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Full text of "The federal and state constitutions, colonial charters, and other organic laws of the state, territories, and colonies now or hertofore forming the United States of America"

Digitized by the Internet Archive 

in 2007 with funding from 

IVIicrosoft Corporation 



http://www.archive.org/details/federalstatecons01thoriala 



B.CSB LigRAHY 



THE FEDERAL AND STATE 

CONSTITUTIONS 

COLONIAL CHARTERS, AND OTHER 
ORGANIC LAWS 

OF THE 

STATES, TERRITORIES, AND 
COLONIES 

NOW OR HERETOFORE FORMING 

THE UNITED STATES OF AMERICA 



Compiled and Edited 
under the Act of Congress of June 30, 1906 

By 

FRANCIS NEWTON THORPE, Ph. D., LL. D. 

Member of the Pennsylvania Bar; Fellow and Professor of American Constitu- 
tional History at the University of Pennsylvania, 1885-1898; Member of 
the American Historical Association; Author of The Constitutional History 
of the United States, 1765-1895; A (State) Constitutional History of 
the American People, 1776-1850; A Short Constitutional History 
of the United States; A (Social and Economic) History of the 
American People; A History of the Civil War; Editor of the His- 
tory of North America, Volumes IX, XV, XVI, XVI 11, XIX, 
XX; Author of The Government of the People of the 
United States; Benjamin Franklin and the University 
of Pennsylvania; The Life of William Pepper, etc. 



VOL. I 

United States — Alabama — District of Columbia 



WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1909 



TABLE OF COlSTTEIsTTS 



[AN ALPHABETICAL INDEX WILL BE FOUND AT THE END OP THE LAST VOLUME.] 



Page. 

List of Authorities xv 

The United States : 

The Declaration of Independence — 1776 3 

Articles of Confederation — 1777 1 9 

Constitution of the United States — 1787 19 

Amendments to the Constitution of 1787 29 

Commissions, charters, and plans of T^nion: 

Privileges and prerogatives granted to Christopher Columhus — 1492.- 39 

Bull of Pope Alexander— 1493 41 

Letters patent to John Cahot — 149(5 4'), 40 

Letters patent to Sir Humfrey Gylberte — 1578 49 

Charter to Sir Walter Raleigh— 1584 53 

Charter of the Dutch We.st India Company — 1(521 ^ 59 

Sir Robert Heath's patent— 1629 69 

Nevr England articles of confederation — 1(543 77 

The Albany plan— 1754 aS 

Alabama : 

Charter of Carolina— 1663 : 2753 

Proprietary proposals, North Carolina — 1663 , 2743 

Charter of Carolina— 1665 2761 

Fundamental constitutions, Carolina — 1(569 2772 

Charter of Georgia— 1732 765 

Constitution of South Carolina— 1776 3241 

Constitution of Georgia — 1777 777 

Constitution of South Carolina— 1778 3248 

Constitution of Georgia — 1789 785 

Territory south of the Ohio— 1790 3413 

Territorial government, Mississippi — 1798 2025 

TeiTitorial government, Mississippi — 180(^ 2027 

Territorial government, Mississippi— 1808 2029 

Proclamation, occupation of [Louisiana] Territory — 1810 1375 

Territorial government. Alabama — 1817 89 

Treaty with Spain— 1819 649 

Enabling act, Alabama— 1819 92 

Resolution for admission of Alabama — 1819 95 

Constitution, Alabama — 1819 9(5 

Constitution. Alabama — 1865 116 

Constitution, Alabama— 1867 132 

Constitution. Alabama — 1875 153 

Constitution, Alabama— 1901 . 182 

Alaska : 

Treaty ceding Alaska— 1867 235 

Civil government in Alaska— 1884 238 

Civil government in Alaska— 1900 243 

Arizona : 

Treaty with Mexico— 1848 377 

Territorial government of New Mexico — 1850 2615 

Treaty with Mexico — 1853 255 

Territorial government — 18(53 259 

Enabling act— 1906 (see Oklahoma) 2960 

III 



IV Table of Contents 

Abkansas : Page. 

Treaty with Frante ceding Louisiana — 1803 1359 

Act of Congress establishing the district government of Louisiana — 

1804 1364 

Act of Congress establishing the Territorial government of Ix)ui8i- 

ana— 1805 1371 

Act of Congress establishing the Territorial government of Mis- 
souri— 1812 2139 

Act of Congress establishing the Territorial government of Ar- 
kansas— 1819 261 

Constitution of Arlvansjis— 183G 268 

Act of Congress onal>l!ng Arkansas to become a State — 1836 204 

Supplementary act of Congress enabling Arkan»is to become a 

State— 18.S6 , 2«<> 

Ordinance of acceptance by Arkansas — 1836 267 

Constitution of Arkansjis— 1864 288,4157 

Constitution of Arkansas— 1868 306 

Constitution of Arkansas— 1874 333 

Cam ►■OHM A : 

Treaty with Mexico ceding California— 1848 377 

Constitution of California— 1H49 391 

Act for admission of California— ISTiO 390 

Constitution of California— 1S79 412 

Chartkks and Commissions {svc Commissions, Charters, and Plans of 

Union— 1492-1754) 39-86 

See also Charters under resi>ective States. 

COLOBADO : 

Treaty with France ceding I^ulsiana — 1803 1359 

Organic acts. Mexico-Texas— 1824-1845 3475-3547 

Oovernment of the Indian country — 18134 1097 

Convention iM'tween the Unitetl States and Texas — 1838 3543 

Treaty with Mexico ceding Texas— 1848 377 

Territorv of Mexico— 1850 2615 

Territory of Utah— 1850 ^ 3687 

Territories. Kansas and Nebraska — 1854 1161 

Act of Congress establishing the Territorial government of Colorado — 

1861 463 

Act of Congress enabling Colorado to l>e<*on)e a State — 1875 470 

Pr<K*lamatlon announcing the admission of Colorado — 1876 473 

Constitution of Colorado — 1876 , 474 

Connecticut: 

Virginia charter— 160<j 'M^\ 

Council for New Kngland — 1620 1827 

F'undamental orders of Connecticut — 16.38-39 .^»10 

Commission to Andros — 1688 1863 

Finidamental agreement or original constitution of the Colony of 

New Haven. .Tune 4. 1»W0 .' .'i2:{ 

(Jovernment of New Haven Colony — 1643 '. .126 

Charter of C<mne<'ticut — m62 529 

Constitution of Connecticut — 1818 536 

Dklawark : 

Virginia charter — 16(k; :i78:j 

Dutch West India Company's patent — 1621 .59 

.Maryland charter — l»5.*i2 1G69 

(Jrant to Duke of York— 1664 ' 1637 

Grant to Duke of York — 1674 1641 

Grant to William Penu— 1681 3044 

Frames of government. Pennsylvania — 1682, 1683, 1096 3052,3064.3070 

Charter of Delaware — 1701 557 

Constitution of Delaware — 1776 562 

Constitution of Delaware — 1792 .568 

Constitution of I>elaware — 1831 .182 

Constitution of Delaware — 1897 HOO 

District of Columbia : 

Act tixlng the seat of government — 1790 637 

Government of the District of Columbia — 1801 638 

Permanent government for District of Columbia — 1878 641 



Table of Contents 



Florida : Page. 

Prerogatives granted to Christopher Columbus — 1492 39 

Bull of Pope Alexander conceding America to Spain — 1493 41 

Treaty with Spain fixing boundaries — 1795 (»49 

Treaty with Spain ceding Florida— 1819 049 

Temporary government of Florida — 1819 050 

Act of Congress establishing the Territorial government of Florida — 

1822 057 

Constitution of Florida— 1838 064 

Act of Congress enabling Florida to become a State — 1845 662 

Constitution of Florida — 1805 685 

Constitution of Florida— 1808 704 

Constitution of Florida— 1885 732 

Georgia : 

Charter of Virginia— 1006 3783 

Charter of Carolina— 1003 2743 

Proprietary proposals — 1003 2753 

Charter of Carolina— 1005 2761 

Fundamental constitutions, Carolina — 1009 2772 

Charter of Georgia— 1732 765 

Constitution of Georgia— 1777 777 

Constitution of Georgia — 1789 785 

Constitution of Georgia— 1798 791 

Constitution of Georgia— 1805 809 

Constitution of Georgia— 1868 822 

Constitution of Georgia— 1877 842 

Guam (see Philippines) 877 

Hawaii : 

Joint resolution for annexation of Hawaiian Islands — 1898 879 

Territorial government of Hawaii — 1900 881 

Idaho : 

Convention with Great Britain— 1818 2983 

Convention with Russia — 1824 2983 

Treaty with Great Britain— 1840 2985 

Territorial government, Oregon — 1848 2980 

Territorial government, Washington — 1853 3963 

Temporary government, Idaho — 1803 905 

Temporary government, Idaho — 1804 912 

Act for admission of Idaho— 1890 913 

Constitution of Idaho— 1889 918 

Illinois : 

Act of cession by Virginia — 1783 955 

Deed of cession from Virginia — 1784 957 

Act of Congress establishing the Northwest Territorial government — 

1787 957 

Act of ratification by Virginia— 1788 903 

Supplementary act of Congress establishing the Northwest Terri- 
tory— 1789 903 

Act of Congress dividing the Northwest Territorial government — 1800- 904 
Act of Congress establishing the Territorial government of Illinois — 

1809 966 

Act of Congress enabling Illinois to become a State — 1818 967 

Ordinance by Illinois accepting the enabling act — 1818 970 

Resolution of Congress — 1818 971 

Constitution of Illinois— 1818 ^ 972 

Resolution of Congress declaring the admission of Illinois — 1818 985 

Constitution of Illinois— 1848 985 

Constitution of Illinois— 1870 1013 

Indiana : 

Act of cession by Virginia — 1783 955 

Deed of cession from Virginia — 1784 957 

Act of Congress establishing the Northwest Territorial government — 

1787 957 

Act of ratification by Virginia — 1788 963 

Supplementary act of Congress establishing the Northwest Terri- 
tory— 1789 963 

Actof Congress dividing the Northwest Territorial government — 1800. 964 



Vt Tahie of Contents 

Indiana — rontlnued. Page. 
Act of ('ontcress establisliing the Territorial goveruiueDt of Indiaiui — 

1809 9tH\ 

Supplementary act of Congress establishing the Territory of Indi- 
ana— 1814 lOKJ 

Act of ('ongress enal»ling Indiana to become a State — 181(5 l(>r>:? 

Ordinance by Indiana accepting the enabling act — 1816 105<; 

Constitution of Indiana— 1816 1057 

Resolution of Congress declaring the admission of Indiana — 1816 1057 

Constitution of Indiana— 1851 1073 

Indian Tkrritoby : 

Treaty c-eding Ix)ui8iana— 1803 1359 

District of Ix)Uisiana— 1804 1364 

Territory of I^nisiana — 1805 1371 

Territory (»f Missouri— 1812 2139 

Territory of Arlcansas- 1819 261 

Act for government of the Indian country — 1834 1097 

Court in Indian Territory— 1889 1104 

Enabling act for Oklahoma and Indian Territory— 1906 2960 

Iowa: 

Treaty with France ceding Louisiana — 1803 1359 

Act of Congress establishing the district government of Louisiana — 

1804 1364 

Act of Congress establishing the Territorial government of Ix>ulsi- 

ana— 1805 1371 

Act of Congress establishing the Territorial government of Missouri — 

1812 2139 

Act of Congress establishing the Territorial government of Michl- 

gan— 1834 1111 

Territorial government of Wisconsin — 1830 4065 

Act of Congress establishing the Territorial government of Iowa — 

18:« nil 

Act of Congress enabling Iowa to become a State — 1845 662,1 118 

Supplementary enabling act for Iowa — 1845 1118 

Act of Congress defining the boundaries of Iowa — 1846 1121 

Constitution of Iowa— 1846 1123 

Act of Congress declaring the admission of Iowa — 1840 '_ 1122 

Constitution of Iowa— 1&57 1136 

Kansas : 

Treaty with France ceding I»uisiana — 1803 1359 

Act of Congress establishing the district government of Ix)uislana — 

1804 1364 

Act of Congress establishing the Territorial government of Loui- 
siana— 1805 - 1371 

Act of Congress establishing the Territorial government of Missouri — 

1812 2139 

Treaty with Spain— 1819 649 

Act for government of Indian countrj' — 1834 1097 

Resolution admitting Texas — 1845 3544 

Treaty with Spain c-eding California — 1848 377 

Act of Congress establishing the Territorial government rf Kansas — 

1854 1161 

Act for the admission «»f Kansas — 18<J1 1176 

Constitution of Kansas — 1855 1179 

Constitution of Kansas — 1857 1201 

Constltuti«m of Kansas — 1858 i 1221 

Constitution of Kansas — 1859 1241.4157 

KENTrCKY : 

The thrw charters of Virginia— 1<50<;. HJO!), 1611-12 378:i, 3810-3812 

Constitution of Virginia — 1776 :}812 

Act of Congress establishing the Territorial government south of the 

Ohio— 1790 1263 

Act of Congress declaring the admission of Kentucky — 1791 1204 

Constitution of Kentucky— 1792 1264 

Constitution of Kentucky— 1799 1277 

Constitution of Kentucky— 1850 1292 

Constitution of Kentucky— 1890 1316 



Table of Contents vii 



Louisiana : Page- 
Treaty with France ceding I^uisiaua — 1803 1359 

Convention between the United States and the French Republic — 

1803 1302 

Act of Congress for taking possession of Louisiana — 1803 1364 

Act of Congress establishing the district government of Louisiana — 

1804 -• 1364 

Act of Congress establishing the Territorial government of Orleans — 

1805 1371 

Act of Congress establishing the Territorial government of Loui- 
siana— 1805 1373 

Proclamation respecting taking possession of part of liouisiana — 

1810 1375 

Act of Congress enabling Louisiana to become a State— 1811 1376 

Act of Congress declaring the admission of Louisiana — 1812 1378 

Constitution of Louisiana— 1812 1380 

Act of Congress enlarging the limits of Ix>uisiana — 1812 1380 

Constitution of Louisiana — 1845 1392 

Constitution of Louisiana — 1852 1411 

Constitution of Louisiana — 1804 1429 

Constitution of Louisiana — 1808 1449 

Constitution of Louisiana — 1879 1471 

Maine : 

The charter of Acadia— 1603 l 1619 

The first charter of Virginia— 1600 3783 

Charter to Council of New England— 1620 1827 

Charter, Massachusetts Bay— 1629 1846 

Commissionof Andros — 1688 1863 

Grant of Province of Maine to Gorges and Mason — 1622___ 1621 

Royal grant of the Province of Maine— 1630 1625 

Royal grant of the Province of Maine — 1664 1637 

Royal grant of the Province of Maine — 1674 1641 

The second charter of Massachusetts Bay — 1691 1870 

Explanatory charter, Massachusetts — 1725 1886 

Constitution, Massachusetts — 1780 1888 

The constitution of Maine— 1819 1(J46,4159 

Cession of Maine by the State of Massachusetts- 1820 1644 

Act of Congress declaring the admission of Maine — 1820 1645 

Maryland : 

Virginia charter— 1606 3783 

Virginia charter — 1609 3790 

Virginia charter— 1612 3802 

Ordinances of Virginia— 1621 3810 

Charter, Dutch West India Company — 1621 59 

The charter of Maryland— 1632 1669 

[Translation, 1677.1 

Charter to Penn— 1681 3035 

Constitution of Maryland— 1776 1686 

Constitution of Maryland— 1851 1712 

Constitution of Maryland— 1864 1741 

Constitution of Maryland— 1867___i 1779 

Massachusetts: 

The first charter of Virginia— 1606 3783 

The charter of New England— 1620 1827 

Agreement between the settlers at New Plymouth — 1620 1841 

Charter of Plymouth to William Bradford and his associates — 1629_- 1841 

The charter of Massachusetts Bay— 162!) 1846 

Act of surrender of the great charter of New England to His 

Majesty— 1635 1800 

Bradford's surrender of his patent of Plymouth to the Freemen — 1640 1861 

Commission of Sir Edmund Andros— 1688 1863 

The charter of Massachusetts Bay — 1691 1870 

Explanatory charter of Massachusetts Bay — 1725 188(» 

Constitution of Massachusetts— 1780 1888 

Michigan : 

Act of cession by Virginia — -1783 955 

Deed of cession from Virginia — 1784 957 



\ 1 1 1 Tnhle of ContetiL'i 

MiiuiuAN — ('ontlnutHl. v&«o. 
Act of ('oiiKrpKs estnhlishiii); the Northwest Territorial goveruoient — 

1787 !)o7 

Act of ratification by Virginia— 1788 • 963 

Act of Congress establishing the Northwest Territorial government — 

1789 ^ 968 

Act of Congress dividing the Northwest Territorial government — 1800 964 

Enal)ling act. Iliinois— 1818 967 

Act of Congress estalilishing tiie Territorial government of Michigan — 

ISO.-. 1925 

Extension of Mlcliigan Territory— 18:14 1111 

Constitution of Michigan— 18:}5 1930 

Act of Congress enal>liiig Michigan to l>econie a State — 1836 1926 

Supplementary act for the admission of Michigan— 1836 1928 

Act of Congress for the admission of Michigan — 18;{7-_- 192!) 

Constitution of Michigan— 1850 1944.4204 

MiNNKSOTA : 

Act of cession l>y Virginia— 178:^ 955 

Virginia <lccd of cession — 1784 957 

Act of Congress estal)lishing the Northwest Territory — 1787 957 

Virginia act of ratification— 1788 963 

Northwest Territorial government — 1789 96;i 

Act of Congress establishing the Territorial government of Indiana — 

18(X> 964 

Treaty witli France ceding Louisiana — 18(K^ 1359 

Act of Congress establisliing tlie Territorial government of Michigan — 

1805 ^ 1925 

District of Louisiana— 1804 1 1364 

Territory of Louisiana — 1805 1371 

Act of Congress establishing the Territorial government of Illinois — 

1809 96<5 

Act of Congress establishing the Territorial government of Missouri — 

1812 2139 

Enabling act. Illinois— 1818 967 

Extension of Michigan Territory — 1834 1111 

Act of Congress establishing the Territorial government of Wlscon- 

sin— 18'?6 4065 

Act of Congress establishing the Territorial government of Iowa — 

1838 nil 

Act of Congress establishing the Territorial government of Minne- 
sota— 1849 1981 

Act of Congress enabling Minnesota to become a State — 1857 1988 

Constitution of Miniu^sota — 1857 1991 

Act of Congress for the admission of Minnesota — 1858 1990 

Mississippi : 

Proprietary charter of Carolina — 1063 2743 

Projirietary projw.sals, North Carolina — 1663 2753 

Proprietary charter. Carolina — 1665 275(> 

Kundnnicntal constitutions. Carolina — 1669 2772 

Proprietary diartcr of (ieorgia — 1732 l 7(»5 

Constitution. South Carolina — 1776 .■i241 

Constitution. (Jeorgia^ — 1777 777 

Constitution. South Carolina — 1778 3248 

Constitution. (;<H)rgia — 178!) 785 

Territory south of Ohio River— 1790 340!) 

Act of Congress establisliing the Territorial government of Missls- 

slppi— 1798 2025 

Act of Congress establishing the Territorial government of Mlssls- 

slppl— 1800 2027 

Act of Congress extending the right of sufTraige in the Territory of 

Mississippi— 1808 2029 

Pro<'laniation, m-cupatlon of Territory — 1810 1375 

Act of Congress cnai)ling Mississippi to liecome a State — 1817 2029 

Act of Congress for the admission of Mississippi — 1817 2032 

Constitution of Mississippi — 1817 2032 

Constitution of Mississippi— 1832. 204!) 

Constitution of Mississippi— 1868 1»06!) 

Constitution of Mlssl.Hslppl— 1S!k» 2090 



Table of Contents ix 



Missouri : Page- 
Treaty with France ceding: Louisiana — 1803 1359 

Act of Congress establishing tiie district government of Louisiana — 

1804 1364 

Act of Congress establishing the Territorial government of Lou- 
isiana— 1805 1371 

Act of Congress establishing the Territorial government of Missouri — 

1812 2139 

Act of Congress amending the act establishing the Territorial govern- 
ment of Missouri — 1816 2144 

Act of Congress enabling Missouri to become a State — 1820 2145 

Constitution of Missouri— 1820 2150 

Resolution for the admission of Missouri — 1821 2148 

Proclamation admitting Missouri — 1821 2149 

Ordinances of the convention of Missouri — 1861-1863 2174 

Constitution of Missouri — 1865 2191 

Constitution of Missouri — 1875_ 2229 

Montana : 

Treaty ceding Louisiana — 1803 1359 

District of Louisiana— 1804 1364 

Territory of Missouri— 1812 2139 

Convention with Great Britain— 1818 2983 

Convention with Russia— 1824 2983 

Act for the government of the Indian country — 1834 1097 

Territory of Oregon— 1848 2986 

Territory of Washington— 1853 3963 

Territory of Nebraslva— 1854 1161 

Territory of Idaho— 1868 905 

Temporary government, Territory of Montana — 1864 2281 

Enabling act for Montana— 1889 2289 

Proclamation announcing admission of Montana — 1889 2299 

Constitution of Montana— 1889 2300 

Nebraska : 

Treaty with France ceding Louisiana — 1803 1 1359 

Act of Congress establishing the district government of Louisiana^ — 

1804 1364 

Act of Congress establishing the Territorial government of Louisi- 
ana— 1805 1371 

Act of Congress establishing the Territorial government of Missouri — 

3812 2139 

Act of Congress enabling Missouri to become a State — 1820 2145 

Act for government of Indian country— 1834 1097 

Treaty of Guadalupe-Hidalgo with Spain — 1848 377 

Act of Congress establishing the Territorial g:)vernment of NebrasivU 

and Kansas— 1854 1161 

Act of Congress enabling Nebraska to become a State — 1864 2343 

Constitution of Nebraska— 1866-67 2349 

Act of Congress for the admission of Nebraska — 18<i7 2346 

Proclamation announcing the admission cf Nebraska— 1867 2347 

Constitution of Nebraska — 1875 2361 

Nevada : 

Treaty of Guadalupe-Hidalgo with Spain — 1848^ 377 

Act of Congress establishing the Territorial government of Utah — 

1850 3<J87 

Act of Congress establishing the Territorial government of Nevada — 

1861 2391 

Act of Congress enabling Nevada to become a State — 1864 2397 

Proclamation announcing the admission of Nevada — 1864 2400 

Constitution of Nevada— 1864 2401 

New Hampshire : 

Virginia charter— 1606 3783 

Council for New England— 1020 1827 

Grant of New Hampshire to Mason — 1629 2433 

Charter of Massachusetts Bay — 1629 i 1846 

Grant of New Hampshire to Wollaston— 1635 . 2437 

Grant from Wollaston to Mason— 1635 2439 

Grant to Mason [Masonia]— 1635 2441 



Tdlfle of CmUenLs 



New Hampshire — rontiiuiotl. Page. 

