The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-12-17
THE CONSTITUTION OF ALABAMA.


follows:
The declaration of rights embodies the
first clause of the Declaration of Indepen-
dence regarding freedom and equality and
inalienahe rights secures popular govern
ment and religious freedom prohibits an es,
tahlished religion; guarantees freedom OF
the press and speech, the trial by jury, ana
and the richt of personal defence; proninits
excessive fines and penalties, and asserts TIC
right to bail by sureties. The writ OF h@o@dS
corpus cannot be suspended except "hen
necessary for public safety; treason against
the State consists of some overt act proven
by two witnesses imprisonment for dent IS
prohibited rs also er poSt0 Jdct0 laws anu
laws impairing the obligation OF contracts.
The navgable waters Of the State are de
clared public highways, and private proper
ty cannot be taken for public use without
compensation.
Every citizen has right to bear arms IN
defence of himself and the State, and the
people have the right peaceably to assemble
for the common good, and to apply to those
invested with the power of government Tor a
redress of grievances. No standing army
can be kept up without the consent OF the
General Assembly, and appropriations there
fore can only be made for one year. Titles
OF nobility are prohibited, and no property
qualification can be established for electors
or officers of the State. Emigration from
the State shall not be prohibited, and no
citizen can he exiled. The clause on slavery
rea-ls thus:
THAT no form Of s1ayery shall erist in THIS
State aRd there shall be no inColuhtHry ser
ritude otheroise than for the punishment Of
crime Of achich tic party shall hace been aug
con0icted
Art II defines the boundaries of the State
to be those geographically known as com
prising the same. and authorizes the Gener-
al Assembly to define the boundaries OF coun-
ties. providing that no new county shall be
be made of less than six hundred square
miles, and that no old county shall he rcduc-
ed to IL less size.
By Art. III the powers of the government
are divided into three distinct depart
ments, legislative, executive, and Judicial,
and no person or persons, being OF one
of these departments, can exercise any
powers properly belonging to either Of tile
others.
The legislative power of the State is by
Art. " vested in Il General Assembly. to
consist of Senators and Representatives, the
former to be elected for four years the lat
ter for two. Eligibility to either is the same
as to be an slector, except that Senator
must be twenty -seven years of age and have
resided two years in the State. A majority
of each house will constitute Il quorum, and
the provisions for regulating the sessions OF
each and the power given to each over Its
own members are contormablc to the estab
lished usages in other similar bodies. Mem
bers of the General Assembly shall in all ca
ses except treason, felony, or breach OF the
peace, be privileged from arrest, and the
- IL, -
such occasions as in the opinion of the house
may require secrecy No Senator of Repre-
sentative shall, during the term for which
he is elected, be appointed to ony civil office
of trust or profit under the State which
shall have been created or the emoluments
of which shall have been increased during
such term, except such Office as may be fill
ed by election by the people.
No officers of the United States or of the
State, except postmasters or militia officers, |
are eligible to seats In the Assembly, and all
State officers may be impeached for misde-
meanor in Office. 1t shall he the duty of the
General Assembly to- frame penal code,
and to pass such laws as may be necessary
to decide differences by arbitrator tor par
ties who may choose that mode of adjust |
ment. Divorces can only be granted by suit
in Chancery. No money can be drawn from |
the treasury except upon appropriation by |
law, and the General Assembly can only Dor |
row on the credit of the State for military |
defence. The State may lend its credit to |
works of internal improvement, but cannot !
engage in them itself
The duties of the Governor are similar to |
those of the same officer in other States, and |
generally comprised in his obligation to
take care that the laws are faithfully execu-
ted" He is made commander in chief of
the military and naval forces of the State;
may grant pardons, Issue commissions, call
extra sessions of the Legislature, and, in case
OF disagreement between the two houses in
respect to the time of adjournment, may adj
journ the same.
The judicial power of the State is vested
in the Senate as a court Of impeachment a
supreme court, circuit court, chancery courts,
courts of probate, and such inferior courts
of law and equity as the General Assembly
may establish. The division of the State
into circuits is left to the Legislature, which
shall also allot the chancery division, for
each of which there shall be chancellor
elected or appointed. to reside in the dis
trict; and and chancery court shall be
held In each county at place to be dermin-
ed by Jaw:
The judges of the courts are to hold their
offices for six years, but may be removed by
the Governor on the address of two-thrCls of
the General Assembly, or by impeachment
The clerk of the Supreme court is to be ap-
pointed by the judges, and an attorney
general is to reside at the capital of the
State
In all elections by the people the electors
shall vote by ballot. Every male person
born in the United States, and every male
person aohO has been naturalized or aoho has
egaly declared his intention to become q
;itizen Of the United States, 81 yeu,,s old
md uppard, aOho shall haze resided in this
State sic months meet preceding the election
md three months IN the county in aohieh he
ters to cote, except as hereinafter procided
hall be deemed an elector.
Soldiers, sailors, and marines, in the Uni
ed States service, arc not permitted to vote
~ reason of being stationed in the State on
llIty. Registration must be provided for
" the General Assembly, and the following
'ersons are not permitted to register:
1st Those who, during the late rebellion,
Inflicted, or cause to be inflicted, any cruel
r unusual pupishments upon any soldier,
ailor, or marine, employee or citizen of the
United States, or who, in any other way, VIC
ated the rules of civilized warfare.
I'd. Those who be disqualified from hold
10 Office by the proposed amendment to the