the same overt act, or his own confession in open victed.

court.

SEC. 3. The general assembly shall have power to pass such penal Duelling. laws to suppress the evil practice of duelling, extending to disqualification from office or the tenure thereof, as they may deem expedient.

SEC. 4. Every person shall be disqualified from holding any office Bribery. or place of honor or profit, under the authority of the state, who shall be convicted of having given or offered any bribe to procure his election or appointment.

SEC. 5. Laws shall be made to exclude from office, from suffrage, Disqualify. and from serving as jurors, those who shall hereafter be convicted of ing laws. bribery, perjury, forgery, or other high crimes or misdemeanors. The privilege of free suffrage shall be supported by laws regulating Free suffrage elections, and prohibiting, under adequate penalties, all undue influ- secured. ence thereon, from power, bribery, tumult, or other improper conduct.

SEC. 6. In all elections by the general assembly, the members Elections by thereof shall vote viva voce, and the votes shall be entered on the general assembly. journals.

ney.

SEC. 7. No money shall be drawn from the treasury, but in conse- Public moquence of an appropriation made by law; and a regular statement and Treasurer to account of the receipts and expenditures of all public moneys shall be make report. published annually.

SEC. 8. All lands liable to taxation in this state, shall be taxed in Lands taxed. proportion to their value.

SEC. 9. The general assembly shall direct, by law, in what man- State may be ner, and in what courts, suits may be brought against the state.

sued.

for neglect

SEC. 10. It shall be the duty of the general assembly to regulate, Deductions by law, the cases in which deductions shall be made from the salaries from salary of public officers, for neglect of duty in their official capacities, and of duty. the amount of such deduction.

&c.

SEC. 11. Absence on business of this state, or of the United States, Residence, or on a visit, or necessary private business, shall not cause a forfeiture of a residence once obtained.

lified from

SEC. 12. No member of congress, nor any person holding any Who disqua office of profit or trust under the United States, (the office of post- state offices. master excepted,) or either of them, or any foreign power, shall hold or exercise any office of profit under this state.

SEC. 13. Divorces from the bonds of matrimony shall not be grant- Divorces. ed but in cases provided for by law, by suit in chancery: and no decree for such divorce shall have effect until the same shall be sanctioned by two-thirds of both houses of the general assembly.

tried.

SEC. 14. In prosecutions for the publishing of papers investigating Libels, how the official conduct of officers or men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence; and in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the courts.

turns.

SEC. 15. Returns of all elections for officers who are to be commis- Election resioned by the governor, and for members of the general assembly, shall be made to the secretary of state.

F