(inuit to Musoii [New Hampshire 1 — 1(535 2443 

Agreement of settlers at Exeter — Ui39 2445 

riscataqua U her government — 1(541 2445 

Commission of Jobu Ciitt— 1G80 2440 

Connuission to Audrtw — l(j88 18(8 

Constitution of New Hampshire — 177(J 2451 

Constitution of New Ilanipsliirt^— 1784 2453 

Constitution of New Hampshire — 1792 2471 

Amended coustitutiou of 1792 [19(X}] 2491 

Bibliographical outline : 2513 

New Jersey : 

Virginia charter— 160G 3783 

Council for New England — 1(>20 1827 

Dutch West India Company — 1(521 59 

Grant to the Duke of York— 1(5(54 1 1637 

Duke of York's release to Lord Berkeley and Sir George Carteret — 

1(>(54 2533 

Concession and agreement [Nova Csesarea] — 1(5(J4 2535 

Dec-laration of the lords proprietors — 1G72 2544 

Grant to the Duke of York— 1G74 1(541 

Duke of York's grant to Cai'teret — 1674 254(5 

Charter, or fundamental laws, West New Jersey — 1()7() . - 2548 

Duke of York's second grant to Penn and others — 1680 25(50 

Province of West New Jersey — 1681 25(>5 

Duke of York's confirmation to the proprietors — 1682 2.567 

Fundamental constitutions, East New Jersey — 1683 2574 

The Queen's acceptance of the surrender of government — 1702 2584 

Surrender of the Jerseys bv the proprietors — 1702 2585 

Charles II's grant of New England to the Duke of York— 1672-1 71 2__ 2590 

Constitution of New Jersey — 1776 2594 

Constitution of New Jersey— 1844 2599,418(5 

New Mexico : 

Mexican constitution — 1824 3475 

Constitution of Coahuila and Texas — 1827 1 3495 

Constitution of Texas— 18.35 .3.'520 

Texas declaration of indei^endence — 1836 .3520 

Ordinances of Texas— 1836 ^_-- .^5.30 

Annexation of Texas— 1845 .3.544 

Admission of Texas — 184.5 .'J.546 

Territorial government of New Mexico — 18.50 2(515 

Mexican treaty of c*ession — 18.53 255 

Enabling act for New Mexico and Arizon.-i — 190(; 2960 

New York : 

Virginia charter— 1606 378.3 

Council for New England— 1620 1827 

Dutch West India Company's patent — 1621 59 

Charter of Massachusetts Bay— 1629 184(5 

Charter of Connecticut— 16(52 529 

Hoval grant to the Duke of York — 16(54 16:J7 

Royal grant to the Dulie of York— 1674___ 1641 

Charter of IVnnsylvania— 1(581 .3035 

Commission of orders — 1(588 18(5.3 

C«>nstitution of New York — 1777 2(523 

Constitution of New York — 1821 2C>;«» 

Constitution of New York — 184(5 2t55:> 

Constitution of New York — 1894 l.'(;!t4 

NoKTii Carolina : 

Charter to Sir Walter Raleigh— 1584 53 

Charter of Virginia— 1(KW5 .3783 

Charter of Virginia— 1(50!) .3790 

Charter of Virginia— 1612 •-. .'5802 

Ordinances for Virginia— 1021 :. .3810 

Charter of Carolina— 1(56:^ 2743 

Charter of Carolina — 1665 275(5 

The fundamental constitutions of North Carolina — 1660 2772 

The Mecklenbnrgb resolutions — 1775 2780 



Table of Contents XI 

North Carolina — Continuetl. Page. 

Constitution of North Carolina — 177(! ^^ 2787 

Ordinance of tlie convention of Nortli C'arolina — 18(>5 2799 

Constitution of North Carolina— 18(58 2800 

Constitution of North Carolina — 1876 2822 

North Dakota : 

Treaty ceding Louisiana— 1803 1 1359 

District of Louisiana— 1804 1364 

Territory of Louisiana — 1805 1373 

Territory of Missouri— 1812 2139 

Act extending Michigan Territory — 1834 1111 

Territory of Wisconsin— 1830 4065 

Territory of Iowa— 1838 1111 

Territory of Minnesota— 1849 1981 

Territory of Nebraska— 1854 1161 

Temporary government of Dakota — 1861 2845 

Enabling act, North Dakota— 1889 2281 

Proclamation, admission of North Daliota — 1889 2852 

Constitution of North Dakota— 1889 2854 

Ohio: 

Act of cession l>y Virginia — 1783 955 

Deed of cession from Virginia — 1784 957 

Act of Congress establishing the Northwest Territorial government — 

1787 957 

Act of ratification by Virginia — 1788 963 

Act of Congress establishing the Northwest Territorial government— 

1789 963 

Act of Congress dividing the Northwest Territorial government — 1800- 964 

Act of Congress enabling Ohio to become a State — 1802 2897 

Constitution of Ohio— 1802 2901 

Act of Congress recognizing the State of Ohio— 1803 2900 

Constitution of Ohio— 1851 2913,4157,4158 

Oklahoma; 

Treaty ceding Louisiana — 1803 1359 

District of Louisiana- 1804 1364 

Territory of Louisiana — 1805 1373 

Territory of Missouri— 1812 2139 

Territory of Arkansas — 1819 201 

Florida treaty— 1819 649 

Government of the Indian country — 1834 1097 

Organic acts, Mexico, Texas— 1824-1845 3475-3569 

New Mexico, Texas — 1850 2615 

Territorial government for Oklahoma— 1890 2939 

Enabling act, Oklahoma— 1906 2900 

Procliunatiou admitting Oklahoma 4269 

Constitution of Oklahoma— 1907 4271 

Oregon : 

Convention with Great Britain— 1818 2983 

Convention with Russia— 1824 298ii 

Treaty with Great Britain— 1846 2985 

Act of Congress establishing the Territorial government of Oregon — 

1848 2986 

Constitution of Oregon— 1857 ^ 2998 

Act of Congress for the admission of Oregim — 1859 __ 2996 

Panama Canal Zone : 

Act for construction of Isthmian Canal— 1902 3021 

Isthmian Canal convention— 1903 3024 

Pennsylvania : 

Charter of Virginia— 1606 3783 

Council of New England— 1620 1 . 1827 

Dutch West India Company— 1621 59 

Charter of Maryland— 1632 , 1669 

Charter of Connecticut— 1662 529 

Grant to Duke of York— 1664 1637 

Grant to Duke of York— 1674 1641 

Charter for the province of Pennsylvania — 1861 l 3035 

Concessions to the province of Pennsylvania — 1681 3044 



xir Table of Contents 

Pknns-vxvania — Continued. Page. 

Penn's charter of liberties — 1682 3047 

Frame of government of Pennsylvania — Ui82 : __ 3052 

Frame of government of Pennsylvania — 1(*>H3 3064 

Frame of government of Pennsylvania — KMMJ 3070 

Charter of privileges for Pennsylvania — 1701 3076 

Constitution of Pennsylvania — 1776 3081 

Constitution of Pennsylvania — 1790 3092 

Constitution of Pennsylvania— 1&38 3104 

Constitution of Pennsylvania — 1873 3121 

Philippine Islands, The: 

Treaty with Spain— 1898 3153 

Philippine Commission, the — 1900 _: 3158 

Extension of powers of the Philippine Connnlssion — 1001 3165 

Civil government of the Philippines — 1!K>2 316<i 

Plans of Union : 

New England confederation — 1«>43_- 77 

Albany plan — 1754 S;{ 

Articles of confederation — 1777 9 

Constitution of the United States— 1787 19 

PoRTO Rico: 

Treaty of cession— 1898 3153 

Civil government of Porto Rico— 1900 3191 

Temiwrary provision for civil affairs of — 1900 3202 

Rhode Island: 

Charter of Virginia— 1606 ,3783 

Council for New England — 1620 1827 

Commission of Andros — 1688 1863 

Agreement at Providence — 1640 3205 

Government of Rhode Island— 1641 3207 

Patent for Providence Plantations— 1643 .3209 

Charter of Rhode Island and Providence Plantations — 1663 .3211 

Constitution of Rhode Island— 1842 .3222 

Samoa (see Tutulla) .3675 

Solth Carolina : 

Charter to Raleigh— 1.584 53 

Charter of Virginia— 160() 3783 

Charter of Virginia— 1609 z : i _. 3790- 

Charter of Virginia— 1612 .3802 

Ordinances for Virginia— 1621 .3810 

Charter of Carolina— 1663 - 2743 

Charter of Carolina — 1665 2756 

Constitution of South Carolina— 177(5 3241 

Constitution of South Carolina— 1778 3248 

Constitution of South Carolina— 1790 .3258 

Constitution of South Carolina— 1865 ^_- 3269 

Constitution of South Carolina— 18(J8 3281 

Constitution of South Carolina— 1895 ^307 

South Dakota : 

Treatv ceding Louisiana— 1803 1359 

District of Ix)uisiana— 1804 13(54 

Territory of Louisiana — 1805 1373 

Territory of Missouri— 1812 21.39 

Act extending Michigan Territory — 1834 1111 

Territorv of Wisconsin — 18.3<! 4(Hr> 

Territory of Iowa— 18:{8 1111 

Territorj- of Nebraska— 1854 1161 

Enabling act for South I)ak(.ta— 1889 2289 

Proclamation of admission of South Dakota — 1889 3.355 

Constitution of South Daliota--1889 liHiil 

Virginia charter— 1609 3790 

Virginia charter— 1612 .3802 

Ordinances for Virginia- 1621 .3810 

Proprietary charter of Carolina — 1663 2743 

Proprietary proiKJsals— l(i<;3 27.53 

Fundamental constitutions of Carolina — 1669 ■ 2772 

Constitution of North Carolina— 1770 2787 



Table of Contents xiii 

Tennessee : Page. 

Act of Congress accepting the cession of Tennessee — 1790 3409 

Act of Congress establishing the Territorial government south of the 

Ohio— 1790 3413 

Act admitting Tennessee — 1796 3414 

Constitution of Tennessee — 1796 3414 

Constitution of Tennessee — 1834 3426 

Constitution of Tennessee— 1870 3448 

Texas : 

Spanish claim of dominion in America — 1492-93 (Papal Bull) 41 

Constitution of the Republic of Mexico — 1824 3475 

Constitution of Coahuila and Texas — 1827 3495 

Provisional constitution of Texas— 1835 3520 

Declaration of Texan independence — 1836 3528 

Executive ordinance of Texas— 1836 3530 

Constitution of the Republic of Texas— 1836 3532 

Convention between the United States and Texas — 1838 3543 

Consent of Texas to annexation — 1845 3540 

Constitution of Texas— 1845 3547 

Joint resolution of Congress admitting Texas into the Union — 1845__ 3568 

Treaty of Guadalupe-Hidalgo wMth Mexico — 1848 377 

Constitution of Texas— 1866 3569 

Constitution of Texas— 1868 3591 

Constitution of Texas— 1876 3621 

TuTuiLA (Samoa) : 

General act for the Samoan Islands — 1889 3675 

Convention for the partition of Samoa — 1899 3685 

Utah : 

Organic acts for Mexico and Texas — 1824-1845 3475-3547 

Treaty of Guadalupe-Hidalgo — 1848 - 377 

Territory of Utah— 1850 3687 

Enabling act for Utah— 1894 3693 

Proclamation of admission of Utah — 1896 3699 

Constitution of Utah— 1895 3700 

Vermont : 

Constitution of Vermont — 1777 3737 

Constitution of Vermont — 1786 3749 

Act of Congress for the admission of Vermont into the Union — 1791— 3761 

Constitution of Vermont— 1793 3762 

Historical note 3778 

Virginia : 

Grant to Sir Walter Raleigh— 1584- 53 

The first charter of Virginia— 1606 3783 

The second charter of Virginia — 1609 3790 

The third charter of Virginia— 1611-12 3802 

Ordinances for Virginia— 1621 3810 

Declaration of rights by Virginia — 1776 3812 

Constitution of Virginia— 1776 3812 

Constitution of AMrginia— 1830 3819 

Constitution of Virginia— 1850 3829 

Constitution of Virginia— 1864 3852 

Constitution of Virginia — 1870 3871 

Constitution of Virginia — 1902 3904 

Washington : 

Conventibn with Great Britain— 1818 2983 

Convention with Russia— 1824 2983 

Territorial government of Oregon — 1848 2986 

Territorial government of Washington — 1853 3963 

Enabling act for Washington— 1889 2289 

Proclamation of admission of Washington — 1889 3971 

Constitution of Washington— 1889 3973 

West Virginia : 

Charter to Raleigh — 1584 53 

Charter of Virginia— 1609 1 3790 

Charter of Virginia— 1612 38Q2 

Ordinances of Virginia— 1621 3810 

Constitution of Virginia— 1776 3812 



XIV Table of Contents 

West Virginia — Continued. Page. 

Constitution of Virginia— 1830 3819 

Constitution of Virginia— 1850 3829 

Constitution of West Virginia- 1861-1863 4013 

Act of Congress for the admission of West Virginia — 1862 4011 

Proclamation of admission of West Virginia — 18«W 4012 

Joint resolution transferring territory to West Virginia — 1866 4013 

Constitution of West Virginia— 1872 4033,4235 

Wl8CX)NSIN : 

Act of cession by Virginia — 178.3 955 

Deed of cession from Virginia — 1784 957 

Act of Congress establishing the Northwest Territorial government — 

1787 957 

Act of ratification by Virginia— 1788 963 

Act of Congress establishing tlie Northwest Territorial government — 

1789 963 

Act of Congress establishing the Territorial government of Indiana — 

1800-1809 904,966 

Act of Congress enabling Illinois to become a State — 1818 967 

Act of Congress establishing the Territorial government of Wiscon- 
sin— 1836 4065 

Act of Congress establlsliing the Territorial govenunent of Iowa — 

1838 - 1111 

Act of (Congress enabling Wisconsin to iHHronie a State — 1846 4071 

Act of Congress for the admission of Wisconsin — 1848 4074 

Constitution of Wisconsin— 1848 4077 

Wyomino : 

Treaty ceding Louisiana — 180.*5 i;J59 

District of Louisiana— 1804 ^ 1364 

Territory of Louisiana — 1805 1373 

Territory of Missouri— 1812 2139 

Convention with Great Britain— 1818 2983 

Treaty ceding Florida and fixing boundaries — 1819 649 

Convention with Russia— 1824 2983 

Organic acts, Mexico, Texas— 1824-1845 3475-3547 

Act for governnient of Indian Territory — 1834 1097 

Annexation of Texas— 1845 ___^ 3544 

Treaty with Great Britain— 1846 2985 

Treaty of Guadalupe Hidalgo— 1848 377 

Treaty of Oregon— 1848 2986 

Territory of Utah— 1850 .3687 

Territory of Washington— 1853 396.3 

Territory of Nebraska— 1854 1161 

Territory of Idaho— 1863 !K)."> 

Territory of Montana— 1864 2281 

Tem|)orary government of Wyoming — 1868 4105 

Act for admission of Wyoming — 1890 4111 

Constitution of Wyoming— 1889 -. 4117 



LIST OF AUTHORITIES 



ADAMS 

John Adams. Works. Edited by Charles Francis Adams. 10 vols. Boston : 
1850-1856. 

Adoption and Amendment of Constitutions in Europe and America. Charles 
Borgeaud. New York : 1897. 

Journal of the Convention of the Alabama Territory. Begun July 5, 1819 
[and ended August 2, 1819]. Huntsville : 1819. 8vo. 40 pp. 

ALABAMA 

The History and Debates of the Convention of the People of Alabama. Begun 
and held in the city of Montgomery, on the seventh day of January, 1861, in 
which is preserved the speeches of the secret sessions and many valuable State 
papers. By William R. Smith, one of the delegates from Tuscaloosa. Mont- 
gomex'y : Tuscaloosa : Atlanta : 1861. 4M pp. Index. 

The Constitution and Ordinances adopted l)y the State Convention of Ala- 
bama, which Assembled at Montgomery on the twelfth day of September, A. D. 
1865; with Index, Analysis, and Table of titles. By J. W. Shepherd. M6nt- 
gomery: 1865. 88 pp. 80 pp. 

Journal [and Ordinances] of the Constitutional Convention of Alabama, No- 
vember 5-December 6, 1867. Montgomery : 1868. 3+291 pp. 

Journal of the Constitutional Convention of the State of Alabama. Assembled 
in the city of Montgomery, September 6, 1875. Montgomery, Ala. : 1875. 231 pp. 

Journal of the Proceedings of the Constitutional Convention of the State of 
Alabama. Held in the city of Montgomery, commencing Mav 1, 1901. Mont- 
gomery, Ala. : 1901. 1888 pp. 

Two New Southern Constitutions [Alabama, 1901; Virginia, 1901]. By Albert 
E. McKinley. Political Science Quarterly. Vol. XVIII, No. 3. Boston: 1903. 

Alabama Historical Society. Transactions. 

ALMON 
The Charters of tlie British Colonies in America. John Almon, London ; 1775. 

ARCHJEOLGIA AHERICANA 

American Antiquarian Society. Archwohjia Anieiivuim. 

AMERICAN COMMONWEALTHS 
American Commonwealths Series. Edited by II. E. Scudder. Boston. 

ANDREWS 
Colonial Self-Government. C. M. Andrews. New York : 1904. 

ARKANSAS 

Ordinances of the State Convention which convened in Little Rock, May 6. 
1861. Little Rock : 1861. 128 pp. 

Journal of the [Constitutional] Convention, .Tanuaiy 4r-23, 1864. Little Rock : 
1870. 58 pp. 

The Constitution of the State of Arkansas. Framed and adopted by the con- 
vention which assembled at Little Rock, July 14, 1874, and ratified by the peo- 
ple of the State at the elections held October 13. 1874. With an appendix con- 
taining the Constitution of the United States and the Constitutions of Arkansas 
of 1836, 1861, 1864, and 1868. With notes by U. M. Rose. Little Rock, Ark. : 
1891. 399 pp. 

XV 



XVI List of Aulkorilies 

BANCROFT 

History of the Formation of the Constitution of the United States of Americii. 
2 vols, (ieorge Bancroft. New Yorlt : 1882. 

A History of the United States, (j vols. George Bancroft. New York: 
188»-1885. 

BELNAF 

The History of New Hampshire. Jeremy Helnap. 3 vols. Boston: 1742. 
Appendix [documentary]. 

BUROESS 

Political Science and Constitutional Law. 2 vols. ,7. W. Burgess. New 
York: 1890. 

CALIFORKIA 

Rei>ort of the Debates In the Convention of California on the F'ormation of 
the State Convention in Septeml>er and Octol)er, 1849. By J. Ross Browne. 
Washington : 1850. 479 pp. App. 

Debates and Proceedings of tlie Constitutional Convention of the State of 
California. Convention at the city of Sacramento, Saturday, September 28, 1878. 
E. B. Willis and P. K. Stockton, official stenographers. Sacramento: 1880. 3 
vols. 4°. 640, 512, 425 pp. 

California Historical Society. Papers and Puhlicationa. 

CHALMERS 

A Collection of Treaties between Great Britain and other Powers. George^ 
Chalmers. 2 vols. .I^ondon : 1790. 

CHANNINO AND HART 

Guide to the Study of American History. Edward Channing and Albert 
Buslmeil Hart. Boston : 1903. 

CONFEDERATION 

For data in re The formation of the Articles of Confederation, consult the 
writings of John Adams, Franklin, John Dickinson, James Madison, Alexander 
Hamilton. 

CONGRESS 

Secret Journals of the Acts and Proceedings of Congress. 4 vols. Boston : 
1821. 

CONNECTICTTT 

The Public Records of the Colony of Connecticut (1636-177(5). James Ham- 
mond Trumbull and Charles J. Hoodly. Hartford : 1850-1890. 

New Haven [Conn.] Colony Historical Society. Papers. 

Journal of the Proceedings of the Convention of Delegates convened at Hart- 
ford, August 2(5. 1818. for the I*urix)se of Forming a Constitution of Civil Gov- 
ernment for the People of the State of Connecticut. Printed by Order of the 
General Assembly. Hartford: 1873. 121 pp. 

Historical Notes of the Constitutions of Connecticut, 1639-1818, particularly 
on the Origin and Progress of the Movement which Resulted in the Convention 
of 1818 and the Adoption of the Present Constitution. By J. Hammond Trum- 
bull. Hartford : 1873. 60 pp. 

Celebration of the Two Hundred and Fiftieth Anniversary of the Adoption 
of the First Constitution of the State of Connecticut. By the Connecticut 
Historical Society and the Towns of Windsor. Hartford, and Wethersfield. 
Thursday. January 24, A. D. 1889. Hartford, Conn. : 1889. 98 pp. 

Journal of the Constitutional Convention of Connecticut, 1902. Hartford : 
1902. 493 pp. 

Preliminary Journal of the Constitutional Convention of Connecticut. 467 
pp. Hartford: 1902. 

Collected Documents of the Constitutional Convention of Connecticut. Hart- 
ford: 1902. 

Printed Resolutions, Constitutional Convention of Connecticut. Hartford : 
1902. 

Connecticut Historical Society. Papers. 



List of Authorities xvii 



CONSTITUTIONAL 

Constitutional History of the United States as seen in the Development of 
American Law. T. M. Cooley (and otliers). New Yorli: 1890. 
Constitutional Limitations. T. M. Cooley. 
The Constitutional Decisions of John Marshall. 2 vols. New York : 1905. 

CUKTIS 

Constitutional History of the United States. 2 vols. G. T. Curtis. New 
York: 1889. 

CONVENTION, 1827 

Statement on the Part of The United States of the Case Referred in Pur- 
suance of the Convention of 29th September, 1827, Between the said States 
and Great Britain, to His Majesty, the King of the Netherlands, For his Deci- 
sion Thereon. Printed but not published. Washington: Printed at the Office 
of the United States' Telegraph, 1829. 9G pp. 

Appendix to the Two Statements on the Part of the United States, Respect- 
ing the Disputed Points of Boundary Between the United States and Great 
Britain ; Referred to His Majesty, the King of the Netherlands, for His Deci- 
sion Thereon. Written and Printed Evidence Adduced On the Part of the 
United States. (With map) and Appendixes LXI-LXIX. 438 pp. 

