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nesses in his favour; and to have the assistance of counsel for his defence.

Of trial in civil cases.

Of bail and fines.

ARTICLE VII.

In suits at common law, where the value in controversy 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 United States, than according to the rules of the common law.

ARTICLE VIII.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

ARTICLE IX.

Of rights reserved.

The enumeration in the constitution of certain rights shall not be construed to deny or disparage others retained by the people.

ARTICLE X.

Powers not delegated.

The powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

* Dec. 2, 1793.

Of the judi

ARTICLE XI.*

The judicial power of the United States shall not be construed to cial power. extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.

* Oct. 17, 1808.

Manner of electing the president and vice presi

dent.

ARTICLE XII.*

1. The electors shall meet in their respective states, and vote by ballot for president and vice president, one of whom, at least, shall not be an inhabitant of the same state with themselves: They shall name in their ballots the person voted for as president, and in distinct ballots the person voted for as vice-president; and they shall make distinct lists of all persons voted for as president, and of all persons voted for as vice-president, and of the number of votes for each; which lists they shall sign and certify, and transmit, sealed, to the seat of the government of the United States, directed to the president of the senate. The president of the senate shall, in presence of the senate and house of representatives, open all the certificates, and the votes shall then be counted; the person having the greatest number of votes for president shall be the president, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then, from the persons having the highest numbers, not exceeding three, on the list of those voted for as president,

the house of representatives shall choose immediately, by ballot, the president. But, in choosing the president, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the house of representatives shall not choose a president, whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the vice president shall act as president, as in the case of the death or other constitutional disability of the president.

2. The person having the greatest number of votes as vice president shall be the vice president, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then, from the two highest numbers on the list, the senate shall choose the vice president: a quorum for the purpose shall consist of two-thirds of the whole number of senators; and a majority of the whole number shall be necessary to a choice.

3. But no person constitutionally ineligible to the office of president, shall be eligible to that of vice president of the United States.

An Act to enable the People of the Alabama Territory to form a
Constitution and State Government, and for the Admission of
such State into the Union, on an equal footing with the original
States.-Passed March 2, 1819.

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tants of Ala

a constitu

ment.

ted into the Union.

of the state.

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That The inhabithe inhabitants of the territory of Alabama be, and they are hereby bama authoauthorized to form for themselves a constitution and state government, rized to form and to assume such name as they may deem proper; and that the tion and said territory, when formed into a state, shall be admitted into the state govern. Union, upon the same footing with the original states, in all respects To be admit whatsoever. SEC. 2. And be it further enacted, That the said state shall con- Boundaries sist of all the territory included within the following boundaries, to wit: Beginning at the point where the thirty-first degree of north latitude intersects the Perdido river; thence, east, to the western boundary line of the state of Georgia; thence, along said line, to the southern boundary line of the state of Tennessee; thence, west, along said boundary line, to the Tennessee river; thence, up the same, to the mouth of Bear creek; thence, by a direct line, to the north-west corner of Washington county; thence, due south, to the Gulf of Mexico; thence, eastwardly, including all islands within six leagues of the islands withshore, to the Perdido river; and thence, up the same, to the beginning of the shore. SEC. 3. And be it further enacted, That it shall be the duty of The line of the surveyor of the lands of the United States south of the state of between MisTennessee, and the surveyor of the public lands in the Alabama ter- sissippi and ritory, to run and cut out the line of demarcation, between the state be formed, to of Mississippi and the state to be formed of the Alabama territory; and if it should appear to said surveyors, that so much of said line designated in the preceding section, running due south, from the of Tennessee north-west corner of Washington county to the Gulf of Mexico, will and of Alaencroach on the counties of Wayne, Green, or Jackson, in said state it should ap

D

Including

in six leagues

demarcation

the state to

be run and cut by the

surveyors of

lands south

bama; and if

pear, &c.

Qualified vo

representa

tion.

of Mississippi, then the same shall be so altered as to run in a direct line from the north-west corner of Washington county to a point on the Gulf of Mexico, ten miles east of the mouth of the river Pascagola.