First Statement On the Part of Great Britain, According to the Provisions 
of The Convention Concluded Between Great Britain and the United States, 
On the 29th September, 1827. For Regulating the Reference to Arbitration of 
the Disputed Points of Boundary Under the Fifth Article of the Treaty of 
Ghent. 43 pp. 

Second Statement On the Part of Great Britain, According to the Provisions 
of The Convention Concluded Between Great Britain and the United States, 
On the 29th September, 1827, for Regulating the Reference To Arbitration of 
the Disputed Points of Boundary Under the Fifth Article of the Treaty of 
Ghent. 41 pp. Appendixes, 30 pp. 

Decision of the Arbiter, 13 pp. Protest (of the United States) pp. 14-16. 

DELAWARE 

Our State Constitutions. James Q. Dealey, American Academy of Political 
and Social Science. Philadelphia, March, 1907. 98 pp. 

Colonial Records (1G83-1790). 16 vols. Philadelphia: 1852-53. 

Debates and Proceedings of the Constitutional Convention of the State of 
Delaware. 1853. Dover, Del. 318 pp. Index. 

Delaware Historical Society. Papers. {See also Constitutional Pennsylvania.) 

DICKINSON 

John Dickinson. Political Writings. 2 vols. Wilmington : 1801. 

DOYLE 

The English Colonies in America. J. A. Doyle. 5 vols. New York: 1882- 
1906. 

FEDERALIST 

The Federalist. (Edited by H. C. Lodge; by P. L. Ford; by Henry B. Daw- 
son ; by J. C. Hamilton. ) 

FLORIDA 

Constitution and Ordinances Adopted at the Convention [of Florida], Janu- 
ary 3-21. 1861. Tallahassee : 1861. 68 pp. 

The Constitution [of Florida] as Amended and Ordinances Adopted at Called 
Session, January 14-27, 1862. 48 pp. n. p. n. d. The Proceedings of the Called 
Sessions, February 2r>-March 1, 1861 ; April 18-27, 1861. 70 pp. 

Journal [and Ordinances] of the Convention held January 3-21, 1861. 
[Florida.] Tallahassee : 1861. 112 pp. 

Journal of the Convention, January 14-27, in Called Session. [Florida.] 
110 pp. n. p. n. d. 

Journal of the Constitutional Convention of Florida [and Constitution 
Adopted]. Tallahassee: 1865. 34,22,167 pp. 

7251— VOL 1—07 2 



XVIII lAsl of Authcrrities 

Journal of the [Constitutional] Convention (of Florida], January 20-February 
25. 18<JS. Tallahassee : 18(«. 134 pp. 

Journal of the Pr(X*ee(liug8 of the Constitutional Convention of the State of 
Florida. BeKun and held at the capltol, at Tallahassee, on Monday, Januarj' 
IK), 18* W. Talljihas8<>e: 18t58. l.'W pp. 

Journal <)f the I'roceedings of the Constitutional Convention of the State of 
Florida. Which convened at the capltol, at Tallahassee, on Tuesday, June 9, 
1885. Tallahassee, Fla. : 1885. 631 pp. 

FORCE 

American Archives. A Documentary History of the North American Colonies. 
vols. Compiled by Peter Force. Washington : 1837-1853. -■ 

FBANKLIN 

Benjamin Franklin's Works. Edited by Jared Sparks. 10 vols. Boston: 
1830-1850. 

Benjamin Franklin's Work.s. Edited by John Bigelow. 10 vols. New York : 
1887-1888. 

Benjamin Franklin's Works. Edited by Albert H. Smythe. 10 vols. New 
York. 1905-1907. 

OAIXATIK 

Albert Gallatin. Writings. Edited by Henry Adams. 3 vols. Philadelphia : 
1879. 

6E0E0IA 

Digest of the Laws of the State of Georgia. H. Marbury, W. H. Crawford. 
Savannah: 1802. 

Journal of the Convention to Reduce and Equalize the Representation of the 
General Assembly of the State of Georgia. Assembled in Milletlgeville. on the 
6th Day of May, eighteen hundred and thirty-nine. Published by authority. 
Milledgeville: 18:m 74 pp. 

Journal of the State Convention. Held in Milledgeville in December, 18.50. 
Mille<lgeville : 1850. 34 pp. 

Journal of the Public and Secret Proceedings of the Convention of the People 
of Georgia. Held in Milledgeville and Savannah in 1861. Together with the 
ordinances adopted. Published by order of the convention. Milledgeville, Ga. : 
1861. 416 pp. 

Journal of the Proceedings of the Convention of the People of Georgia. Held 
in Milledgeville in October and November, ISe.'j. Together with the ordinances 
and resolutions adopted. I'ublished by order of the convention. Milledgeville. 
Ga. : 186.5. 269 pp. 

Journal of the Proceedings of the Constitutional Convention of the People of 
Georgia. Held in the city of Atlanta in the months of December, 1867, and 
January, February, and March, 1868. And ordinances and resolutions adopted. 
Published by order of the convention. Augvista, Ga. : 1868. 6.36 pp. 

Journal of the Constitutional Convention of the People of Georgia. Held in 
city of Atlanta in the months of July and August, 1877. Atlanta, Ga. : 1877. 
701 pp. 

A Stenographic Report of the Proceedings of the Constitutional Convention. 
Held in Atlanta, Georgia, 1877. Giving debates in full on all questions before 
the convention. Reported by Samuel W. Small for The Atlanta Constitution. 
Atlanta, Ga. : 1877. 502 pp. 

Georgia Historical Society. Collections. 

OESASD 

The Peace of Utrecht. J. W. Gerard. New York : 1885. 

OOODNOW 

Comparative Administrative Law. 2 vols. F. J. Goodnow. New York : 1893. 

OBAHAME 

The Hi.story of the Rise and Progress of the United States of North America. 
Till the British Revolution in 1688. 2 vols. James Grahame. London : 1827. 



List of Authorities xix 

aKEEKE 
Colonial Commonwealths. E. B. Greene. New York : 1904. 

HAMILTON 

Alexander Hamilton. Works. Edited by Henry Cabot rx>dge. 12 vols. 
New York : 1904. 
The Colonization of tlie South. P. J. Hamilton. Philadelphia : 1904. 

HAZABD 

Historical Collections: Consisting of State Papers and Other Documents. 
Ebenezer Hazard. 2 vols. Philadelphia : 1792-1794. 

HILDRETH 

The History of the United States. Richard Hildreth. 6 vols. New York: 
1851-1856. [Contains brief accounts of State constitutions.] 

HOUGH 

American Constitutions : Comprising the Cohstitution of each State in the 
Union, and of the United States, with the Declaration of Independence and 
Articles of Confederation. Each accompanied by a historical introduction and 
notes, together with a classified analysis of the constitutions. By Franklin B. 
Hough. 2 vols. Albany : 1871. 

HOWARD 

Local Constitutional History. G. E. Howard. 

HOPKINS (UNIVERSITY) 

The Johns Hopkins "Studies" in History and Political Science. Johns 
Hopkins University. 

HINSDALE 

The Old Northwest : With a View of the Thirteen Colonies as Constituted by 
the Royal Charters. B. A. Hinsdale. New York : 1891. 

HISTORICAL ASSOCIATION 

Historical Societies. For complete list see Annual Report, American His- 
torical Association, 1905, vol. 2. 

HORACK 

Constitutional Amendments in the Commonwealth of Iowa. Frank E. Horack. 
Iowa City, Iowa : 1899. 8 vo. 33 pp. [Reprinted from The Iowa Historical 
Record.] 

ILLINOIS 

Journal of the Convention Assembled at Springfield, June 7, 1847, in pursu- 
ance of an act of the General Assembly of the State of Illinois, entitled "An 
act to provide for the call of a convention," approved February 20, 1847, for the 
Purpose of Altering, Amending, or Revising the Constitution of the State of 
Illinois. Published by authority of the convention. Springfield : 1847. 592 pp. 

Journal of the Constitutional Convention of the State of Illinois. Convened 
at Springfield, January 7, 18G2. Springfield: 1862. 1,131 pp. Inde.x. 

Debates and Proceedings of the Constitutional Convention of the State of Illi- 
nois. Convened at the city of Springfield, Tuesday, December 13, 1869. 2 vols. 
4to. Springfield: 1870. 1.076,819 pp. Index. 

Journal of tlie Constitutional Convention of the State of Illinois. Convened 
at Springfield, December 13, 1869. Springfield: 1870. 1,022 pp. Index. 

Chicago Historical Society. Collections. 



XX List of Authorities 

IITDIANA 

Journal of the Constitutional Convention of Indiana [at Corydon], June 2, 
181t>. Loulsvilk': 1816. (50 pp. 

Ilt'i>ort of the DebateH and Pnn-eedlngs of the Convention for the Revision of 
tlie Constitution of the State of Indiana. IS-W. Indlanaimlis, Ind: 1850. 2 vols. 
1,008, 1,099 pp. 

IOWA 

Journal of the [Constitutional] Convention of Iowa. May 4-19, 184G. Iowa 
City: 1»4(5. 120 pp. 

Frajnnents of the I>ebate8 of the Iowa Constitutional Conventions of 1844 
and 184<>; alonjr with press ooninients and other materials on the constitutions 
of 1844 and 184<J. Compiled and edited by Benjamin F. Shambaugh, A. M., 
Ph. I>. Iowa City. Iowa : 1000. 415 pp. 

The Debates of the Constitutional Convention of the State of Iowa, Assem- 
bled at Iowa City. Monday, January 10, 1857. 2 vols. Davenport : 1857. 
044, 422 pp. Index. 

Journal of the Cimstitutioual Convention (»f the State of Iowa. In session at 
Iowa City from the nineteenth day of January, A. D. one thousand eight hundred 
and fifty-seven, to the fifth day of March of the same year, inclusive. Musca- 
tine : 1857. 380 pp. Index. 

State Historical Society of Iowa. Publications. 

JAMES 

The Colonization of New England. B. B. James. I'hiladelphia : 1904. 

JAKESON 

A Treatise on Constitutional Conventions; their History. Powers, and Modes 
of PrwwMling. By John Alexander Jameson. 4th ed. Chicago : 1887. 
William Usselinx, J. Franlilin Jameson. 

JAY 

John Jav. Corresi^ndence and Public Pai)ers. Edited by H. P. Johnston. 
4 vols. New York : 1890-1803. 

JEFFEBSON 

Thomas Jeffers«tn. Writings. Edited by II. A. Washington. vols. Wash- 
ington : 1853-.>4. 
Thomas Jeflferson. Edited by P. L. Ford. 12 vols. New York : 1802-1890. 

JEKNESS 

Transcripts of Original Documents in the English Archives Relating to New 
Hampshire. John S. Jeunes.s. New York: 1876. (Privately printed.) 

JONES 

The Colonization of the Middle States and Maryland. F. R. Jones. Phila- 
delphia : 1904. 

KAKSAS 

Report of the Connnlttee on Territories, to whom were referred the Con- 
stitution adopted by the i)eople of Kansas on the 4th day of October. A. D. 
185J). anil the Memorial of the convention praying Congress to Admit Kansas 
as a State into the aforesaid Confederacy. (:Wth Cong.. 1st sess., H. report 
255. 55 i)p.) 

Proiveilings and Del)ates of the Constitutional Convention of Kansas [Ter- 
ritory], Wyandot, July 5, 1859. Wyandot: 1859. (Constitution and Ordi- 
nanc-es.) 4-f 46+4.30+10 pp. 

Kansas State Ilistorical Society. Transactions. 



List of Authorities xxt 

KKLLOGG 

The American Colonial Charter. Louise Phelps Kellogg. Report of the 
American Historical Association, 100.'?. vol. 1. pp. 187-341. 

KENTUCKY 

Report of the Debates and Proceedings of the Convention for the Revision 
of the Constitution of the State of Kentucky, 1840. Frankfort, Ky. : 1840. 

i,i(;s pp. 

.Tournal and Proceedings of the Convention of the State of Kentiicky. 
Frankfort, Ky. : 1849. 531 pp. 

Official Report of the Proceedings and Debates in the Convention Assembled 
at Frankfort on the Eighth day of September, 1800, to Adopt, Amend, or 
Change the Constitution of the State of Kentucky. Frankfort, Ky. : 1890. 4 
vols. G,480 pp. 

LINCOLN 

The Constitutional History of New York from the beginning of the Colonial 
Period to the year 1005 ; showing the origin, development, and judicial con- 
struction of the Constitution. Charles Z. Lincoln. 5 vols. Rochester : 1906. 

LOUISIANA 

Journal de la Convention de la Louisiane. Nouvelle-Orl^ans : 1845. 367 pp. 
(Constitution. 1845.) 

Rapports Officiels des Debats de la Convention de la Louisiane. Iraprimeur de 
la Convention. Nile. -Orleans. 1845. 400 pp. (Constitution. 184.5. 11pp.) 

Proceedings and Debates of the Convention of Louisiana, which Assembled at 
the City of New Orleans, January 14, 1844. New Orleans: 1845. 960 pp. 
Index. 

Journal of the Convention to Form a New Constitution for the State of 
Louisiana. Official. New Orleans: 1852. 100 pp. 

Official Journal of the Proceedings of the Convention of the State of 
Louisiana. By authority. New Orleans: 1861. 330 pp. 

Journal of the Senate of the State of Louisiana. New Orleans: 1864. 
197 pp. 

Journal of the House of Representatives of the State of Louisiana. New 
Orleans : ISCA. 226 pp. 

Debates in the Convention for the Revision and Amendment of the Constitu- 
tion of the State of Louisiana. Assembled at Liberty Hall, New Orleans, April 
6, 1864. New Orleans: 1864. 643 pp. 

Official Journal of the Proceedings of the Convention for the Revision and 
Amendment of the Constitution of the State of Louisiana. By authority. 
New Orleans : 1864. 184 pp. Index. 

Journal Officiel des Travaux de la Convention reunie pour reviser et amender 
la Constitution de I'Etat de la Louisiane. Par autorite. Nouvelle Orleans : 
1864. 187 pp. Index. 

Official Journal of the Proceedings of the Convention for Framing a Constitu- 
tion for the State of Louisiana; By authority. New Orleans: 1867-1868. 
315 pp. 

Official Journal of the Proceedings of the Constitutional Convention of the 
State of Louisiana. Held in New Orleans, Monday, April 21, 1879. By 
authority. New Orleans : 1879. 337 pp. Appendix. 156 pp. 

Official Journal of the Proceedings of the Constitutional Convention of the 
State of Louisiana. Held in New Orleans, Tuesday. February 8, 1898. And 
calendar. By authority. New Orleans : 1898. 385 pp. 77 pp. 

MADISON 

James Madison. Letters and Other Writings. Edited by H. D. Gilpin. 3 
vols. Washington : 1840. 

James Madison. Letters and Writings. 4 vols. Philadelphia : 1865. 

Journal of the Federal Convention Kept by James Madison. Edited by 
E. H. Scott. Chicago : 1893. 805 pp. 



XXII List of Authorities 

McLAirOHLIK 

The Federal (Constitution. A. C. Mclaughlin. New York : 19ft5. 35C pp. 

McMASTER 

A History of the People of the ITnlted States. John Bach McMaster. 6 
vols. New York: 1883-. [Contains st>nje account of new State constitutions.] 

MAOAZIKES 

Magazine of American History. New York : 1877-1804. 
Magazine of Western History. 14 vols. The National Magazine. 
The American Historical Review. 

XAIVE 

Journal of the Constitutioual Convention of the District of Maine; with the 
articles of separation and Governor Brook's proclamation prefixed, 1819-1820. 
August : 1856. 112 pp. 

The Debates and .journal of the Constitutional Convention of the Stjite of 
Maine, 1819-1820 ; and amendments subsequently made to the constitution. 
Augusta : 1894. 412, 13.'). 120 pp. 

Journal of the Constitutional Convention of tlie District of Maine: with the 
articles of separation and Governor Brook's proclamation prefixed, 1819-1820. 
Augusta : 1894. 135 pp. 

The Debates, Kesolutions, and other Proceedings of the Convention of Dele- 
gates Assembletl at Portland on the 11th. and Continued until the 29th day of 
October, 1819, for the Puri)ose of Forming a Constitution for the State of 
Maine: to which is prefixed the constitution. Taken in Convention. Port- 
land : 1S20. 300 pp. 

Tlie Documentary History of Maine. 

Maine Historical Society. Collections. 

MAKTEK8 AND CTTSSY 

Traitfe et Conventions Dipiomatiques, Cliarles de Martens et Ferdinand de 
Cussy. 7 vols. liClpzig : 184G-1857. 

MARYLAND 

Laws of Maryland at Large [ 1037-1 7«J31. Thomas Bacon. Annapolis: 17G5. 

Archives of Maryland. William Hand Browne, e<litor. 13 vols. Baltimore: 
1883-1894. 

Maryland as a Proprietary Province. Newton D. Mereness. New York : 1903. 

Proceedings of the Conventions of the I'rovince of Maryland, Held at Annaiv 
olis in 1774, 1775, 1776. Baltimore: 1836. 378 pp. 

Proceedings of the Maryland State Convention, to Frame a New Constitution, 
Commenced at Annapolis, November 4, 1850. Annapolis: 1850. 895 pp. Vote; 
List of Delegates. 6 pp. Constitution. .36 pp. 

Debates and Proceedings of the Maryland Reform Convention to Revise the 
State Constitution ; to which are I'reflxed tlie Bill of Rights and Constitution 
as Adopted. Published by order of the convention. 2 vols. Annapolis: 1851. 
890 pp. 

The Constitution of the State of Maryland. Reported and adopted by the 
convention of delegates assembled at the city of Annapolis, November 4. 1850, 
and submitted to and ratified by the people on the first Wednesday In June, 
1851 ; with marginal notes and references to acts of the general assembly and 
decisions of the court of appeals, and an appendix and index. By Edward Otis 
Hinkley. esq., of the Baltimore Bar. Baltimore: 18.55. 108 pp. 

The Debates of the Constitutional Convention of the State of Marjiaud. 
Assembled at the city of Annapolis, Wednesdav, April 27, 1804. 3 vols. 
Annapolis: MDCCCLXIV. 

The Constitution of the State of Marj-land. Reported and adopted by the con- 
vention of delegates assembled at the city of Annapolis, April 27, 18f>4, and sub- 
mitted to and ratified by the people on the 12th and 13th days of Octot>er, 1864 ; 
with marginal notes and references to acts of the general assembly and deci- 
sions of the court of appeals, and an appendix and index. By Edward Otis 
Hinkley, esq., of the Baltimore Bar. Annapolis: 1865. 102 pp. 

Maryland Historical ScM'iety. Fund I'Hhlmitumx. 



hist of Authorities xxiii 

MASSACHUSETTS 

A Collection of Original Papers Relative to the Histoi*y of the Colony of 
Massachusetts Bay. Thomas Hutchinson. Boston : 17(59. 

The Charters and General Laws of the Colony and Province of Massachusetts 
Bay. Nathan Dane, William Prescott, Joseph Story. Boston: 1814. 

Debates, Resolutions, and other proceedings of the Convention of the Common- 
wealth of Massachusetts. Convened at Boston, on the 9th of January, 1788, 
and continued until the 7th of February following, for the purpose of assenting 
to and ratifying the constitution recommended by the grand Federal conven- 
tion ; together with the yeas and nays on the division of the grand question, to 
which the Federal Constitution is prefixed. Boston : MDCCLXXVIII. 219 pp. 

Journal of Debates and Proceedings in the Convention of Delegates Chosen 
to Revise the Constitution of Massachusetts. Begun and Holden at Boston, 
November 15, 1820, and Continued by Adjournment to January 9, 1821. 
Reported for the Boston Daily Advertiser. Boston : 1821. 292 pp. 

The Same. New edition, revised and corrected. Boston : 1853. 677 pp. 

Journal of the Convention for Framing a Constitution of Government for the 
State of Massachusetts Bay. From the conmiencement of their first session, 
September 1, 1779, to the close of their last session, June 16, 1780; including a 
list of the members, with an appendix containing (1) The resolve for ascertain- 
ing the sense of the people on the subject of a new constitution; (2) The form 
of government originally reported by the general committee of the convention ; 
(3) The address to the people ;r (4) the constitution as finally agreed upon by 
the convention and ratified by the people, with the amendments since adopted ; 
(5) The rejected constitution of 1778. Published bv order of the legislature. 
Boston: 1832. 264 pp. 

The Journals of the Provincial Congress of Massachusetts in 1774 and 1775 
and of the Committee of Safety. With an appendix containing the Proceedings 
of the county conventions ; Narratives of the events of the nineteenth of April, 
1775 ; Papers relating to Ticonderoga and Crown Point, and other documents, 
illustrative of the early history of the American Revolution. Published agree- 
ably to a resolve passed March 10, 1837, under the supervision of William Lin- 
coln. Boston : 1838. 778 pp. 

Journal of the Constitutional Convention of the Commonwealth of Massachu- 
setts. Begun and held in Boston on the fourth day of May, 1853. Printed by 
order of the Convention. Boston : 1853. 560 pp. 

Discussion on the Constitution proposed to the People of Massachusetts by 
the Convention of 1853. Boston : 1854. 306 pp. 

Official Report of the Debates and Proceedings in the State Convention Assem- 
bled May 4, 1853, to Revise and Amend the Constitution of the Commonwealth 
of Massachusetts. Boston : 1853. 3 vols. 

Official Report of the Debates and Proceedings in the State Convention Assem- 
bled May 4, 1853, to Revise and Amend the Constitution of the Commonwealth 
of Massachusetts. Boston : 1853. 2 vols. 4°. 644, 724 pp. 

Records of the Governor and Company of the Massachusetts Bay in New 
England. Nathaniel B. Shurtleff, Editor. 5 vols. Boston: 1853-1854. 

Debates and Proceedings in the Convention of the Commonwealth of Massa- 
chusetts. Held in the year 1788, and which finally ratified the Constitution of 
the United States. Printed by authority of resolves of the legislatui-e, 1856. 
Boston : 1856. 442 pp. 

History of Plymouth Plantation. William Bradford. Boston : 1856. [Charles 
Deane's edition.] 
Massachusets Historical Society. Collections. 

MICHIGAN 

Journal of the Proceedings of the Convention to Form a Constitution for the 
State of Michigan. Begun and held in the city of Detroit on Monday, the 11th 
day of May, A. D. 1835. Printed by order of the convention. Detroit : 18v?5. 
224 pp. Index. 

Journal of the Convention (of Michigan), September 26-31, 1836, to Consider 
the Admission of Michigan into the Union. Pontiac : 1836. 36 pp. 

Journal of the Convention (of Michigan), December 14, 15, 1836, to Give 
Assent Required by Act of Congress, Previous to Admission. Ann Arbor: 1836. 
20 pp. 

Report of the Proceedings and Debates in the Convention to Revise the Con- 
stitution of the State of Michigan, 1850. Lansing : 1850, 937 pp. 



XXIV List of Authorities 

Journal of the Constitutional Convention of the State of Michigan, I80O. 
LansiuK: 1850. 581 pp. Api)endix. t 

Journal of Convention (of Michigan), June 3-AugU8t 15, 1850. Lansing: 
1850. 581 pp. (With (locuuients. ) 

The Debates and Proceeilings of the Constitutional Convention of the State of 
Michigan. Convened at the city of Lansing, Wetlnesday, May !."», 18G7. Lan- 
sing : 18C7. 2 vols. 4^ G(>4, 1070 pp. 

Journal of the Constitutional Convention of the State of Michigan, 18G7. By 
authority. Lansing : 18<»7. 943 pp. 

Journal of the Constitutional Commission of Michigan. By authority. Lan- 
sing: 1878. 243 pp. ApiHMidix. 

Journal of the House of Representatives of the State of Michigan. Extra 
session, 1874. Lansing: 1874. .320 pp. 

Journal of the Senate of the State of Michigan. Extra session, 1874. Lan- 
sing: 1874. 271 pp. 

Pioneer So<*iety of tlie State of Michigan. Reports jiikI "Pioneer collectionJi" 

MINNESOTA 

Journal of the Constitutional Convention of the Territory of Minnesota. 
Begun and held in the city of Saint I'aul, capital of said Territory, on Monday, 
the thirteenth day of July, one thousand eight hundred and fifty-seven. St. 
I'aul : 1857. 209 pp. 

Debates and Proceedings of the Constitutional Convention for the Territory of 
Minnesota, to Form a State Constitution I'reparatory to Its Admission into the 
Union as a State. T. F. Andrews, otlicial rei)orter to the convention. St. Paul : 
George W. Moore, I'rinter, Minnesotian Office, 18ij8. 590 pp. Api)endix. 

The Debates and Proceedings of the Minnesota Constitutional Convention ; 
including the Organic Act of the Territory ; with the enabling act of Congress, 
the act of the Territorial legislature relative to the convention, and the vote 
of the people on the constitution. Reported. officially by Francis H. Smith. St. 
Paul : Earl S. Goodrich, Territorial printer. Pioneer and Democrat Office, 1857. 
085 pp. 

Minnesota Historical Society. Colleetioux. 

MISSISSIPPI 

Journal of the (Constitutional) Convention of the Western Part of Missis- 
sippi Territory. Held in Washington July 7-August 1.% 1817. Port Gibson 
(reprint) : 1831. 108 pp. 

Journal of the Constitutional Convention of Missi.ssippi, September 10 to 
October 26, 18.32. Jackson : 18:^2. mi pp. 

Journal of the Convention of the State of Mississippi, and the Act Calling 
the Same; with the Constitution of the United States, and Washington's Fair- 
well Address. Published by order of the convention. Jackson: 1851. 79 pp. 

Journal of the State Convention and Ordinances and Resolutions Adopted in 
January. 1801 ; with an appendix. Published by order of the convention. 
Jackson, Mis.s. : 1801. 250 pp. 

Journal of the State Convention [Mississippi] and Ordinances and Resolu- 
tions Adopted in March, 18(51. Published by order of the convention. Jackson: 
1801. 104 pp. 

Journal of the Proceedings and Debates in the Con.stitutional Convention of 
the State of Mississippi. August, 1805. By order of the convention. Jackson, 
Miss. : 1805. 29<) pp. Api)endix. 

Journal of the Prtn-eedings of the Constitutional Convention of Mississippi. 
Begun at the city of Jackson on August 12. 1890. and concluded November 1, 
1890. Printed by authority. Jackson: 1890. 757 pp. 

MISSOUIII 

Journal of the Constitutional Convention of Missouri (Territory), St. rx)uis, 
June 12-July 19. 1820. St. Louis : 1820. 48 pp. 

Journal of Couveutiim of State of Missouri ; as.sembled at the city of Jefferson, 
on Monday the seventeenth day of November, in the year of our Lord one thou- 
sand eight hundred and forty-five, pursuant to an act of the general as.serably 
of the State of Missouri, entitled "An act to provide for the call of a conven- 
tion," approved February 27, 1843. Printed by order of the convention. City 



List of Authorities xxv 

of Jefferson : 1845. 3GG pp. Appendix. 64 i)p. Index. Appendix. 24, 32 pp. 
Prepared by the constitution of 1845. 20 pp. 

Journal and Proceedings of the Missouri State Convention. Held at Jefferson 
City and St. Louis, March, 18G1. St. Louis : 18G1, 269 pp. 

Journal of the Missouri State Convention. Held at the city of St. TjOuIs, 
October, 1861. St. Louis: 1861. Ill pp. 

Journal of the Missouri State Convention. Held at Jefferson City, July, 1861. 
St. Louis: 1861. 136 pp. 

Journal [and Proceedings] of the Missouri State Convention. Held in Jeffer- 
son City, June, 1862. S. Louis : 1862. 253 pp. 

Journal of the Missouri State Convention. Held in Jefferson City, June, 1863. 
St. Louis : 1863. 380 pp. 

Journal of the Missouri State Convention. Held at the city of St. Ix)uis, 
January 6-April 10, 1865. St Louis : 1865. 287 pp. 

HOBAK 

The Formation and Development of the Constitution, T. F. Moran, Phila- 
delphia : 1904, 

MORET 

The First State Constitutions. By William C. Morey. Philadelphia: Ameri- 
can Academy of Political and Social Science. Publication No. 98. 

MOTTET 

H. M. Dexter's notes (edition) to Mourt's Relation. (Plymouth Colony.) 

KEW HAMPSHIRE 

Records of New Hampshire. 17 vols. 

Portsmouth Records [Frank Warren Hackett]. 1645-16.56. Portsmouth: 
1886. 

State Papers, New Hampshire [Hon. A. S. Batchellor, Editor]. Vol. XXIX. 
[Charters.] Concord: 1896. 

Laws of New Hampshire. Vol. I. Province Period, 1679-1702. Manchester, 
N. II. : 1904. 

The History of the Convention for Ratifying the Federal Constitution (in 
New Hampshire), June 18-21, 1788. J. B. Walker. Boston: 1888. 128 pp. 

Proceedings of the Bar Association of the State of New Hampshire, Concord, 
N. H., 1906. The Constitutional History of New Hampshire, 1775-1792. W. F. 
Dodd. pp. 379-400. 

Proceedings and Debates of the Convention (of New Hampshire), November 

6, 1850-January 3, 1851, as reported for the Daily Patriot. Concord : November 

7, 1850-January 4, 1851. 

Journal of the Convention Which Assembled in Concord to Revise the Con- 
stitution of New Hampshire. 1793-1792. Edited by Nathaniel Bouton, D. D. 
Concord : 1876. 198 pp. 

New Hampshire Historical Society. Collections. 

Journal of the Constitutional Convention of the State of New Hampshire, 
December, 1876. Concord : 1877. 280 pp. 

Journal of the Constitutional Convention of the State of New Hampshire, 
January, 1889. Manchester : 1889. 308 pp. 

State of New Hampshire, Convention to Revise the Constitution, December, 
1902. Concord, N. H. : 1903. 949 pp. 

NEW JERSEY 

The Grants. Concessions, and Original Constitutions of the Province of New 
Jersey (1664—1682). Leaming and Spicer. Philadelphia: 17.58. 

The Model of the Government of the Province of East New Jersey. George 
Scot, Edinburgh: 1685. 

Archives of the State of New Jersey ; Documents relating to the colonial 
history (1631-1775). 18 vols. Trenton : 1880-1895. 

Extracts from the Journal of Proceedings of the Provincial Congress of New 
Jersey. Held at Trenton in the months of May, June, and August, 1775. Pub- 
lished by order. Burlington, MDCCLXXV, Woodbury. N. J. : 1835. 241 pp. 



XXVI List of Authorities 

Journal of the Votes and Prooee<linRs i»f the Convention of New .Terst\v. 
Begun at Burlington the tfutli of June, 177«i, aiul thence eontinm'd by adjouni- 
uient at Trenton and New Brunswick, to the twenty-first of August following; 
to which is annexed sundry ordinances and the constitution. Published by 
order. Burlington. MDCCLXXVI. Trenton : 18.S1. 100 pp. 

Eumenes; being a collection of pajiers written for the puri>08e of exhibiting 
some of the more prondnent Errors and Omissions of the constitution of New 
Jersey, as estid>lished on the second day of July, one thousand seven hundreil 
and seveutj'-six. and to prove the necessity of calling a convention for revision 
and amendment. Trenton : 17j)9. 149 pp. Postscript. Table of contents. 

Journal of the Prix-eedings of the Convention to form a Constitution for the 
Government of the State of New Jersey. Begun at Trenton on the fourteenth 
day of May. A. I). 1844, and continued to the tweuty-uiuth day of June, A. D. 
1844. Trenton : 1844. 21):i pp. 

New Jersey Historical Society. Proceedings. 

NEW PLYKOTJTH 

Records of the Colony of New Plymouth in New England, 1620-1G92. 12 vols. 
Boston: 1855-1861. 

The Compact with the Charter and Laws of New Plymouth. William Brig- 
ham. Boston : ISW. 

NEVADA 

Official Report of the Debates and Proceedings in the Constitutional Conven- 
tion of the State of Nevada. A.ssembleil at Cai-son City. July 4, 1804, to form a 
constitution and State government. San Francis(X) : 1806. 943 pp. 

NEWSPAPEBS (FILES OF) 

Newspaper Files (Proceedings and Debates of Constitutional Conventions) — 

(Alabama.) The Age Herald. 1901. Montgomery' Advertiser, 1901. 

(Delaware.) Every Evening, Wilmington. 18tM>-97. Morning News, Wil- 
mington, 1896-97. 

(Idaho.) Daily Statesman. 1889. 

(Kentucky.) I^ouisville Courier-Journal, 189(^-91. 

(Jyouisiana.) Daily I'icayune. 1898. 

(Montana.) Helena Journal, 1889. Helena Independent, 1889. Helena 
Dally Herald. 1889. 

(New Hampshire.) The Manchester Union, 1902. Concord Evening Monitor, 
1902. 

(North Dakota.) Sioux Falls Daily Press, 1889. Bismarck Daily Tribune, 
1889. Sioux City Journal, 1889. 

(South Carolina.) News and Courier, Charleston, 1895-96. 

(South Dakota.) See North Dakota. 

(Utah.) Salt Lake City Tribune. 1895. 

(Virginia.) Richmond Times, 1901-2. 

(Washington.) Morning Oregonian, Portland, Oreg., 1889. 

NEW NETHERLAND 

Laws and Ordinances of New Netlierlaiul ( It;;i8-1674K E. P.. O'Callaghan, 
Albany: 1868. 

NEW YORK 

The Documentary History of the State of New York. E. B. O'Callaghan, 
15 vols. Albany : 185(>-1887. 

Journals of the Provincial Congress, Provincial Convention, etc., of the State 
of New York (1775-1777). 2 vols. Albany: 1842. 

Journal of the Convention of the State of New York. Begun and held at 
the city of Albany on the 13th day of October, 1801. Albany: MDCCCI. 
42 pp. 

Journal of the Convention of the State of New York. Begun and held at 
the capitol. in the city of Albany, on the twenty-eighth day of August, 1821. 
Albany: 1821. (Confine and Iveake, printers to the convention.) 564 pp. 
Index. 

Report of the Debates and Proceedings of the Convention of the State of 
New York. Held at the capitol. in the city of Albany, on the 28th day of August. 



List of Authorities 



XX VII 



1821. By L. H. Clarke. New York : Printed by .T. Seymour. 49 .Tohn street, 
Nov., 1821. 367 pp. 

Reixtrts of the rroceedings and Del)ates of the Convention of 1821, assembled 
for the purpose of amending the Constitution of the State of New York. 
Albany: 1821. (By Nathaniel H. Carter and William L. Stone, reporters, and 
Marcus T. C. Gould, stenographer.) 703 pp. 

Manual for the Use of the Convention to Revise the Constitution of the State 
of New York. Convened at Albany, June 1, 1846. Prepared pursuant to order 
of the convention, by the secretaries, under supervision of a select committee. 
New York : 1846. 371 pp. 

Journal of the Convention of the State of New York. Begun and held at the 
capitol, in the city of Albany, on the first day of June, 1846. Albany: 1846. 
1,648 pp. 

Report of the Debates and Proceedings of the Convention for the Revision 
of the Constitution of the State of New York, 1846. Reported by William G. 
Bishop and William H. Attree. Albany: 1846. (Printed at the ofiice of the 
Evening Star.) 1,143 pp. 

Debates and Proceedings in the New York State Convention for the Revision 
of the Constitution. By S. Croswell and R Sutton, reporters for the Argus. 
Printed at the office of the Albany Argus, 1846. 948 pp. 

Constitution of the State of New York. Adopted in 1846. With a compara- 
tive arrangement of the constitutional provisions of other States, classified by 
their subjects. Prepai-ed under the direction of a committee of the New York 
Constitutional Convention of 1867. . By Franklin B. Hough. Albany, N. Y. : 
1867. 4°. 239 pp. 

Documents of the Convention of the State of New York, 1867-68. 5 vols. 
Albany: 1868. 

Journal of the Convention of the State of New York. Begun and held at the 
capitol, in the citv of Albany, on the 4th day of June, 1867. Albany : 1867. 
1,547 pp. 

Revision Documents of the Constitutional Convention of the State of New 
York, 1867-1868. Albany N. Y. : 1868. 4°. 

Long Island Historical Society. Publications. 

New York Historical Society. Collections. . 

Albany Institute. Transactions. 

The Convention Manual for the Sixth New York State Constitutional Conven- 
tion, 1894. American constitutions, comprising the Declaration of Independence, 
the Articles of Confederation, the Constitution of the United States, and the 
State constitutions. Prepared in pursuance of chapter 8 of laws of 1893, and 
chapter 228 of laws of 1894, under the direction of John Palmer, secretary of 
state ; James A. Roberts, comptroller ; Theo. E. Hancock, attorney-general, by 
George A. Glynn, Syracuse, compiler. 2 vols. Albany : 1894. 

Development of Constitutional Law in New York, and the Constitutional Con- 
vention of 1894. H. W. Hill. Buffalo : 1896. 

KOBTH CAKOLIKA 

The Colonial Records of North Carolina. (1662-1776.) 10 vols. Raleigh: 
1886-1890. 

Laws of North Carolina. F. X. Martin. 1715-1790. New Bern : 1804. 

North Carolina : A Study in English Colonial Government. C. L. Raper, New 
York: 1906. 

Proceeding and Debates of the Convention' held July 21-August 4, 1788, to 
Ratify the Constitution of the United States. (North Carolina.) Edenton: 
1789. 280 pp. 

Proceedings and Debates of the Convention of North Carolina called to Amend 
the Constitution of the State. Raleigh, June 4, 1835. Raleigh : 1836. 424 pp. 
Index. 

History of North Carolina. 2 vols. Francis Lester Hawks. Fayetteville : 
1857-58. 

Journal of the Convention of North Carolina, May 20, 1861. Raleigh : 1862. 
193 pp. 

Journal of Second Session, November and December, 1861. Raleigh : 1862. 
86 pp. 

Journal of Third Session, January and February, 1862. Raleigh: 1862. 
119 pp. 

Journal of Fourth Session, April and May, 1862. Raleigh: 1862. 109 pp. 
Index. 



XXVIII List of Authorities 

Journal of the Convention of North Carolina. Session of 1865. Raleigh: 
18«5r>. 04 pp. Index. 

Journal of the Convention of North Carolina, Adjournetl Session, ISfifl. 
Raleigh: 18r)(5. 102 pp. Index. 

Convention Documents. Session of 1805. Raleigh: 18(55. With constitution 
and ordinances. 

Journal of the C'onstltutlonal Convention of North Carolina, 18«>8. Raleigh : 
1808. 488 pp. Index. 

Constitution. Ordinances. Resolutions of Same. Raleigh : 18(58. 129 pp. 
Index. 

Journal of the [Constitutional! Convention fof North Carollnal, January 14- 
March 17. 18(58. Raleigh : 18(VS. 488 pp. 

Journal of the [(Constitutional] Convention, Septeml)er (5-Octol)er 11, 1875. 
Raleigh : 1875. 278+20 pp. 

NOHTH DAKOTA 

Journal of the [Constitutional] Convention |of North Dakota]. July 4-August 
17, 1889. with enal)ling act of Congress and procetnlings of the joint high com- 
mission for dividing Territorial proi>erty. Hismarck : 1889. 400+16+32+7 pp. 

OHIO 

Journal of the Convention of the Territory of the United States Northwest of 
the Ohio. Begiui and held at Chilllcothe, on Monday the first day of November, 
1802. and of the Independence of the Unitetl States the twenty-seventh. Puh- 
li-shed by authority. Columbus: (Ohio) 1827. 42 pp. 

Reprint of same in Annual Reiiort of the Secretarj' of State to the Governor 
of the State of Ohio, 1876. Columbus : 1877. pp. 35-74. 

Report of the Debates and Proceedings of the Convention for the Revision of 
the Constitution of the State of Ohio, 1850-51. J. V. Smith, official reporter to 
the convention. Columbus : 1851. 2 vols. 751, 897 pp. 

Official Report of the Proceedings and Debates of the Third Constitutional 
Convention of Ohio, Assembled in the City of Columbus, on Tuesday, May 13, 
1873. Cleveland: 1873. (Four volumes; 2d vol. in 3 parts.) 

Ohio Historical and Archaeological Society. Quarterly. 

OREGON 

Published by Authority. Journal of the Constitutional Convention of the 
State of Oregon. Held at Salem, commencing August 17, 1857; together with 
the Constitution adopted by the i>eople. November 9, 1857. Salem. Oregon : 
1882. 130 pp. 

OSGOOD 

The American Colonies in the Seventeenth Century. 2 vols. Herbert L. 
Osgood. New York : 1900. 

PENNSYLVANIA 

The Charters and Acts of Assembly of the Province of Pennsylvania [1744- 
1759]. 2 vols. Philadelphia: 1702. 

Pennsylvania Colonial Records [1683-1790]. 16 vols. Philadelphia: 1852-53. 

Pennsylvania Archives [1(3(>4-1790]. Samuel Hazard. 12 vols. Philadel- 
phia: 1852-1856. Second Series. 19 vols. Edited by J. B. Linn and W. H. 
Egle. Harrisburg: 1874-1890. 

Charter to William Penn. and Laws of the Province of Pennsylvania. Passed 
between the years 1682 and 1700. Preceded by Duke of York's laws in force 
from the year 1682; with an appendix containing laws relating to the organiza- 
tion of the provincial courts and historical matter. Published under the direc- 
tion of John Blair Linn, secretary of the Commonwealth. Complied and edite<l 
by Staughton George, Benjamin M. Nead, Thomas McCamant. Harrisburg: 
1879. 614 pp. 

The Proceedings Relative to Calling the Conventions of 1770 and 1790. The 
minutes of the convention that forme<l the present constitution of Pennsylvania, 
together with the charter to William Penn, the constitutions of 1770 and 1790, 



List of Authorities xxix 

and a view of the proceedings of the convention of 1776, and the council of 
censors. Harrisburg: 1825. 384 pp. Index. 

Minutes of the Convention of the Commonwealth of Pennsylvania, which 
commenced at Philadelphia, on Tuesday, the twenty-fourth day of November, in 
the year of our Lord one thousand seven hundred and eighty-nine, for the 
]>urpose of reviewing, and if they see occasion, altering and amending the 
constitution of the State. Philadelphia ; MDCCLXXXIX. 14G pp. 4°. 

Minutes of the Grand Committee of the Whole Convention of the Common- 
wealth of Pennsylvania which conmienced at Philadelphia on Tuesday, the 
twenty-fourth day of November, in the year of our Lord one thousand seven 
hundred and eighty-nine, for the purpose of reviewing and, if they see occasion, 
altering and amending the constitution of this State. Philadelphia : Printed 
by Zachariah Paulson, jun., in Fourth street, between Market street and Arch 
street, (n. d.) 4°, 101 pp. 

Minutes of the Second Session of the Convention of the Commonwealth of 
Pennsylvania, which commenced at Philadelphia on Monday, the ninth day of 
August, in the year of our Lord one thousand seven hundred and ninety, 
(n. d.) 4°. 147-222 pp. 

Pennsylvania and the Federal Constitution, 1787-1788. Edited by John 
Bach McMaster and Frederick D. Stone. The Historical Society of Pennsyl- 
vania : 1888. 803 pp. 

Proceedings and Debates of the Convention of the Commonwealth of Penn- 
sylvania to Propose Amendments to the Constitution. Commenced and held at 
Harrisburg on the second day of May, 1837. Reported by John Agg, stenog- 
rapher to the convention, assisted by Messrs. Kingman, Drake, and M'Kinley. 
Harrisburg: 1837. 14 vols. 

Journal of the Convention of the State of Pennsylvania to Propose Amend- 
ments to the Constitution. Commenced and held at the State capitol, in Harris- 
burg, on the second day of May, 1837. Harrisburg : 1837. 852 pp. 

Pennsylvania Constitutional Convention, 1872-1873 : Its Members and Officers 
and the Result of their Labors. By A. D. Harlan. Philadelphia : 1873. 175 pp. 

Debates of the Convention to Amend the Constitution of Pennsylvania. Con- 
vened at Harrisburg, November 12, 1872 ; adjourned November 27, to meet at 
Philadelphia, January 7, 1873. Hai*risburg: 1873. 9 vols. Index. 

Journal of the Convention to Amend the Constitution of Pennsylvania. Con- 
vened at Harrisburg, November 12, 1872 ; adjourned November 27, to meet at 
Philadelphia, January 7, 1873. In two parts. Harrisburg: 1873. 1,424 pp. 
Index. 

The Power of the Constitutional Convention, containing the pleadings, briefs, 
arguments of counsel, and opinion of the judges of the supreme court of Penn- 
sylvania in the cases of Wells and Others vs. The Election Commissioners. 
The arguments are published from the stenographic report of R. A. West. 
Philadelphia : 1873. 20G pp. 

An Examination of the Constitution of Pennsylvania, exhibiting the deriva- 
tion and history of its several provisions, with observations and occasional 
notes thereon, references to judicial and other opinions upon their construc- 
tion and application, to statutes for their enforcement, and to parallel provi- 
sions in the constitutions of other American States. By Charles R. Buckalew. 
Philadelphia : 1883. 349 pp. 