SEC. 4. And be it further enacted, That all white male citizens ters to choose of the United States, who shall have arrived at the age of twenty-one tives to form years, and have resided in said territory three months previous to the a constitu- day of election, and all persons having, in other respects, the legal qualifications to vote for representatives in the General Assembly of the said territory, be, and they are hereby authorized to choose representatives to form a constitution, who shall be appointed among the several counties as follows:

Appoint

ment of representatives.

Madison.

Monroe.
Blount.
Limestone.
Shelby.
Montgome-
Washington.

ry.

Tuskaloosa.
Lawrence.
Franklin.
Cotaco.
Clarke.

Baldwin.
Cahawba.
Conecuh.
Dallas.
Marengo.
Marion.
Mobile.

Lauderdale.
St. Clair.
Autauga.

Election to

be holden on

day and

From the county of Madison, eight representatives :
From the county of Monroe, four representatives:
From the county of Blount, three representatives:
From the county of Limestone, three representatives:
From the county of Shelby, two representatives:
From the county of Montgomery, two representatives:
From the county of Washington, two representatives :
From the county of Tuskaloosa, two representatives:
From the county of Lawrence, two representatives:
From the county of Franklin, two representatives :
From the county of Cotaco, two representatives:
From the county of Clarke, two representatives :
From the county of Baldwin, one representative:
From the county of Cahawba, one representative:
From the county of Conecuh, one representative:
From the county of Dallas, one representative:
From the county of Marengo, one representative:
From the county of Marion, one representative:
From the county of Mobile, one representative:
From the county of Lauderdale, one representative:
From the county of St. Clair, one representative:
From the county of Autauga, one representative:

And the election for the representatives aforesaid shall be holden on the first Mon- the first Monday and Tuesday in May next, throughout the several counties in the said territory, and shall be conducted in the same manner, and under the same regulations, as prescribed by the laws of the said territory, regulating elections therein for the members of the house of representatives.

Tuesday in May, 1819, &c.

Members of

the conven

tion to meet

at Huntsville on the first

Monday in

July, 1819,

and to deter

authorized to

SEC. 5. And be it further enacted, That the members of the convention, thus duly elected, be, and they are hereby authorized to meet, at the town of Huntsville, on the first Monday in July next; which convention, when met, shall first determine, by a majority of the whole number elected, whether it be, or be not, expedient, at that mine, &c. time, to form a constitution and state government for the people withConvention in the said territory: And if it be determined to be expedient, the form a con- convention shall be, and hereby are, authorized to form a constitution stitution, &c. and state government: Provided, that the same, when formed, shall government be republican, and not repugnant to the principles of the ordinance of to be repub the thirteenth of July, one thousand seven hundred and eighty-seven, repugnant to between the people and states of the territory north-west of the river nance of 13th Ohio, so far as the same has been extended to the said territory, July, 1787, so by the articles of agreement between the United States and the state of Georgia, or of the constitution of the United States.

Proviso; the

lican and not

the ordi

far, &c.

Propositions, offered

SEC. 6. And be it further enacted, That the following propositions to the con- be, and the same are hereby offered to the convention of the said

territory of Alabama, when formed, for their free acceptance or re-vention; to jection, which, if accepted by the convention, shall be obligatory upon if accepted.

the United States:

be obligatory

in every

the use of

schools.

springs and

First. That the section numbered sixteen in every township, and 1. Sec. No. 16, when such section has been sold, granted, or disposed of, other lands township, for equivalent thereto, and most contiguous to the same, shall be granted to the inhabitants of such townships for the use of schools. Second. That all salt springs within the said territory, and the 2. Salt lands reserved for the use of the same, together with such other lands lands for as may, by the President of the United States, be deemed necessary and proper for working the said salt springs, not exceeding in the to the state, whole the quantity contained in thirty-six entire sections, shall be for the use of granted to the said state, for the use of the people of the said state, the same to be used, under such terms, conditions, and regulations,

working

them granted

the people.