Report of the Connnission to Revise the Constitution of Pennsylvania. Made 
to the legislature January 29, 1875. Harrisburg: 1875. 23 pp. 

Pennsylvania Historical Society. Collections and Publications. 

PEHKY 

Historical Collections relating to the American Colonial Church. William 
Stevens Pecry. 5 vols. Hartford : 1870-1878. 

PRESTON 

Documents Illustrative of American History. H. W. Preston. New York : 
1886. 

PKINCE SOCIETY 

Prince Society. Publications. 



xxX List of Authorities 

KHODE ISLAND 

Ftworils of the Colony of Rbotlo Island ami rrovUloiu-e IMantatloii in New 
EuKlaiul. 10 vols. Providence: 1850-18r>5. (To Im' used with caution.) 

Interference of the Exe<'Utlve in the ACfalh* of Rhode Island. (28th Cong., 
1st sess. II. Kept. No. 54G. 1,075 pp.) 

Journal of the Convention Assembled to Frame a Constitution for the State 
of Rhode Island, at Newport, Sept. 12, 1842. Printed by order of the house of 
r^resentatives. at its January session, 1859. Providence: 1859. r»9 pp. 

Rhode Island Historical Society. Collect ionit. Proceedings, and Publications. 

SAINSBUSY 

Calendar of (British) State Papers. Colonial Series (1574-167(5). 9 vols. 
W. N. Sainsbury. Ixindon : 1860-1893. 

Scribner's Statistical Atlas of the United tSates. New York : 1885. 

SEWARD 

William H. Seward. Works. Edited by G. E. Baker. 5 vols. New York: 
185:^-54. 

STEVENS 

Sources of the Constitution of the United States. Considered in relation to 
colonial and English history. C. E. Stevens. New York : 1894. 

SOITTH CABOLINA 

Historical Collections of South Carolina (1492-1776). 2 vols. B. R. Carroll. 
New York : 1836. 

The History of South Carolina. Edward McCrady. New York : 1906. 

Dociunents Connected with the History of South Carolina. C. J. Weston. 
London : 18i56. 

South Carolina as a Royal Province. W. R. Smith. New York : 1906. 

.Tournal of the Provincial Congress of South Carolina, 1776. (With the con- 
stitution.) Charles-Town (reprint). London: 1776. 134 pp. 

Journal of the Convention of the People of South Carolina, held in 1860, 1861, 
and 1862, together with the ordinances, reports, resolutions, etc. Published by 
order of the convention. Columbia, S. C. : 1862. 873 pp. 

Journal of the Convention of the People of South Carolina, held in Columbia, 
S. C. Septenil)er, 1865, together with the ordinances, reports, resolutions, etc. 
Published by order of the convention. Columbia, S. C. : 1865. 216 pp. 

Proceetlings of the Constitutional Convention of South Carolina, hold at 
Charleston, S. C, beginning January 14 and ending March 17, 1868. including 
the debates and proceedings. Reported by J. Woodruff, phonographic reporter. 
Published by order of the convention. Charleston, S. C. : 1868. 926 pp. Con- 
stitution. 46 pp. 

Journal of the Constitutional Convention of the State of South Carolina. 
BegiHi to be holden at Columbia, S. C, on Tuesday, the tenth day of September, 
Ainio Domini eighteen hundred and ninety-five, and continuetl, with divers 
adjournments, until Wednesday, the fourth day of Dec-ember, Anno Domini 
eighteen hundreil and ninety-five, when finally adjourned. Columbia, S. C. : 
1895. 741 pp. Index. 

South Carolina Historical Society. Collections. 

STATXTTES AT LAKOE 

The statutes at Large of the United States of America. 17 vols. [1789- 
1873.] Boston: 1850-1873. Vols. 18-34. [1873-1907.] Washington, Govern- 
ment Printing Office : 1873-1907. 

STORT 

Commentaries on the Constitution. 4 vols. Joseph Story. 4th ed. (T. M. 
Cooley. editor.) 

TENNESSEE 

Proceetlings of the I^egislative Council of the Territory of the United States 
of America South of the River Ohio. Begini and held at Knoxville the 25th 
day of August, 1794. Knoxville : 1794 ; Nashville : 1852. 35 pp. 



List of Authorities xxxi 

Journal of the Proceedings of the House of Representatives of the Territory 
of the United States South of the River Ohio. Begun and held at Knoxville 
the 25th day of August, 1794. Knoxville : 1794 ; Nashville : 1852. 43 pp. 

Journal of the Proceedings of the Legislative Council of the Territory of the 
United States of America South of the River Ohio. Begun and held at Knox- 
ville the 29th day of June, 1795. Knoxville: 1795; Nashville: 1852. 14 pp. 

Journal and Pi'oceedings of the House of Representatives of the Territorj' 
of the United States of America South of the River Ohio. Begun and held at 
Knoxville the 29th day of June, 1795. Knoxville : 1795 ; Nashville : 1852. 19 pp. 

Journal of the Proceedings of a Convention begun and held at Knoxville 
January 11, 1796. Knoxville : 1796 ; Nashville : 1852. 32 pp. 

Journal of the Proceedings of the Convention of Delegates, Elected by the 
People of Tennessee to Amend, Revise, or Form and Make a New Constitution 
for the State. Assembled in the city of Nashville, January 10, 1870. Nashville : 
1870. 467 pp. 

TEXAS 

Convention at San Felipe, 1832. (Pres. S. F. Austin.) Proceedings of the 
general convention of delegates representing the citizens and inhabitants of 
Texas. Held at the town of San Felipe, in Austin's Colony, October 1-6, 1832. 
35 pp. 8°. Brazoria : 1832. 

The First Political Convention held in Texas. Memorial of, to the General 
Congress, that Texas be separated from Coahuila and be admitted as a State 
into the Mexican Confederacy. 

Convention of the People of Texas at San Felipe de Austin, April 1, 1833. 
(Pres. Wm. II. Wharton.) No published account. Sam Houston made his 
d^but as a delegate from Nacogdoches. Burnet's memorial to U. S. Cong, to 
admit Texas into the Union. Reported by Houston, who was chosen to 
present it. Mission a failure. 

Convention at Washington, 1836. (Pres. Rich'd Ellis.) Journal of the con- 
vention held at Washington, on the Bfazos, March 1-17, 1836. Pamphlet. 8°. 
109 pp. Houston : 1836. 

The Constitution of the Republic of Mexico and of the State of Coahuila and 
Texas. Containing also an abridgment of the laws of the general and State 
governments relating to colonization, with sundry other laws and documents not 
before published, particularly relating to Coahuila and Texas. The documents 
relating to the Galveston Bay and Texas Land Company ; the grants to Messrs. ' 
Wilson and Exeter and to Col. John Dominguez, with a description of the soil, 
climate, productions, local and commercial advantages of that interesting coun- 
try. New York : Ludwig & Tolefree, printers. 18.32. 113 pp. 

Journals of the Convention Assembled at the City of Austin, July 4, 1845, 
for the Purpose of Forming a Constitution for the State of Texas. 8°. 378 pp. 

Debates in Same. 8°. 759 pp. Constitution and ordinances. 32, 1,169 pp. 
Austin : 1845. 

Record of the Journal of the Convention of the People of Texas which 
Assembled at the City of Austin on the 28th day of January, A. D. 1861, and 
which abrogated the Articles of Convention between the State and the Govern- 
ment of the United States of America, and annexed the State of Texas to the 
Confederate States of America. Recorded by order of the convention, 1861. In 
MSS., 223 pp., 50 lines to p., 10 words to line ; never printed. Appendix, pp. , 
225-354. (Reports of committee of public safety.) Index, pp. 357-380. O. M. 
Roberts, pres. Adjourned. March 26, 1801. Secy, state's office. 

Journal of the Texas State Convention. Assembled at Austin Feb. 7, 1866; 
adjourned April 2, 1866. Austin : 1866. 391 pp. 

The Constitution, as Amended, and Ordinances of the Convention of 1866; 
together with the proclamation of the governor declaring the ratification of the 
amendments to the constitution and the general laws of the regular session of 
the eleventh legislature of the State of Texas. By authority. Austin : 1866. 
272 pp. Index. 

Journal Reconstruction Convention, State of Texas, First Session, June 1 to 
Aug. 31, 1868. 944 pp. 8°. App. pp. 947-992. Index, pp. 995-1089. Austin : 
1870. 

The Same, second session. (Dec. 7, 1868, to Feb. 6, 1869.) 529 pp. List 
of delegates, pp. 533-535. Index, pp. 539-576. 

Journal of the Reconstruction Convention which met at Austin, Texas, Dec. 
7, A. D. 1868. Second session. Austin : 1870. 576 pp. 

Journal of the Constitutional Convention of the State of Texas. Begun and 
held at the city of Austin September 6, 1875. Galveston : 1875. 821 pp. Index. 



XXXII List erf Authorities 

Reports of the Constltutloual Convention of the State of Texas. J. D. Logan 
& Co., book uud Job printers : 1875. 10 pp. 

THOKPE 

A Constitutional History of the Amerk-au People [1 770-1 8r>0]. 2 vols. Fran- 
cis Newton Tliorr)e. New York: 1808. [Devoted wholly to the constitutional 
development of the States.] 

A Constitutional History of the United States. 1705-1895. 3 vols. Francis 
Newton Thorpe. Chicago: 1901. 

A Short Constitutional IIii|^ory of the United States. Francis N. Thorpe. 
Boston: 1904. [Treats of state and national constitutions.] 

TILDEN 

Samuel J. Tllden. Writings and si»ceches. Edlte<l by John Blgelow. 2 vols. 
New York : 1885. 

TSEATIES (AND CONVENTIONS) 

Treaties and Conventions Concluded between the United States and other 
Powers since July 4, 177G. Washington: 1889. 

VNITED STATES (CONSTITUTION) 

Elliot's Debates. 5 vols. Philadelphia : 1881. 

(The bil)liography of the sources is well covered by the notes in the con- 
stitutional histories of the United States cited in this list of authorities.) 

Studies In the History »f the Federal Convention of 1787. John F. Jameson. 
Ileiiort of the American Historical Association, 1902. vol. 1. pp. 89-1G7. 

Secret Proceedings and Debates of the Convention Assembled at IMiiladelphIa 
In the Year 1787 for the PuriM)se at Forming the Constitution of the United 
States of America. From the notes taken by the late Robert Yates, esq., chief 
justice of New York, and copied by John Lansing, jun., esq., late chancellor of 
that State, members of that convention. Including the " Genuine Information " 
laid before the legislature of Maryland, by Luther Martin, esq., then attorney- 
general of that State, and a member of the same convention. Also other his- 
torical documents relative to the Federal Compact of the North American 
Unions. Albany : 1821. .308 pp. 

Alexander Hamilton's Notes on the Federal Convention of 1787. American 
Historical Review. October, 1904. 

Portions of Charles PInckney's Plan for a Constitution, 1787. American His- 
torical Review. April, 1903. 

Sketch of PInckney's Plan for a Constitution, 1787. American Historical 
Review. July. 1904. 

Papers of William Paterson on the Federal Convention. American Historical 
Review. January, 1904. 

PaiK?rs of Dr. James McHenry on the Federal Convention of 1787. American 
Historical Review. April, 190(j. 

Documentary History of the Constitution of the United States of America, 
1787-1790. Derived from tlie records, manuscripts, and rolls deposited In the 
Bureau of Rolls and library of the Department of State. 3 vols. Washington : 
Department of State, 1894. 

Pamphlets on the Constitution of the United States. I'ublishetl during its 
discussion by the i)eopIe, 1787-1788. P^dited with notes and a bibliography by 
Paul Lek-ester Ford. Brooklyn, N. Y. : 1888. 451 pp. 

The Federal and State Constitutions, Colonial Charters, and Other Organic 
Laws of the United States. 2 pts. Washington, Government Printing Office: 
[Compiled by Ben: Perley Poore] 1877. 

UTAH 

Official Report of the Proceedings and Debates of the Convention Assembled 
March 4, 18}>5, to Adopt a Constitution for the State of Utah. 2 vols. Salt 
I^ke City : 1898. 

VEEXONT 

Vermont State Papers ; Being a Collection of Records and Documents Con- 
nected with the Assumption and Establishment of Government by the People of 



List of Authorities xxxiii 

Vermont; together with the journal of the council of safety, the first consti- 
tution, the early journals of the general assembly, and the laws from the year 
1779 to 178G, inclusive. To which are added the Proceedings of the first and 
second councils of censors. Compiled and published by William Slade, jun., 
Secretary of State. Middlebury : 1823. 507 pp. 

Journal of the Council of Censors, at their Sessions in June and October, 
1820, and March, 1821, Published by order of council. Danville (Vt.) : 1821. 
(^Ipp. 

Journal of the Convention of Vermont Assembled at the State House, at 
Montpelier, on the 21st day of February, and dissolved on the 23d day of Febru- 
arj', 1822. Published by order of convention. Burlington : 1822. 39 pp. 

Journal of the Council of Censors, at their Sessions at Montpelier and Burling- 
ton, in June, October, and November, 1827. Published by order of council. 
Montpelier, Vt. : 1828. 48 pp. 

Journal of the Convention Holdeu at Montpelier on the Gth day of January, 
A. D. 1836, Agreeable to the Ordinance of the Council of Censors, Made on the 
16th day of January, 1835 ; together with the amendments of the constitution, as 
adopted by the convention, and the whole of the constitution of the State of Ver- 
mont as now in force. Published by order of the convention. St. Albans: 1836. 
124 pp. 

Journal of the Sessions of the Council of Censors of the State of Vermont, 
held at Montpelier in June and October, A. D. 1841, and at Burlington in Feb- 
ruary, A. D. 1842. Burlington : 1842. 75 pp. 

Journal of the Convention Holden at Montpelier on the Fourth day of Janu- 
ary, A. D. 1843, agreeable to the Ordinance of the Council of Censors. Pub- 
lished by order of the convention. Montpelier : 1843. 84 pp. 

The Journal of the Council of Censors of the State of Vermont, at their Sev- 
eral Sessions in Montpelier and Burlington, 1848-49. Published by authority. 
Burlington: 1849. 87 pp. 

Journal of the Constitutional Convention Holden at Montpelier on the second 
day of January, A. D. 1850. Published by order of the convention. Burlington : 
1850. 114 pp. 

The Journal of the Council of Censors of the State of Vermont, at their Sev- 
eral Sessions in Montpelier and Middlebury, 1855-56. Published by authority. 
Middlebury: 1856. 108 pp. 

Journal of the Proceedings of the Constitutional Convention Assembled at 
Monti^elier on the first Wednesday of January, 1857. Burlington : 1856. 39 pp. 

Journal of the Council of Censors of the State of Vermont, at its first Session 
in Montpelier, June, 1862. Published by order of council. Montpelier : 1862. 
24 pp. 

Journal of the Council of Censors of the State of Vermont, at its several Ses- 
sions held in Montpelier, 1869. Published by order of council: Montpelier: 
1869. 

.Journal of the Proceedings of the Constitutional Convention of the People of 
^'crmont. Begun and held at the State House In Montpelier on the 8th of June, 
1870. Printed by authority. Burlington : 1870. 75 pp. Appendix. 

Collections of the Vermont Historical Society. Prepared and published by the 
printing and publishing committee in pursuance of .a vote of the society. 2 vols. 
Montpelier: 1870. 

Vermont Historical Society. Proceedings. 

VIRGINIA 

The Statutes at Large (1619-1692). 13 vols. W. W. Henlng. Philadelphia 
and New York : 1823. 

Colonial Records of Virginia. Th. H. Wynne, W. S. Oilman. Richmond: 
1874. 

Ordinances Passed at a General Convention of Delegates and Representatives 
from the Several Counties and Corporations of Virginia. Held at the capitol 
in the city of Williamsburg on Monday, the 6th of May, anno Dom. 1776. 
Reprinted by a resolution of the house of delegates, of the 24th February. 1816. 
Richmond : 1816. 19 pp. 

The Proceedings of the Convention of Delegates for the Counties and Cor- 
porations in the Colony of Virginia. Held at Richmond Town, in the county of 
Henrico, on the 20th March, 1775. Reprinted by a i-esolutlon of the house of 
delegates of the 24th February, 1816. Richmond : 1816. 4". 116 pp. 

7251— voi> 1—07 3 



XXXIV List of Authorities 

The Proceedings of the C'ouveutiou of Delegates Held at the Capitol, in the 
fMty of Williamsburg, in the Colony of Virginia, on Monday, the (ith of May, 
177<). Reprinted by a resolution of the house of delegates of the 24th Foliniary, 
ISlC. Hichmond: 181(1. 4°. 80 pp. 

Debates and Other ProcetHllngs of the Convention of Virginia. Convened at 
Uichniond on Monday the seeond day of June, 1878. for the purpose of deliberat- 
ing on the fonstitution recommended by the Grand Fetleral Convention ; to 
which is i)refixed the Federal Constitution. 2d ed. Richmond: 1805. 479 pp. 

Journal of the Convention of Virginia. Held in the city of Richmond on the 
first Morida.v in June in the year of our Ix)rd one thousand seven hundred and 
elghty-eigh*. Richmond: 1827. 39 pp. 

Journal, Acts and Proceedings of a General Convention of the Commonwealth 
of Virginia, ARsemble<l in Richmond on Monday, the fifth day of Octol)er in the 
year of our Lord one thousand eight hundred and twenty-nine. Richmond : 
1829. 302 pp. Reports In appendix. 

Proceedings and Debates of the Virginia State Convention of 1829-30. Rich- 
mond : 1830. 919 pp. 

Journal. Acts and Proceedings of a General Convention of the State of 
Virginia, Assembled at Richmond on Monday the 14th day of October. 18.50. 
Richmond : 1850. 422 pp. Appendix. 

Documents Containing StatLstlcs of Virginia. Ordered to Ite printed by the 
State convention, sitting in the city of Richmond, 1850-51. Richmond: 1851. 

Journal of the House of Delegates of the State of Virginia for the Extra 
Session, 18G1. Wheeling : 18G1. 104 pp. 

Journal of the Acts and Procee<lings of a (ieneral Convention of the State of 
Virginia, Assembletl at Richmond on Wednesday the thirteenth day of Feb- 
ruary, eighteen hundretl and sixty -one. Richmond: 1861. (With ordinances 
adopted at various sessions.) 

Journal of the Constitutional Convention which convened at Alexandria on 
the 1.3th day of February, 18G4. Alexandria : 1864. 52 pp. Constitution and 
Ordnances of the Same. 30 pp. 

The Debates and Proceedings of the Constitutional Convention of the State of 
Virginia, Assembled at the City of Richmond, Tuesday, December 3, 1867. vol. 
1. Richmond : 1808. 750 pp. 

Journal of the Constitutional Convention of the State of Virginisi. Convened 
In the City of Richmond, December 3, 1867. Richmond : 1867. 391 pp. 

Documents of the Constitutional Convention of the State of Virginia. Rich- 
mond : 18G7. 310 pp. 

Tlie History of Virginia Conventions, with the Constitutions of 1867-68 and 
1901-2. J. N. Brenaman. Richmond : 1902. 

Journal [and Documentsl of the Convention at Richmond, June 12, 1901- 
(Jime 2<;. 1902). Richmond: 1901. .-)74 i)p. 

Virginia Magazine of History and Biographj-. 

Virginia Historical Register. 

Virginia Historical Society. Collections. 

WASHINGTON 

George Washington. Writings. Editetl by .Tared Sparks. 12 vols. Boston: 
1837. 

George Washington. Writings. F^diteil by W. C. Ford. 14 vols. New York: 
1889-1893. 

WEBSTEB 

Daniel Webster. Works, a vols. Boston : 1851. 

Daniel Webster. Private Cx)rrespondence. Edite«l by Fletcher Webster. 2 
vols. Boston: 1857. 

WEST VISOINIA 

Journal of the Constitutional Convention. assemble<l at Charleston, West 
Virginia. Januarj' 16. 1872. Charleston : 1872. 353 pp. Standing committees 
and rules ; Reports. &c. 

WILSON 

James Wilson. Works. 3 vols. Philadelphia : 1804. 



List of Authorities xxxv 

WINSOR 

The Narrative aud Critical History of America. Edited bv Justin Wiiisor. 
8 vols. Boston : 1886-1889. 

WISCONSIN 

Journal of the Convention to form a Constitution for the State of Wisconsin. 
Kegun and lield at Madison on the fifth day of October, one thousand eight hun- 
dred and forty-six. Madison, W. T. : 1847. 50G pp. 

Journal of the Convention to form a Constitution for the State of Wisconsin : 
with a sketch of the debates, begun and held at Madison, on the fifteenth day of 
December, eighteen hundred and forty -seven. By authority of the convention. 
Madison, W. T. : 1848. 678 pp. 

State Historical Society of Wisconsin. Collections. 

WOODBURY 
Levi Woodbury. Writings. 3 vols. Boston : 1852. 

WYOMING 

Journal and Debates of the Constitutional Convention of the State of Wyom- 
ing. Begun at the City of Cheyenne on September 2, 1889, and concluded Sep- 
tember 30, 1889. Printed by authority. Cheyenne, Wyo. : 1893. 864 pp. Con- 
stitution. Index. 



Organic Laws 

of the United States of America 



DECLARATION OF INDEPENDENCE*" 

In Congress, July 4, 1776 
The unanimous Declaration of the thirteen united States of America 

When in the Course of human events, it becomes necessary for 
one people to dissolve the political bands which have connected them 
with another, and to assume among the Powers of the earth, the 
separate and equal station to which the Laws of Nature and of 
Nature's God entitle them, a decent respect to the opinions of man- 
kind requires that they should declare the causes which impel them 
to the separation. 

We hold these truths to be self-evident, that all men are created 
equal, that they are endowed by their Creator with certain unalien- 
able Rights, that among these are Life. Liberty and the pursuit of 
Happiness. That to secure these rights, Governments are instituted 
among Men, deriving their just powers from the consent of the gov- 

* Text in Revised Statutes (ed. 1878). Facsimile of the engrossed copy in 
Force's American Archives, Series V., I., 1597. 

o The delegates of the United Colonies of New Hampshire ; Massachusetts 
Bay ; Rhode Island and Providence Plantations ; Connecticut ; New York ; New 
Jersey ; Pennsylvania ; New Castle, Kent, and Sussex, in Delaware ; Maryland ; 
Virginia ; North Carolina, and South Carolina. In Congress assembled at Phila- 
delphia, Resolved on the 10th of May, 177G, to recommend to the respective 
assemblies and conventions of the United Colonies, where no government suffi- 
cient to the exigencies of their affairs had been established, to adopt such a 
government as should, in the opinion of the representatives of the people, best 
conduce to the happiness and safety of their constituents in particular, and of 
America in general. A preamble to this resolution, agreed to on the 15th of 
May, stated the intention to be totally to suppress the exercise of every kind 
of authority under the British crown. On the 7th of .Tune, certain resolutions 
respecting independency were moved and seconded. On the 10th of .Tunc, it 
was resolved, that a committee sh(mld be appointed to prepare a declaration 
to the following effect : " That the United Colonies are, and of right ought 
to be, free and independent States ; that they are absolved from all allegiance 
to the British crown; and that all political connection between them and the 
State of Great Britain is, and ought to be, totally dissolved." On the preced- 
ing day it was determined that the committee for preparing the declaration 
should consist of five, and they were chosen accordingly, in the following order: 
Mr. Jefferson, Mr. J. Adams, Mr. Franlclin. Mr. Sherman. Mr. R. R. Livingston. 
On the 11th of June, a resolution was passed to appoint a committee to pre- 
pare and digest the form of a confederation to be entered into between the 
colonies, and another committee to prepare a plan of treaties to be proposed to 
foreign powers. On the 12th of June, it was resolved, that a committee of 
Congress should be appointed by the name of a board of war and ordnance, 
to consist of five members. On the 25th of June, a declaration of the deputies 
of Pennsylvania, met in provincial conference, expressing their willingness to 
concur in a vote declaring the United Colonies free and independent States, 
was laid before Congress and read. On the 28th of June, the committee 
apiwinted to prepare a declaration of independence brought in a draught, which 



4 Declaration of Independence 

erned, That whenever any Form of Governnicnt becomes destructive 
of these ends, it is the Right of the People to alter or to abolish it, 
and to institute new Government, laying its foundation on such prin- 
ciples and organizing its i)o\vers in such form, as to them shall seem 
most likely to effect their Safety and Happiness. Prudence, indeed, 
will dictate that (lovernments long established should not be changed 
for light and transient causes; and accordingly all experience hath 
shown, that mankind are more disposed to suffer, while evils arc 
suffcrable, than to right themselves by abolishing the forms to which 
they are accustomed. But when a lon^ .train or abuses and usurpa- 
tions, pursuing invariably the same Obiect evinces a design to reduce 
them under absolute Despotism, it is their right, it is their duty, to 
throw off such Government, and to provide new Guards for their 
future security. — Such has been the patient sufferance of these Col- 
onies; and such is now the necessity which constrains them to alter 
their former Systems of Government. The history of the present 
King of Great Britain is a history of repeated injuries and usurpa- 
tions, all having in direct object the establishment of an absolute 
T3Tanny over these States. To prove this, lets Facts be submitted 
to a candid world. 

He has refused his Assent to Laws, the most wholesome and neces- 
sary for the public good. 

He has forbidden his Governors to pass Laws of immediate and 
pressing importance, unless suspended in their operation till his 
Assent should be obtained; and when so suspended, he has utterly 
neglected to attend to them. 

He has refused to pass other Laws for the accommodation of large 
districts of people, unless those people would relinquish the right of 

was read, and ordered to lie on the table. On the 1st of July, a resolution 
of the convention of Maryland, passetl the 28th of .Tune, authorizing the 
deputies of that colony to t-oncur in declaring the I'ujted Colonies free and 
independent States, was laid before Congress and read. On the same day 
Congress resolved itself into a committee of the whole, to take into considera- 
tion the resolution resjjectlng independency. On the 2d of .July, a resolution 
declaring the colonies free and' independent States, was adopted. A declara- 
tion to that effect was, on the same and the following days, taken into further 
consideration. Finally, on the 4th of .July, the Declaration of Independence 
was agreed to, engrossetl on paper, signed by .John Hancock as President, and 
directed to l>e sent to the several assemblies, conventions, and committees, or 
councils of safety, and to the several commanding officers of the continental 
troops, and to be proclaimed in each of the United States, and at the head of 
the Army. It was also ordered to t>e entered upon the Journals of Congress, 
and on the 2d (tf August, a copy engros.sed on parchment was signed by all but 
one of the flfty-si.x signers whose names are apj^ended to it. That one was 
Matthew Thornton, of New Hampshire, who on taking his seat in November 
aske<l and obtained the privilege of signing it. Several who signed it on the 
2d of August were al>sent when it was adopted on the 4tb of July, but, approv- 
ing of it. they thus signified their approl)ation. 

NoTK. — The proof of this document as published above, was read by Mr. Fer- 
dinand Jeffei'son, the Keeiier of the Rolls at the Department of State, at Wash- 
ington, who compared it with the fac-simile of the original in his custody. He 
says: "In the fac-slmile, as in the original, the whole instrument runs on 
without a break, but dashes are mostly inserted. I have, in this copy, followed 
the arrangement of paragraphs adopted in the publication of the Declaration 
in the newspaper of John Dunlap, and as printed by him for the Congress, 
which printed copy is inserted in the original .Journal of the old Congress. The 
same paragraphs are also made by the author, in the original draught preserved 
in the Department of State." 



Declaration of Independence 5 

Kepresentation in the Legislature, a riglit inestimable to them and 
formidable to tyrants only. 

He has called together legislative bodies at places unusual, uncom- 
fortable, and distant from the depository of their Public Records, for 
the sole purpose of fatiguing them into compliance with his measures. 

He has dissolved Representative Houses repeatedly, for opposing 
with manly firmness his invasions on the rights of the people. 

He has refused for a long time, after such dissolutions, to cause 
others to be elected; whereby the Legislative Powers, incapable of 
Annihilation, have returned to the l*eople at large for their exercise; 
the State remaining in the mean time exposed to all the dangers of 
invasion from without, and convulsions within. 

He has endeavoured to prevent the population of these States; for 
that purpose obstructing the Laws for Naturalization of Foreigners; 
refusing to pass others to encourage their migration hither, and rais- 
ing the conditions of new Appropriations of Lands. 

He has obstructed the Administration of Justice, by refusing his 
Assent to Laws for establishing Judiciary Powers. 

He has made Judges dependent on his Will alone, for the tenure of 
their offices, and the amount and payment of their salaries. 

He has erected a multitude of New Offices, and sent hither swarms 
of Officers to harrass our People, and eat out their substance. 

He has kept among us. in times of j:>eace. Standing Armies without 
the Consent of our legislature. 

He has affected to render the Military independent of and superior 
to the Civil Power. 

He has combined with others to subject us to a jurisdicftion foreign 
to our constitution, and unacknowledged by our laws; giving his 
Assent to their Acts of pretended Legislation : 

For quartering large bodies of armed troops among us: 

For protecting them, by a mock Trial, from Punishment for any 
Murders which thev should commit on the Inhabitants of these 
States : 

For cutting off our Trade with all parts of the world : 

For imposing Taxes on us without our Consent: 

For depriving us in many cases, of the benefits of Trial by Jury : 

For transporting us beyond Seas to be tried for pretended offences: 

For abolishing the free System of English Laws in a neighbouring 
Province, establishing therein an Arbitrary government, and enlarg- 
ing its Boundaries so as to render it at once an example and fit instru- 
ment for introducing the same absolute rule into these Colonies: 

For taking away our Charters, abolishing our most valuable Laws, 
and altering fundamentally the Forms of our Governments: 

For suspending our own Legislatures, and declaring themselves 
invested with Power to legislate for us in all cases whatsoever. 

He has abdicated Government here, by declaring us out of his 
Protection and waging War against us. 

He has plundered our seas, ravaged our Coasts, burnt our towns, 
and destroyed the Lives of our people. 

He is at this time transporting large Armies of foreign Mercenaries 
to compleat the works of death, desolation and tyranny, already begun 
with circumstances of Cruelty & perfidy scarcely paralleled in the most 
barbarous ages, and totally unworthy the Head of a civilized nation. 



6 Declaration of Independence 

He has constrained our fellow Citizens taken Captive on the high 
Seas to l)ear Arms against their Country, to become the executioners 
of their friends and Brethren, or to fall themselves bv their Hands. 

He has excited domestic insurrections amongst us, and has endeav- 
oured to bring on the inhabitants of our rrontiers, the merciless 
Indian Savages, whose known rule of warfare, is an undistinguished 
tlestrnction of all ages, sexes and conditions. 

In every stage of these Oppressions We have Petitioned for Kedress 
in the most humble terms: Our repeated Petitions have been answered 
only by repeated injury. A Prince, whose character is thus marked 
by every act which may define a Tyrant, is unfit to be the ruler of a 
free People. 

Nor have AVe been wanting in attention to our British brethren. 
We have warned them from time to time of attempts by their legis- 
lature to extend an unwarrantable jurisdiction over us. AVe have 
reminded them of the circumstances of our emigration and settle- 
ment here. AVe have appealed to their native justice and magna- 
nimity, and we have conjured them by the ties of our common kindred 
to disavow these usurpations, which, would inevitably interrupt our 
connections and correspondence. They too have been tleaf to the 
voice of justice and of consanguinity. We must, therefore, acquiesce 
in the necessity, which denounces our Separation, and hold them, as we 
hold the rest of mankind. Enemies in Avar, in Peace Friends. 

AA\', therefore, the Representatives of the united States of Amer- 
ica, in General Congress, Assembled, appealing to the Supreme Judge 
of the world for the rectitude of our intentions, do, in the Name, and 
by Authority of the good l*eople of these Colonies, solemnly publish 
and declare. That these United Colonies are, and of Right ought to 
l)e Free and Independent States; that they are Absolved from all 
Allegiance to the British Crown, and that all political connection 
between them and the State of Great Britain, is and ought to be 
totally dissolved; and that as Free and Independent States, they 
have full Power to levy AA'ar. conclude Peace, contract Alliances, 
establish Commerce, and to do all other Acts and Things which Inde- 
pendent States may of right do. And for the support of this Dec- 
laration, with a firm reliance on the Protection of Divine Providence, 
we mutually pledge to each other our Lives, our Fortunes and our 
sacred Honor. 

John Hancock. 
New II amps /lire 

JosiAH Bartlett. Matthew Thornton. 

AA^M. AA'^HIPPLK. 

Maiisachuseffx Bay 

Saml. Adams. Robt. Treat Paine, 

John Adams, ELBRmoK Gerrv. 

Rhode Idand 

Step. Hopkins, AA^ilijam Ellerv. 

Connecticut 

Roger Sherman, Wm. AViixiams, 

Sam'el Hi xtin«,ton. Oliver AVolcott. 



Declaration of Independence 



Wm. Frx)YD, 
Pnir,. TiiMNOSTON, 



Kinii). Stockton, 

Jno. WlTHKHSlHM)N. 

FijAs. IIorivixsoN, 



IvOBT, Morris, 
Benjamin Rush, 
Benja. Franklin, 
John Morton, 
Geo. Clymer, 



C^5SAR Rodney, 
Geo. Read, 



Samuel Chase, 
Wm. Paca, 
Thos. Stone. 



George Wytiie, 
Rkjhari) Henry Lee. 
Th Jefferson, 
Benja. Harrison. 



Wm. Hooper, 
Joseph HewkvS, 



Nev York 



Frans. Lewis, 
Lewis AForris. 



Netr JevKcy 



John Hart, 
a bra. (^lari>. 



PennsylvaiHd 



J as. Smith, 
Geo. Taylor, 
Ja^ies Wilson, 
Geo. Ross. 



Delaware 



'Iiio. M'Kean. 



Maryldhd 



Virrf'niJd 



Charles Carroli^ of Car 
roll ton. 



Thos. Nelson, jr., 
Francis Lkuitfoot Lee, 
Carter I)Ra\ton. 



Xorth Car aim a 



John Penn. 



South Carolina 



Edward Rutledge, 
Thos. Heyward. Jiinr 



Button Gwinnet- 
Lyman Hall, 



(reorgia 



Thomas Lynch. Junr, 
Arthttr Middleton. 



(lEo. Walton. 



Note. — Mr. Ferdinand .Jeflferson, Keeper of the Rolls in the Department of 
State, at Washington, says: "The names of the signers are spelt ahove as in 
the fae-simile of the original, luit the punctnation of them is not always the 
same; neither do the names of the States appear in the fac-simile of the original. 
The names of the signers of each State are grouped together in the fac-simile of 
the original, except the name of Matthew Thornton, which follows that of Oliver 
Wolcott." 



ARTICLES OF CONFEDERATION-1777*« 



To all to whom these Presents shall coiiie, we the undersigned Dele- 
gates of the States affixed to our Names send greeting. 

Whereas the Delegates of the United States of America in Congress 
assembled did on the fifteenth day of November in the Year of our 
Lord One Thousand Seven Hundred and Seventyseven, and in the 
Second Year of the Independence of America agree to certain articles 
of Confederation and perpetual Union between the States of New- 
hampshire, Massachusetts-bay, Rhodeisland and Providence Planta- 

*Text in Revised Statutes (ed. 1878). 

o Congress Resolved, on the lltli of June, 1770, that a committee should be 
appointed to prepare and digest tlie form of a confederation to be entered into 
between the Colonies ; and on the day following, after it had been determined 
that the committee should consist of a member from each Colony, the following 
I)ersons were appointed to perform that duty, to wit : Mr. Bartlett, Mr. S. 
Adams, Mr. Hopkins. ^Ir. Sherman. Mr. R. R. Livingston, Mr. Dickinson, Mr. 
M'Kean, Mr. Stone, Mr. Nelson, Mr. Hewes, Mr. E. Rutledge, and Mr. Gwinnett. 
Upon the report of this committee, the subject was, from time to time, debated, 
until the loth of November, 1777, when a copy of the confederation being made 
out, and sundry amendments made in the diction, without altering the sense, 
the same was finally agreed to. Congress, at the same time, directed that the 
articles should be proposed to the legislatures of all the United States, to be 
considered, and if approved of by them, they were advised to authorize their 
delegates to ratify the same in the Congi-ess of the United States ; which being 
done, the same should become conclusive. Three hundred copies of the Articles 
of Confederation were ordered to be printed for the use of Congress ; and on 
the 17th of November, the form of a circular letter to accompany them was 
brought in by a committee appointed to prepare it. and being agreed to, thirteen 
copies of it were ordered to be made out, to be signed by the president and 
forwarded to the several States, wath copies of the confederation. On the 29th 
of November ensuing, a committee of thi'ee was appointed, to procure a transla- 
tion of the articles to be made into the French language, and to report an 
address to the inhabitants of Canada, &c. On the 20th of June, 1778, the form 
of a ratification of the Articles of Confederation was adopted, and, it having 
been engrossed on parchment, it was signed on the 9th of July on the part and 
in behalf of their respective States, by the delegates of New Hampshire, Massa- 
chusetts Bay. Rhode Island and Providence Plantations, Connecticut, New York, 
Pennsylvania. Virginia, and South Carolina, agreeal)ly to the powers vested 
in them. The delegates of North Carolina signed on the 21st of July, those of 
Georgia on the 24th of July, and those of New Jersey on the 20th of November 
following. On the 5th of May, 1779, Mr. Dickinson and Mr. Van Dyke signed 
in behalf of the State of Delaware, Mr. M'Kean having previously signed in 
February, at which time he produced a power to that effect. Maryland did not 
ratify until the year 1781. She had instructed her delegates, on the 15th of 
December, 1778, not to agree to the confederation until matters respecting the 
western lands should be settled on principles of equity and sound policy; but, 
on the 30th of January, 1781. finding that the enemies of the country took 
advantage of the circumstances to disseminate opinions of an ultimate dissolu- 
tion of the I'nion, the legislatiire of the State passed an act to empower their 
delegates to subscribe and ratify the articles, which was accordingly done by 

9 



10 Articles of Confederation — 1777 

tions, Connecticut, New York, New Jei-sey, Pennsylvania, Delaware, 
Maryland, Virginia, North-Carolina, South-Carolina and Georgia in 
the Words following, viz. 

"Articles of Confederation and f)erpetual Union between the States 
of Newhanipshire, Massachusetts-bay, Khodeisland and .Providence 
Plantations, Connecticut, New- York, New-Jersey, Pennsylvania, 
Delaware, Maryland, Virginia, North-Carolina, South-Carolina 
and Georgia. 

Article I. The stile of this confederacy shall be " The United 
States of America." 

Article II. Each State retains its sovereignty, freedom and inde- 
pendence, and every power, jurisdiction and right, which is not by 
this confederation expressly delegated to the United States, in Con- 
gress assembled. 

Article III. The said States herebv severally enter into a firm 
league of friendship with each other, for their common defence, the 
security of their liberties, and their mutual and general welfare, bind- 
ing themselves to assist each other, against all force offered to, or 
attacks made upon them, or any of them, on account of religion, sov- 
ereignty, trade, or any other pretence whatever. 

Article IV. The better to secure and perj^etuate mutual friend- 
ship and intercourse among the people of the different States in this 
Union, the free inhabitants of each of these States, paupers, vaga- 
bonds and fugitives from justice excepted, shall be entitled to all 
privileges and immunities of free citizens in the several States; and 
the people of each State shall have free ingi*ess and regress to and 
from any other State, and shall enjoy therein all the privileges of 
trade and commerce, subject to the same duties, impositions and 
restrictions as the inhabitants thereof respectively, provided that such 
restrictions shall not extend so far as to prevent the removal of prop- 
erty imported into any State, to any other State of which the owner 
is an inhabitant ; provided also that no imposition, duties or restric- 
tion shall he laid by any State, on the proi>erty of the United States, 
or either of them. 

If any person guilty of, or charged with treason, felony, or other 
high misdemeanor in any State, shall flee from justice, and be found 
in any of the United States, he shall upon demand of the Governor 
or Executive power, of the State from which he fled, be delivered up 
and removed to the State having jurisdiction of his offence. 

.Mr. Hanson and Mr. Carroll, on the 1st of March of that year, which completed 
the ratifications of the act ; and Congress assembled on the 2d of March under 
the new powers. 

Note. — The proof of this document, as publishecl al>ovo. was read by Mr. 
Ferdinand .Tofferson. the Keeper of tlie Rolls of the Dei);irtment of State, at 
Washington, who compared it with the original in his custody. He says: "The 
initial letters of many of tlio words in the original of tliis instrument are caj)- 
tals, but as no system apiwars to have been observed, the same word sometimes 
beginning with a capital and sometimes with a small letter. I have thought it 
l)est not to undertake to follow the original in this particular. Moreover, there 
are three forms of the letter s : the capital S. the small s. and the long f. the 
last being used indiscriminately to words that should begin with a capital and 
those that should beghx with a small s." 



Articles of Corvfederation — 1777 11 

Full faith and credit shall be given in each of these States to the 
records, acts and judicial proceedings of the courts and magistrates 
of ever}' other State. 

Article Y. For the more convenient management of the general 
interests of the United States, delegates shall be annually appointed 
in such manner as the legislature of each State shall direct, to meet in 
Congress on the first Monday in November, in every year, with a 
power reserved to each State, to recall its delegates, or any of them, 
at any time within the year, and to send others in their stead, for the 
remainder of the year. 

No State shall be represented in Congress by less than two, nor by 
more than seven members; and no person shall be capable of being a 
delegate for more than three years in any term of six years; nor shall 
any person, being a delegate, be capable of holding any office under 
the United States, for which he, or another for his benefit receives 
any salary, fees or emolument of any kind. 

Each State shall maintain its own delegates in a meeting of the 
States, and while the}' act as members of the committee of the States. 

In determining questions in the United States, in Congress assem- 
bled, each State shall have one vote. 

Freedom of speech and debate in Congress shall not be impeached 
or questioned in any court, or place out of Congress, and the members 
of Congress shall be protected in their persons from arrests and im- 
prisonments, during the time of their going to and from, and attend- 
ance on Congress, except for treason, felony, or breach of the peace. 

Article VI. No State without the consent of the United States in 
Congress assembled, shall send any embassy to, or receive any embassy 
from, or enter into any conferrence, agreement, alliance or treaty with 
any king prince or state; nor shall any person holding any office of 
profit or trust under the United States, or any of them, accept of any 
present, emolument, office or title of any kind whatever from any 
king, prince or foreign state; nor shall the United States in Congress 
assembled, or any of them, grant any title of nobility. 

No two or more States shall enter into any treaty, confederation or 
alliance whatever between them, without the consent of the United 
States in Congress assembled, specifying accurately the purposes for 
which the same is to be entered into, and how long it shall continue. 

No State shall lay any imposts or duties, which may interfere wdtli 
any stipulations in treaties, entered into by the United States in Con- 
gress assembled, with any king, prince or state, in pursuance of any 
treaties already proposed by Congress, to the courts of France and 
Spain. 

No vessels of war shall be kept up in time of peace by any State, 
except such number only, as shall be deemed necessary by the United 
States in Congress assembled, for the defence of such State, or its 
trade; nor shall any body of forces be kept up by any State, in time 
of peace, except such number only, as in the judgment of the United 
States, in Congress assembled, shall be deemed requisite to garrison 
the forts necessary for the defence of such State ; but every State shall 
alw^ays keep up a well regulated and disciplined militia, sufficiently 
armed and accoutred, and shall provide and constantly have ready 
for use, in public stores, a due number of field pieces and tents, and a 
proper quantity of arms, ammunition and camp equipage. 



12 Articles of Confederation — 1777 

No State shall ejigage in any war without the consent of the United 
States in Congress assembled, unless such State be actually invaded 
by enemies, or shall have received certain advice of a resolution 
being formed by some nation of Indians to invade such State, and 
the danger is so imminent as not to admit of a delay, till the United 
States ill Congi-ess assembled can be consulted: nor shall any State 
grant commissions to any ships or vessels of war, nor letters of 
marque or reprisal, except it be after a declaration of war by the 
United States in Congress assembled, and then only against the 
kingdom or state and the subjects thereof, against which war has 
l)een so declared, and under such regulations as shall he established 
by the United States in Congress assembled, unleas such State 1k^ 
infested by pirates, in which case vessels of war may be fitted out for 
that occasion, and kept so long as the danger shall continue, or until 
the United States in Congress assembled shall determine otherwise. 

Articlk VII. When land-forces are raised by any State for the 
common defence, all officers of or under the rank of colonel, shall 
be appointed by the Le^slature of each State respectively by whom 
such forces shall be raised, or in such manner as such State shall 
direct, and all vacancies shall be filled up by the State which first 
made the appointment. 

Article VIII. All charges of war, and all other expenses that 
shall he incurred for the common defence or general welfare, and 
allowed by the United States in Congress assembled, shall be de- 
frayed out a common treasury, which shall be supplied by the 
several States, in proportion to the value of all land within each 
State, granted to or surveyed for any person, as such land and the 
buildings and improvements thereon shall be estimated according to 
such mode as the United States in Congress assembled, shall from 
time to time direct and appoint. 