legislature

as the legislature of the said state shall direct: Provided, the said Proviso; the legislature shall never sell nor lease the same for a longer term than not to sell, ten years at any one time.

nor lease for
more than
ten years.
3. Five per ct.

sold after 1st

Third. That five per cent. of the net proceeds of the lands lying within the said territory, and which shall be sold by congress, from of net proand after the first day of September, in the year one thousand eight ceeds of land, hundred and nineteen, after deducting all expenses incident to the Sept. 1819, to same, shall be reserved for making public roads, canals, and improv- be reserved ing the navigation of rivers, of which three-fifths shall be applied to public roads, those objects within the said state, under the direction of the legisla- canals, &c. ture thereof, and two-fifths to the making of a road or roads leading to the said state, under the direction of congress.

for making

township for

gether with

tofore re

ry of the

in small

tract less

sections.

nance dis

Fourth. That thirty-six sections, or one entire township, to be 4. An entire designated by the Secretary of the Treasury, under the direction of a seminary of the President of the United States, together with the one heretofore learning, to reserved for that purpose, shall be reserved for the use of a seminary the one hereof learning, and vested in the legislature of the said state, to be appro- served. priated solely to the use of such seminary by the said legislature. The secretaAnd the Secretary of the Treasury, under the direction as aforesaid, treasury may may reserve the seventy-two sections, or two townships, hereby set reserve them apart for the support of a seminary of learning, in small tracts: Pro- tracts. vided, that no tract shall consist of less than two sections: And Proviso; no provided always, that the said convention shall provide, by an ordi- than two nance irrevocable without the consent of the United States, that the proviso; irre people inhabiting the said territory, do agree and declare that they vocable ordifor ever disclaim all right and title to the waste or unappropriated lands claiming lying within the said territory; and that the same shall be and remain right to at the sole and entire disposition of the United States; and, moreover, Waste lands that each and every tract of land sold by the United States, after the first at the sole day of September, in the year one thousand eight hundred and nine- the United teen, shall be and remain exempt from any tax laid by the order, or Tract of land under the authority, of the state, whether for state, county, township, sold by the parish, or any other purpose whatever, for the term of five years, be exempt from and after the respective days of the sales thereof: and that the from taxes lands belonging to citizens of the United States, residing without the Lands of said state, shall never be taxed higher than the lands belonging to citizens not persons residing therein; and that no tax shall be imposed on lands, to be taxed the property of the United States; and that all navigable waters within No tax on U. the said state shall for ever remain public highways, free to the citi-States' lands. zens of said state and of the United States, without any tax, duty, impost, or toll, therefor, imposed by the said state.

waste lands.

disposal of

States.

U. States to

for 5 years.

non-resident

higher, &c.

Water

, courses.

1620 acres of

or a

SEC. 7. And be it further enacted, That in lieu of a section of land, provided to be reserved for the seat of government of the said territory, seat of go

lieu, &c.

vernment, in by an act, entitled "An Act respecting the surveying and sale of the Public Lands in the Alabama Territory," there be granted to the said state, for the seat of the government thereof, a tract of land containing sixteen hundred and twenty acres, and consisting of sundry fractions and a quarter section, in sections thirty-one and thirty-two, in township sixteen, and range ten, and in sections five and six, in township fifteen, and range ten, and in sections twenty-nine and thirty, in the same township and range, lying on both sides of the Alabama and Cahawba rivers, and including the mouth of the river Cahawba, and which heretofore has been reserved from public sale, by order of the President of the United States.

The state en

SEC. 8. And be it further enacted, That, until the next general titled to one census shall be taken, the said state shall be entitled to one representive in con- tative in the house of representatives of the United States.

representa.

gress until

A true and

the next ge- SEC. 9. And be it further enacted, That, in case the said convenneral census. tion shall form a constitution and state government for the people of attested copy the territory of Alabama, the said convention, as soon thereafter as tution to be may be, shall cause a true and attested copy of such constitution or transmitted frame of government as shall be formed or provided, to be transmitted to congress for its approbation.

of the consti

to congress,

&c.

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