The taxes for paying that proportion shall be laid and levied by the 
authority and direction of the legislatures of the several States 
within the time agreed upon by the United States in Congress 
assembled. 

ARTICX.E IX. The United States in Congress assembled, shall have 
the sole and exclusive right and power of determining on peace arid 
war, except in the cases mentioned in the sixth article — of sending 
and receiving ambassadors — entering into treaties and alliances, pro- 
vided that no treaty of commerce shall be made whereby the legisla- 
tive power of the respective States shall be restrained from imposing 
such imposts and duties on foreigners, as their own people are sub- 
jected to, or from prohibiting the exportation or importation of any 
sj)ecies of goods or commodities whatsoever — of establishing rules 
for deciding in all cases, what captures on land or water shall be 
legal, and in what manner prizes taken by land or naval forces in the 
service of the United States shall he divided or appropriated — of 
granting letters of marque and reprisal in times of peace — appointing 
courts for the trial of piracies and felonies committed on the high seas 
and establishing courts for receiving and determining finally appeals 
in all cases of captures, provided that no meml)er of Congress shall 
be appointed a judge of any of the said courts. 

The United States in Congress assembled shall also be the last 
resort on appeal in all disputes and differences now subsisting or that 



Articles of Confederation- -1777 13 

hereafter may arise between two or more States concerning boundary, 
jurisdiction or any other cause whatever; which authority shall 
always be exercised in the manner following. Whenever the legisla- 
tive or executive authority or lawful agent of any State in contro- 
versy with another shall present a petition to Congress, stating the 
matter in question and praying for a hearing, notice thereof shall be 
given by order of Congress to the legislative or executive authority 
of the other State in controversy, and a day assigned for the appear- 
ance of the parties by their lawful agents, who shall then be directed 
to appoint b}' joint consent, commissioners or judges to constitute a 
court for hearing and determining the matter in question : but if they 
cannot agree, Congress shall name three persons out of each of the 
United States, and from the list of such persons each party shall 
alternately strike out one, the petitioners beginning, until the number 
shall be reduced to thirteen ; and from that number not less than 
seven, nor more than nine names as Congress shall direct, shall in the 
presence of Congress be drawn out by lot, and the persons whose 
names shall be so draw-n or any five of them, shall be commisioners 
or judges, to hear and finally determine the controversy, so always as 
a major part of the judges who shall hear the cause shall agree in the 
determination : and if either party shall neglect to attend at the day 
appointed, without showing reasons, which Congress shall judge 
sufficient, or being present shall refuse to strike, the Congress shall 
proceed to nominate three persons out of each State, and the Secre- 
tary of Congress shall strike in behalf of such party absent or re- 
fusing; and the judgment and sentence of the court to be appointed, 
in the manner before prescribed, shall be final and conclusive ; and if 
any of the parties shall refuse to submit to the authority of such 
court, or to appear or defend their claim or cause, the court shall 
nevertheless proceed to pronounce sentence, or judgment, which shall 
in like manner be final and decisive, the judgment or sentence and 
other proceedings being in either case transmitted to Congress, and 
lodged among the acts of Congress for the security of the parties con- 
cerned : provided that every commissioner, before he sits in judgment, 
shall take an oath to be administered by one of the judges of the 
supreme or superior court of the State where the cause shall be tried, 
" well and truly to hear and determine the matter in question, accord- 
ing to the best of his judgment, without favour, affection or hope of 
reward :" provided also that no State shall be deprived of territory 
for the benefit of the United States. 

All controversies concerning the private right of soil claimed under 
different grants of two or more States, whose jurisdiction as they 
may respect such lands, and the States which passed such grants are 
adjusted, the said grants or either of them being at the same time 
claimed to have originated antecedent to such settlement of jurisdic- 
tion, shall on the petition of either party to the Congress of the 
United States, be finally determined as near as may be in the same 
manner as is before prescribed for deciding disputes respecting terri- 
torial jurisdiction between different States. 

The United States in Congress assembled shall also have the sole 
and exclusive right and power of regulating the alloy and value of 
coin struck by their own authority, or by that of the respective 
States. — fixing the standard of weiglits and'measures throughout the 

7251— VOL 1—07 4 



14 Articles of Confederatmn — 1777 

United States. — rej^ulatin^ the tnule and managing all affairs with 
the Indians, not members of any of the States, provided that the 
legislative right of any State within its own limits be not infringed 
or violated — establishing and regulating post-offices from one State 
to another, throughout all the United States, and exacting such pos- 
tage on the papers passing thro' the same as may be requisite to 
defray the expenses of the said office — appointing all officers of the 
land forces, in the service of the United States, excepting regimental 
officers — appointing all the officers of the naval forces, and commis- 
sioning all officers whatever in the service of the United States — mak- 
ing rules for the government and regulation of the said land and 
naval forces, and directing their operations. 

The United States in Congress assembled shall have authority to 
appoint a committee, to sit in the recess of Congress, to be denomi- 
nated '* a Committee of the States," and to consist of one delegate from 
each State; and to appoint such other committees and civil officers as 
may be necessary for managing the general affairs of the United 
States under their direction — to appoint one of their numljer to pre- 
side, provided that no person be allowed to serve in the office of 
president more than one year in any term of three years; to ascertain 
the necessary sums of money to be raist»d for the service of the 
United States, and to appropriate and apply the same for defra^'ing 
the public expenses — to borrow money, or emit bills on the credit of 
the United States, transmitting every half year to the respective 
States an account of the sums of money so borrowed or emitted. — to 
build and equip a navy — to agree upon the ninnlx»r of land forces, 
and to make requisitions from each State for its quota, in proportion 
to the number of white inhabitants in such* State; which requisition 
shall be binding, and thereupon the Legislature of each State shall 
appoint the regimental officers, raise the men and cloath, arm and 
equip them in a soldier like manner, at the expense of the United 
States; and the officers and men so cloathed, armed and equipped shall 
march to the place appointed, and within the time agreed on by the 
United States in Congress assembled: but if the United States in 
Congress assembled shall, on consideration of circumstances judge 
proper that any State should not raise men. or should raise a smaller 
number of men than the quota therof, such extra number shall be 
number of men that the quota thereof, such extra number shall be 
raised, officered, cloathed, armed and equipped in the same manner 
as the quota of such State, unless the legislature of such State shall 
judge that such extra number cannot be safely spared out of the 
same, in which case they shall raise officer, cloath, arm and equip as 
many of such extra number as they judge can be safely spared. And 
the officers and men so cloathed, armed and equipped, shall march to 
the place appointed, and within the time agreed on by the United 
States in Congress assembled. 

The United States in Congress assembled shall never engage in a 
war, nor grant letters of marque and reprisal in time of peace, nor 
enter into any treaties or alliances, nor coin money, nor regulate the 
value thereof, nor ascertain the sums and expenses necessary for the 
defence and welfare of the United States, or any of them, nor emit 
bills, nor borrow money on the credit of the United States, nor appro- 
priate money, nor agree upon the number of vessels of war, to Ix' 



Articles of Confederation — 1777 15 

built or purchased, or the number of land or sea forces to be raised, 
nor ajjpoint a commander in chief of the army or navy, unless nine 
States assent to the same: nor shall a question on any other point, 
except for adjourning from day to day be determined, unless by the 
votes of a majority of the United States in Congress assembled. 

The Congress of the United States shall have power to adjourn to 
any time within the year, and to any place within the United States, 
so that no period of adjournment be for a longer duration than the 
space of six months, and shall publish the journal of their proceedings 
monthly, except such parts thereof relating to treaties, alliances or 
military operations, as in their judgment requiry secresy; and the 
yeas and nays of the delegates of each State on anj' question shall be 
military operations, as in their judgment require secresy; and the 
delegates of a State, or any of them, at his or their request shall be 
furnished with a transcript of the said journal, except such parts as 
are above excepted, to lay before the Legislatures of the several 
States. 

Article X. The committe of the States, or any nine of them, shall 
be authorized to execute, in the recess of Congress, such of the powers 
of (Congress as the United States in Congress assembled, by the con- 
sent of nine States, shall from time to time think expedient to vest 
them Avith ; provided that no power be delegated to the said commit- 
tee, for the exercise of which, by the articles of confederation, the 
voice of nine States in the Congress of the United States assembled is 
requisite. 

Article XI. Canada acceding to this confederation, and joining 
in the measures of the United States, shall be admitted into, and 
entitled to all the advantages of this Union : but no other colony shall 
be admitted into the same, unless such admission be agreed to by nine 
States. 

Article XII. All bills of credit emitted, monies borrowed and 
debts contracted by, or under the authority of Congress, before the 
assembling of the United States, in pursuance of the present con- 
federation, shall be deemed and considered as a charge against the 
United States, for payment and satisfaction whereof the said United 
States, and the public faith are hereby solemnly pledged. 

Article XIII. Every State shall abide by the determinations 
of the United States in Congress assembled, on all questions which by 
this confederation are submitted to them. And the articles of this 
confederation shall be inviolably observed by every State, and the 
Union shall be perpetual ; nor shall any alteration at any time here- 
after be made in any of them ; unless such alteration be agreed to in 
a Congress of the United States, and be afterwards confirmed by the 
Legislatures of every State. 

And whereas it has j^leased the Great Governor of the world to 
incline the hearts of the Legislatures Ave respectively represent in 
Congress, to approve of, and to authorize us to ratify the said articles 
of confederation and perpetual union. KnoAv ye that we the under- 
signed delegates, by virtue of the power and authority to us given 
for that purpose, do by these presents, in the name and in behalf of 
our respective constituents, fully and entirely ratify and confirm 
each and every of the said articles of confederation and perpetual 
union, and all and singular the matters and things therein contained: 



16 Articles of Confederation — 1777 

and we do further solemnly plight and engage the faith of our 
respective constituents, that they shall abide by the determinations of 
the United States in Congress assembled, on all questions, which by 
the said confederation are submitted to them. And that the articles 
thereof shall l)e inviolably observed by the States we re[sjpectively 
represent, and that the Union shall be perpetual. 

In witness whereof we have hereunto set our hands in Congress. 
Done at Philadelphia in the State of Pennsylvania the ninth day of 
July in the year of our Lord one thousand seven hundred and seventy- 
eight, and in the third year of the independence of America." 

On the part <& behalf of the State of New Hampsh'uy 

JosiAii Bartlett, John Wentworth. Junr., 

August 8th, 1778. 

On the pavt and behalf of the State of Mas.sachuf<etts Hay 

John Hancock, Francis Dana, 

Samuel Adams, . James Txjvell, 

Elbridge Gerry, Samuel Holten. 

On the part and behalf of the State of Rhode Island and Prooidence 

Plantations 

Wn-LiAM Ellery, John C/Ollins. 

Henry Marchant, 

On the part and, behalf of the State of Connecticut 

Roger Sherman, Titus Hosmer, 

Samuel Huntington, Andrew Adams. 

Oliver Wolcott, 

On the part and behalf of the State of New York 

Jas. Duane, Wm. Duer, 

Fra. Lewis, Gouv. Morris. 

On the part and in behalf of the State of New Jersey^ Nor. 20, 1778 

Jno. Witherspoon, Xathl. Scuddeh. 

On the part and behalf of the State of Pennsyloania 

RoBT. Morris. William Clingan. 

Daniel Roberdeau, Joseph Reed, 2*2d July, 1778. 

JoNA. Bayard Smith, 

On the part c& beJialf of the State of Delaware 

Tho. M'Kean, Nicholas Van Dyke. 

Feby. 12, 1779. 
John Dickinson, 

May 5th, 1779. 

On the part and behalf of the State of Maryland 

John Hanson, Daniel Carroll, 

March L 1781. Mar. 1, 178K 



« From the circumstance of delegates from the same State having signed the 
Articles of (Confederation at different times, as appears by the dates, it is 
probable they affixe<l their names as they hapiM?ned to be present in Congress, 
after they had been authorized by their ttonstituents. 



Articles of Confederation — 1777 17 

On the part und behalf of the ^tate of Virginia 

Richard Henry Lek, Jno. Harme, 

John Banister, Francis Lightfoot Lee. 

Thomas Adams, 

On the part and hehalf of the f^tate of No. (Jarol'nia 

John Penn, July 21st, 1778. J no. Williams. 

Corns. Harnett, 

On the part <fe hehalf of tJie State of South Carolina 

Henry Lafrens, Richd. Hutson, 

William Henry Drayton, Thos. Heyward, Jiiiir. 

Jno. Mathews, 

On the part <f? hehalf of the State of Georgia 

»)no. Walton, Edwd. Telfair, 

24th July, 1778. Edwd. Langworthy. 



THE CONSTITUTION OF THE UNITED STATES OF 
AMERIOA-1787' 

We the People of the United States, in Order to form a more per- 
fect Union, establish Justice, insure domestic Tranquility, provide 
for the common defence, promote the general ^A^elfare, and secure 
the Blessings of Liberty to ourselves and our Posterity, do ordain 
and establish this Constitution for the United States of America. 

Article I 

Section 1. All legislative Powers herein granted shall be vested in 
a Congress of the United States, which shall consist of a Senate and 
House of Representatives. 

Section 2. The House of Representatives shall be composed of 
Members chosen every second Year by the People of the several 
States, and the Electors in each State shall have the Qualifications 
requisite for Electors of the most numerous Branch of the State 
Legislature. 

No Person shall be a Representative who shall not have attained to 
the Age of twenty five Years, and been seven Years a Citizen of the 
United States, and Avho shall not, when elected, be an Inhabitant of 
that State in which he shall be chosen. 

Representatives and direct Taxes shall be apportioned among the 
several States which may be included within this Union, according to 
their respective Numbers, which shall be determined by adding to the 
whole Number of Free persons, including those bound to Service for 
a Term of Years, and excluding Indians not taxed, three fifths of all 
other Persons. The actual Enumeration shall be made Avithin three 
Years after the first Meeting of the Congress of the United States, 
and Avithin every subsequent Term of ten Years, in such Manner as 
they shall by Law direct. The Number of Representatives shall not 
exceed one for every thirty Thousand, but each State shall have at 
Least one Representative ; and until such enumeration shall be made, 
the State of New Hampshire shall be entitled to chuse three, Massa- 
chusetts eight, Rhode Island and Providence Plantations one, Con- 
necticut five, New York six. New Jersey four, Pennsylvania eight, 
Delaware one, Maryland six, Virginia ten, North Carolina five. South 
Carolina five, and Georgia three. 

When vacancies happen in the Representation from any State, the 
Executive Authority thereof shall issue Writs of Election to fill sucli 
Vacancies. 

oThe Constitution of the United States of America, with the amendments. 
Compared with the original in the Department of State. April 13. 1891, and 
found to be correct. Washington : Government Printing Office, 1891. 

A facsimile of the original MS. in Carson's 100th Anniversary of the Pro- 
mulgation of the Constitution of the United States. I. 

19 



20 The Confititution of the Unite4 States of America 

The House of Ke present at ives shall rhuse their Speaker and other 
Officers; and shall have the sole Power of Impeachment. 

SEcmox 3, The Senate of the United States shall l)e composed of 
two Senators from each State, chosen by the Legislature thereof, for 
six Years: and each Senator shall have one Vote. 

Immediately after they shall l>e assembled in Consequence of the 
first Election, they shall l>e divided as equally as may oe into three 
Classes. The seats of the Senators of the first Class shall l)e vacated 
at the Expiration of the second year, of the second Class at the F^xpi- 
ration of the fourth Year, and of the third Class at the PLxpiration of 
the sixth Year, so that one-third may be chosen every second Year; 
and if Vacancies happen by Resignation, or otherwise, during the 
Recess of the legislature of any State, the Executive thereof may 
nuike temporary Appointments until the next Meeting of the I^egis- 
lature, which shall then fill such Vacancies. 

No Person shall Ik' a Senator who shall not have attained to the 
Age of thirty Years, and been nine Years a Citizen of the United 
States, and who shall not, when elected, be an Inhabitant of that 
State for which he shall be chosen. 

The Vice President of the United States shall be President of the 
Senate, but shall have no Vote, unless thev be equally divided. 

The Senate shall chuse their other Ofticers, and also a President 
pro tempore, in the Absence of the Vice President, or when he shall 
exercise the Office of President of the United States. 

The Senate shall have the sole Power to try all Impeachments. 
When sitting for that Purpose, they shall be on Oath or Affirmation. 
When the President of the United States is tried, the Chief Justice 
shall preside: and no Person shall be convicted without the Concur- 
rence of two thirds of the Members present. 

Judgment in Cases of Impeachment shall not extend further than 
to removal from Office, and disqualification to hold and enjoy any 
Office of honor, Trust or Profit under the United States: but the 
Partv convicted shall nevertheless be liable and subject to Indictment, 
Trial, Judgment and Punishment, according to Law. 

Sectiox 4. The Times, Places and manner of holding Elections for 
Senators and Representatives, shall be prescribed in each State by the 
Legislature thereof; but the Congress may at any time by Law make 
or alter such Regulations, except as to the Places of chusing Senators. 

The Congress shall assemble at least once in every Year, and such 
Meeting shall be on the first Monday in December, unless they shall by 
I^w appoint a different Day. 

Section 5. Each House shall be the Judge of the Elections, 
Returns and Qualifications of its own Members, and a Majority of 
each shall constitute a Quorum to do Business; but a smaller Xum- 
l>er may adjourn from day to day. and may be authorized to compel 
the Attendance of absent Members, in such Manner, and under such 
Penalties as each House may provide. 

Each House may determine the Rules of its Proceedings, punish its 
Members for disorderly Behaviour, and. with the Concurrence of two 
1 birds, expel a Member. 

Each House shall keep a Journal of its Proceedings, and from time 
to time publish the same, excepting such Parts as may in their Judg- 
ment require Secrei'v; and the Yeas and Nays of the Members of 



The Constitution of the United States of America 21 

either House on any question shall, at the desire of one fifth of those ' 
Present, be entered on the Journal. 

Neither House, during the Session of Congress, shall, without the 
Consent of the other, adjourn for more than three days, nor to any 
other Place than that in which the two Houses shall be sitting. 

Section G. The Senators and Kepresentatives shall receive a Com- 
pensation for their Services, to be ascertained by Law, and paid out 
of the Treasur}'^ of the United States. They shall in all Cases, except 
Treason, Felony and Breach of the Peace, be privileged from Arrest 
during their Attendance at the Session of their respective Houses, 
and in going to and returning from the same ; and for any Speech or 
Debate in either House, they shall not be questioned in any other 
Place. 

No Senator or Representative shall, during the Time for which ho 
was elected, be appointed to any civil Office under the Authority of 
the United States, which shall have been created, or the Emoluments 
whereof shall have been encreased during such time; and no Person 
holding any Office under the United States, shall be a Member of 
either House during his Continuance in Office. 

Section 7. All Bills for raising Revenue shall originate in the 
House of Representatives; but the Senate may propose or concur 
with Amendments as on other Bills. 

Every Bill which shall have passed the House of Representatives 
and the Senate, shall, before it become a Law, be presented to the 
President of the United States; If he approve he shall sign it, but 
if not he shall return it, Avith his Objections to that House in which 
it shall have originated, who shall enter the Objections at large on 
their Journal, and proceed to reconsider it. If after such Recon- 
sideration two thirds of that House shall agree to pass the Bill, it 
shall be sent, together with the Objections, to the other House, by 
which it shall likewise be reconsidered, and if approved by two 
thirds of that House, it shall become a Law. But in all such Cases 
the Votes of both Houses shall be determined by yeas and Nays, and 
the Names of the Persons voting for and against the Bill shall be 
entered on the Journal of each House respectively. If anj^ Bill 
shall not be returned by the President within ten 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 Congress 
by their Adjournment prevent its Return, in which Case it shall not 
1)6 a Law. 

Every Order, Resolution, or Vote to Avhich the Concurrence of the 
Senate and House of Representatives may be necessary (except on 
a question of Adjournment) shall be presented to the President of 
the United States; and before the Same shall take Effect, shall be 
approved by him, or being disapproved by him, shall be repassed by 
two thirds of the Senate and House of Representatives, according to 
the Rules and Limitations prescribed in the Case of a Bill. 

Section 8. The Congress shall have Power to lay and collect Taxes. 
Duties, Imposts and Excises, to pay the Debts and provide for the 
common Defence and general Welfare of the United States; but all 
Duties, Imposts and Excises shall be uniform throughout the United 
States ; 

To borrow Money on the credit of the United States ; 



22 The Constitution of the United Sfatesi of America 

To regulate Commerce with foreign Nations, and among the several 
States, and with the Indian Tribes; 

To establish an uuifonn Rule of Naturalization, and uniform Laws 
on the subject of Bankruptcies throughout the United States; 

To coin Money, regulate the Value thereof, and of foreign Coin, 
and fix the Standard of Weights and Measures: 

To provide for the Punishment of counterfeiting the Securities and 
current Coin of tlie United States; 

To establish Post Offices and post Roads; 

To promote the Progress of Science and useful Arts, by securing 
for limited Times to Authors and Inventors the exclusive Right to 
their respective Wiitings and Discoveries; 

To constitute Tribunals inferior to the supreme Court; 

To define and punish Piracies and Felonies committed on the high 
Seas, and Offences against the Law of Nations; 

To declare War, grant Letters of Marque and Reprisal, and make 
Rules concerning Captures on Land and Water; 

To raise and support Armies, but no Appropriation of Money to 
that Use shall be for a longer Term than two Years; 

To provide and maintain a Navy; 

To make Rules for the (iovernment and Regulation of the land and 
naval Forces; 

To provide for calling forth the Militia to execute the Laws of the 
Union, suppress Insurrections and repel Invasions; 

To provide for organizing, arming, and disciplining, the Militia, 
and for governing such Part of them as nuiy be employed in the 
Service of the United States, reserving to the States respectively, the 
Appointment of the Officers, and the Authority of training the 
Mditia according to the discipline prescribed by Congress; 

To exercise exclusive Legislation in all Cases whatsoever, over such 
District (not exceeding ten Miles square) as may, by Cession of par- 
ticular States, and the Acceptance of Congi-ess, become the Seat of 
the Government of the United States, and to exercise like Authority 
over all Places purchased by the Consent of the legislature of the 
State in which the Same shall be, for the Erection of Forts, Maga- 
zines, Arsenals, dock- Yards, and other needful Buildings; — And 

To make all Laws which shall be necessary and proper for carrying 
into Execution the foregoing PoAvers, and all other I*owers vested by 
this Constitution in the Government of the United States, or in any 
Department or Officer thereof. 

Section 0. The Migration or Importation of such Persons as any 
of the States now existing shall think proper to admit, shall not be 
prohibited by the Congress prior to the Year one thousand eight hun- 
dred and eight, but a Tax or duty mav be imposed on such Importa- 
tion, not exceeding ten dollars for eacli Person. 

The Privilege of the Writ of Habeas Corpus shall not be sus- 
pended, unless when in Cases- of Rebellion or Invasion the public 
Safety may require it. 

No Bill of Attainder or ex post facto Law shall be passed. 

No Capitation, or other direct, tax shall be laid, unless in Propor- 
tion to the Census or Enumeration herein before directed to be taken. 

No Tax or Duty shall be laid on Articles exported from anj' State. 

No Preference shall be given by any Regulation of Commerce or 
Revenue to the Ports of one State over those of another: nor shall 



The (Constitution of the United States of America 23 

Vessels bound to, or from, one State, be obliged to enter, clear, or 
pay Duties in another, 

No Money shall be drawn from the Treasury, but in Consequence 
of Appropriations made by Law; and a regular Statement and Ac- 
count of the Receipts and Expenditures of all public Money shall 
be published from time to time. 

Xo Title of Nobility shall be granted by the United States: And 
no Person holding any Office of Profit or Trust under them, shall, 
without the Consent of the Congress, accept of any present. Emolu- 
ment, Office, or Title, of any kind whatever, from any King, Prince, 
or foreign State. 

Section 10. No State shall enter into any Treaty, Alliance, or Con- 
federation ; grant Letters of Marque and Reprisal ; coin Money ; emit 
Bills of Credit; make any Thing but gold and silver Coin a Tender 
in Payment of Debts ; pass any Bill of Attainder, ex post facto Law, 
or LaAv impairing the Obligation of Contracts, or grant any Title 
of Nobility. 

No State shall, without the Consent of the Congress, lay any 
Imposts or Duties on Imports or Exports, except what may be abso- 
lutely necessary for executing it's inspection LaAvs: and the net 
Produce of all Duties and Imposts, laid by any State on Imports or 
Exports, shall be for the Use of the Treasury of the United States; 
and all such Laws shall be subject to the Revision and Controul of 
the Congress. 

No State shall, without the Consent of Congress, lay any Duty of 
Tonnage, keep Troops, or Ships of War in time of Peace, enter into 
any Agreement or Compact with another State, or with a foreign 
Power, or engage in AVar, unless actually invaded, or in such immi- 
nent Danger as will not admit of delay. 

Article II 

Section 1. The executive Power shall be vested in a President of 
the United States of America. He shall hold his Office during the 
Term of four Years, and, together with the Vice President, chosen for 
the same Term, be elected, as follows 

Each State shall appoint, in such Manner as the Legislature thereof 
may direct, a Number of Electors, equal to the whole Number of 
Senators and Representatives to which the State may be entitled in 
the Congress: but no Senator or Representative, or Person holding 
an Office of Trust or Profit under the United States, shall be 
appointed an Elector. 

The Electors shall meet in their respective States, and vote by 
Ballot for two Persons, of whom one at least shall not be an Inhabi- 
tant of the same State with themselves. And they shall make a List 
of all the Persons voted for, and of the Number of Votes for each; 
which List they shall sign and certify, and transmit sealed to the Seat 
of the Government of tlie United States, directed to the President of 
the Senate. The President of the Senate shall, in the 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 shall be the President, if such Number be a Majority 
of the whole Number of Electors appointed; and if there be more 
than one who have such Majority, and have an equal Number of 



24 The Constitutimi of the United States of America 

Votes, then the House of Representatives shall iniinediately chuse. by 
Ballot one of them for President; and if no Person have a Majority, 
then from the five highest on the List, the said House shall in like 
manner chuse the President. But in chusing the President, the 
Votes shall l)e taken by States, the Representation from each State 
having one vote; A quorum for this Purpose shall consist of a Mem- 
l)er or Meml)ers froui two thirds of the States, and a Majority of 
all the States shall 1h' necessary to a Choice. In every Case, after 
the Choice of the President, the Person having the greatest Numb<n- 
of Votes of the Electors shall be the Vice President. But if there 
should remain two or more who have efjual A'^otes, the Senate shall 
chuse from them by Ballot the Vice-President. 

The Congress may determine the Time of chusing the Electors, 
and the Day on which they shall give their Votes; which Day shall be 
the same throughout the United States. 

No person except a natural born Citizen, or a Citizen of the United 
States, at the time of the Adoption of this Constitution, shall l)e 
eligible to the Office of President; neither shall any Person be eligible 
to that office who shall not have attained to the Age of thirty five 
Years, and been fourteen Years a Resident within the United States. 

In Case of the Removal of the President from Office, or of his 
Death, Resignation or Inability to discharge the Powers and Duties 
of the said Office, the Same shall devolve on the Vice President, and 
the Congress may by Law provide for the Case of Removal. Death, 
Resignation or Inability, both of the President and Vice President, 
declaring what Officer shall then act as President, and such Officer 
shall act accordingly, until the Disability be removed, or a President 
shall be elected. 

The President shall, at stated Times, receive for his Services, a 
Compensation, which shall neither be encreased nor diminished dur- 
ing the Period for which he shall have been elected, and he shall not 
receive within that Period any other Emolument from the United 
States, or any of them. 

Before he enter on the Execution of his Office, he shall take the 
following Oath or Affirmation: — "I do solemnly swear (or affirm) 
that I will faithfully execute the Office of President of the United 
States, and will to the best of my Ability, preserve, jirotect and 
defend the Constitution of the United States.'' 

Section 2. The President shall Ix^ Commander in Chief of the 
Army and Navy of the United States, and of the Militia of the several 
States, when called into the actual Service of the -United States ; he 
may require the Opinion, in writing, of the principal Officer in each 
of the executive Departments, upon any Subject relating to the 
Duties of their respective Offices, and he shall have Power to grant 
Reprieves and Pardons for Offences against the United States, except 
in Cases of Impeachment. 

He shall have Power, by and Avith the Advice and Consent of the 
Senate, to make Treaties, provided two thirds of the Senators present 
concur; and he shall nominate, and by and with the Advice and 
Consent of the Senate, shall appoint Ambassadors, other public Min- 
isters and Consuls, Judges of tne suj^reme Court, and all other Offi- 
cers of the United States, whose Appointments are not herein other- 
wise provided for, and which shall be established by Law: but the 



The Constitution of the United States of America 25 

Congress may by Law vest the Appointment of such inferior, Offi- 
cers, as they think proper, in the President alone, in the Courts of 
Law, or in the Heads of Departments. 

The President shall have Power to fill up all Vacancies that may 
happen during the Recess of the Senate, by granting Commissions 
which shall expire at the End of their next session. 

Section 3. He shall from time to time give to the Congress Infor- 
mation of the State of the Union, and recommend to their Considera- 
tion such Measures as he shall judge necessary and expedient; he 
may, on extraordinary Occasions, convene both Houses, or either of 
them, and in Case oi Disagreement between them, with Respect to 
the time of Adjournment, he may adjourn them to such Time as he 
shall think proper; he shall receive Ambassadors and other public 
Ministers; he shall take Care that the Laws be faithfully executed, 
and shall commission all the Officers of the United States. 

Section 4. The President, Vice President, and all civil Officers of 
the United States, shall be removed from Office on Impeachment for, 
and Conviction of, Treason, Bribery, or other high Crjmes and 
Misdemeanors. 

Article III 

Section 1. The judicial Power of the United States, shall be vested 
in one supreme Court, and in such inferior Courts as the Congress 
may from time to time ordain and establish. The Judges, both of 
the supreme and inferior Courts, shall hold their Offices during good 
Behaviour, and shall, at stated Times, receive for their Services, a 
Compensation, Avhich shall not be diminished during their Continu- 
ance in Office. 

Section 2. The judicial Power shall extend to all Cases, in Law 
and Equity, arising under this Constitution, the Laws of the United 
States, and Treaties made, or which shall be made, under their 
Authority; — to all Cases affecting Ambassadors, other public Min- 
isters and Consuls; — to all Cases of admiralty and maritime Juris- 
diction; — to Controversies to which the United States shall be a 
Party; — to Controversies between two or more States; — between a 
State and Citizens of another State; — between Citizens of different 
States, — between Citizens of the same State claiming Lands under 
Grants of different States, and between a State, or the Citizens 
thereof, and foreign States, Citizens or Subjects. 

In all Cases affecting Ambassadors, other public Ministers and 
Consuls, and those in which a State shall be Party, the supreme 
Court shall have original Jurisdiction. In all the other Cases before 
mentioned, the supreme Court shall have appellate Jurisdiction, both 
as to Law and Fact, with such Exceptions, and under such Regula- 
tions as the Congress shall make. 

The Trial of all Crimes, excej^t in Cases of Impeachment, shall 
be by Jury ; and such Trial shall be held in the State where the said 
Crimes shall have been committed; but when not committed within 
any State, the Trial shall be at such Place or Places as the Congress 
may by Law have directed. 

Section 3. Treason against the United States, shall consist only 
in levying War against them, or in adhering to their Enemies, giving 



26 The Constitution of the United States of America 

them Aid and Comfort. No Person shall be convicted of Treason 
unless on the Testimony of two Witnesses to the same overt Act, or 
on Confession in open Court. 

The Coniyn'ess shall have Power to declare the Punishment of 
Treason, but no Attainder of Treason sliall work (^orr\iption of 
Blood, or Forfeiture except during the Life of the Person attained. 

Article IV 

Section 1. Full Faith and Credit shall be given in each State to 
the public Acts, Records, and judicial Proceedings of every other 
State. And the Congress may by general Laws prescribe the Manner 
in which such Acts, Records and Proceedings shall be proved, and the 
Effect thereof. 

Section 2. The Citizens of each State shall be entitled to all Priv- 
ileges and Immunities of Citizens in the several States. 

A person charged in any State with Treason, Felony, or other 
Crime, who shall flee from Justice, and be found in another State, 
shall on Demand of the executive Authority of the State from which 
he fled, be delivered up to be removed to the State having Jurisdiction 
of the Crime. 

No person held to Service or Labour in one State, under the Laws 
thereof, escaping into another, shall, in Consequence of any Law or 
Regulation therein, be discharged from such Service or Labour, but 
shall l)e delivered up on Claim of the Party to whom such Service or 
Labour may be due. 

Section 3. New States may be admitted by the Congress into this 
Union; but no new State shall be formed or erected within the 
Jurisdiction of any other State; nor any State be formed by the Junc- 
tion of two or more States, or Parts of States, without the Consent of 
the Legislatures of the States concerned as well as of the Congress. 

The Congress shall have Power to dispose of and make all needful 
Rules and Regulations respecting the Territory or other Property 
belonging to the United States; and nothing in this Constitution shall 
be so construed as to Prejudice any Claims of the United States, or of 
any particular State. 

Section 4. The United States shall guarantee to every State in this 
Union a Republican Form of Government, and shall protect each of 
them against Invasion ; and on Application of the Legislature, or of 
the Executive (when the Legislature cannot be convened) against 
domestic Violence. 

Article V 

The Congress, whenever two thirds of both Houses shall deem it 
necessary, shall propose amendments to this Constitution, or, on the 
Application of the Legislatures of two thirds of the several States, 
shall call a Convention for proposing Amendments, which, in either 
Case, shall l)e valid to all Intents and Purposes, as Part of this Con- 
stitution, when ratified by the Legislatures of three fourths of the sev- 
eral States, or by Conventions in three fourths thereof, as the one or 
the other Mode of Ratification may be proposed by the Congress; 
Provided that no Amendment which may be made prior to the Year 



The Constitution of the United States of America 27 

One thousand eight hundred and eight shall in any Manner affect 
the first and fourth Clauses in the Ninth Section of the first Article ; 
and that no State, without its Consent, shall be deprived of its equal 
Suffrage in the Senate. 

Article VI 

All Debts contracted and Engagements entered into, before the 
Adoption of this Constitution, shall be as valid against the United 
States under this Constitution, as under the Confederation. 

This Constitution, and the Laws of the United States which shall 
be made in Pursuance thereof: and all Treaties made, or which shall 
be made, under the Authority of the United States, shall be the su- 
preme Law of the Land; and the Judges in every State shall be 
bound thereby, any Thing in the Constitution or Laws of any State 
to the Contrary notwithstanding. 

The Senators and Representatives before mentioned, and the Mem- 
bers of the several State Legislatures, and all executive and judicial 
Officers, both of the United States and of the several States, shall be 
bound by Oath or Affirmation, to support this Constitution ; but no 
religious Test shall ever be required as a Qualification to any Office 
or public Trust under the United States. 

Article VII 

The Ratification of the Conventions of nine States, shall be suffi- 
cient for the Establishment of this Constitution between the States 
so ratifying the Same. 

The Word, " the", being in- 
terlined between the Seventh 
and eighth Lines of the first 

bemg partly written on In DoNE In Convention by the Unanimous Con- 
ofTh"e'flr"t|ag|"The%o^^^ ^^nt of the States present^ the Seventeenth 
"is tried" being interlined be- Day of September in the Year of our Lord 

tween the thirtv second and 'j.i i ujj j tt<* i.^. 

thirty third Lines of the first One thousand sevcn hundred and Eighty seven 
>^riSlk\^rbet;;eef the and of the Independance of the United 
forty third and forty fourth States ot America the Twelfth 111 Witness 

Lines of the second Page. i j? \\r i > , u -i j 

[Note by PRixTER.-The whercoT We havc hereunto subscribed our 



interlined and rewritten 
words, mentioned in the 
above explanation, are in 
this edition, printed in their 
proper places in the text.] 



Names, 



(t^ : Washington — Presidt. 

and deputy from Virginia 



Attest WiLLL\:\i Jackson Seeretari/ 

-XT ir 7-1 John Langdox ) 
^ \ Nicholas Gilman ) 

-1/ / ,, i Nathaniel (torham 

\ RuFus King 

Connecticut * ^^^'- ^^^^^- '^<^»NSON 

( Roger Sherman 

Mew Yorh . . . Alexander Hamilton 



28 The Constitution of the United States of America 



]Seu'> 'Jt't'He;/ 



Peniufyl/va/ni^i 



Deluirare 

Maryland 
Virginiii 
North Carolina 

South Carolina 
Georgia 



"WiL : Livingston 
David Brearley. 
Wm. Paterson. 
Jona: Dayton 

B Franklin 
Thomas Miffun 
RoBT. Morris 
Geo. Clymer 
Thos. Fitz Simons 
Jared Inoersoll 
James Wilson 
Gouv Morris 

Geo: Keai> 

Gunning Bedford jun 
\ John Dickinson 
I Richard Bassett 
[Jaco: Broom 

[James McHenry 

-J Dan of St Thoh. Jemfeu 

[Danl Carroll 



]•: 



John Blair — 
James Madison Jr. 



1 Wm: Blount 
-I Richd. Dobbs Spaight. 
[Hu Williamson 

I J. Rutledge, 

j Charles Pinckney, 

I Charles Cotesworth Pinckney, 

[Pierce Butler. 

j William Few, 
I Abr. Baldwin. 



Attest: 



WiLLiA3i Jackson, Secretary. 



AMENDMENTS 

ARTICLES IN ADDITION TO, AND AMENDMENT OF, THE CONSTI- 
TUTION OF THE UNITED STATES OF AMERICA 

Proposed by Congress, and Ratified by the Legislatures of tbe Several 
States Pursuant to the Fifth Article of the Original Constitution 

[Article I] 

Congress shall make no law respecting an establishment of religion, 
or prohibiting the free exercise thereof ; or abridging the freedom of 
speech, or of the press ; or the right of the people peaceably to assem- 
ble, and to petition the Government for a redress of grievances. 

[Article II] 

A well regulated Militia, being necessary to the security of a free 
State, the right of the people to keep and bear Arms, shall not be 
infringed. 

[Article III] 

No Soldier shall, in time of peace, be quartered in any house, with- 
out the consent of the Owner, nor in time of war, but in a manner to 
be prescribed by law. 

[Article IV] 

The right of the people to be secure in their persons, houses, papers, 
and effects, against unreasonable searches and seizures, shall not be 
violated, and no Warrants shall issue, but upon probable cause, sup- 
ported by Oath or affirmation, and particularly describing the place 
to be searched, and the persons or things to be seized. 

[Article V] 

No person shall be held to answer for a capital, or otherwise in- 
fiamous crime, unless on a presentment or indictment of a Grand 
Jury, except in cases arising in the land or naval forces, or in the 
Militia, when in actual service in time of War or public danger; 
nor shall any person be subject for the same offence to be twice put 
in jeopardy of life or limb; nor shall be compelled in any Criminal 
Case to be a witness against himself, nor be deprived of life, liberty, 
or property, without due process of law; nor shall private property 
be taken for public use, without just compensation. 

[Article VI] 

In all criminal prosecutions, the accused shall enjoy the right to a 
speedy and public trial, by an impartial jury of the State and district 

7251— VOL 1—07 5 29 



30 Amendments 

wherein the crime shall have been committed, which district shall 
have been previouslv ascertained by law, and to be informed of the 
nature and cause of the accusation; to be confronted with the wit- 
nesses against him; to have compulsory process for obtaining wit- 
nesses in his favor, and to have the Assistance of Counsel for his 
defence. 

[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] 

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

[Article X] 

The powers not delegated to the United States by the Constitution, 
nor prohibited by it to the States, are reserved to the States respect- 
ively, or to the people. 

[Article XI] 

The Judicial power of the United States shall not be construed to 
extend to any suit in law or e(juity, commenced or prosecuted against 
one of the United States by Citizens of another State, or by Citizens 
or Subjects of any Foreign State. 

[Article XII] 

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 gov- 
ernment 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 or those voted for as Presi- 
dent, the House of Representatives shall choose immediately, by bal- 
lot, the President. But in choosing the President, the votes shall be 



Amendments 31 

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 neces- 
sary 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. The person having the 
greatest number of votes as Vice-President, shall be the Vice-Presi- 
dent, if such number be a majority of the whole number of Electors 
appointed, and if no person have a majority, then from the two high- 
est 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. But no person constitutionally ineligible to 
the office of President shall be eligible to that of Vice-President of the 
United States. 

[Article XIII*] 

Section 1. Neither slavery nor involuntary servitude, except as a 
punishment for crime whereof the party shall have been duly con- 
victed, shall exist within the United States, or any place subject to 
their jurisdiction. 

Section 2. Congress shall have power to enforce this article by 
appropriate legislation. 

[Article XlVf] 

Section 1. All persons born or naturalized in the United States, 
and subject to the jurisdiction thereof, are citizens of the United 
States and of the State wherein they reside. No State shall make or 
enforce any law which shall abridge the privileges or immunities of 
citizens of the United States ; nor shall any State deprive ^ny person 
of life, liberty, or property, without due process of law ; nor deny to 
any person within its jurisdiction the equal protection of the laws. 

Section 2. Representatives shall be apportioned among the several 
States according to their respective numbers, counting the whole num- 
ber of persons in each State, excluding Indians not taxed. But when 
the right to vote at any election for the choice of electors for Presi- 
dent and Vice President of the United States, Representatives in 
Congress, the Executive and Judicial officers of a State, or the mem- 
bers of the Legislature thereof, is denied to any of the male inhabi- 
tants of such State, being twenty-one years of age, and citizens of the 
United States, or in any way abridged, except for participation in 
rebellion, or other crime, the basis of representation therein shall be 
reduced in the proportion which the number of such male citizens 
shall bear to the whole number of male citizens twenty-one years of 
age in such State. 

Section 3. No person shall be a Senator or Representative in Con- 
gress, or elector of President and Vice President, or hold any office, 
civil or military, under the United States, or under any State, who, 
having previously taken an oath, as a member of Congress, or as an 
officer of the United States, or as a member of any State Legislature, 
or as an executive or judicial officer of any State, to support the Con- 
stitution of the United States, shall have engaged in insurrection or 



32 Amendments 

rebellion against the same, or given aid or comfort to the enemies 
thereof. But Congress may by a vote of two-thirds of each House, 
remove such disability. 

Section 4. The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment of pensions 
and bounties for services in suppressing insurrection or rebellion, 
shall not be questioned. But neither the United States nor anv State 
shall assume or pay anj^ debt or obligation incurred in aid of insur- 
rection or rebellion against the United States, or any claim for the 
loss or emancipation of any slave; but all such debts, obligations and 
claims shall be held illegal and void. 

Section 5. The Congress shall have power to enforce, by appro- 
priate legislation, the provisions of this article.* 

RATIFICATION OF THE CONSTITUTION * 

The Constitution was adopted by a Convention of the States Sep- 
tember 17, 1787, and was subsequently ratified by the several States, 
in the following order, viz. : 

Delaware, December 7, 1787. 
Pennsylvania, December 12, 1787. 
New Jersey, December 18, 1787. 
Georgia, January 2, 1788. 
Connecticut, January 9, 1788. 
Massachusetts, February 6, 1788. 
Maryland, April 28, 1788. 
South Carolina, May 23, 1788. 
New Hampshire, June 21, 1788. 
Virginia, June 26, 1788. 
New York, July 26, 1788. 
North Carolina, November 21. 1789. 
Rhode Island, May 29, 1790. 

The State of Vermont, by convention, ratified the Constitution on 
the 10th of January, 1791, and was, by an act of Congress of the 18th 
of February, 1791, " received and admitted into this Union as a new 
and entire member of the United States of America." 

EATIFICATIONS OF THE AMENDMENTS TO THE CONSTITUTION 

The first ten articles of amendment (with two others which were 
not ratified by the requisite number of States) were submitted to the 
several State Legislatures by a resolution of Congress which passed 
on the 25th of September, 1789, at the first session of the First Con- 
gress, and were ratified by the Legislatures of the following States : 

New Jersey, November 20, 1789. 
Maryland, December 19, 1789. 
North Carolina, December 22, 1789. 
South Carolina, January 19, 1790. 
New Hampshire, January 25, 1790. 
Delaware, January 28, 1790. 
Pennsylvania, March lO, 1790. 
New York, March 27, 1790. 
Rhode Island, June 15, 1790. 



Amendments 33 

Vermont, November 3, 1791. 
Virginia, December 15, 1791. 

The acts of the Legislatures of the States ratifying these amend- 
ments were transmitted by the governors to the President, and by 
him communicated to Congress. The Legislatures of Massachusetts, 
Connecticut, and Georgia, do not appear by the record to have ratified 
them. 

The eleventh article was submitted to the Legislatures of the 
several States by a resolution of Congress passed on the 5th of March, 
1794, at the first session of the Third Congress; and on the 8th oi 
January, 1798, at the second session of the Fifth Congress, it was 
declared by the President, in a message to the two Houses of Congress, 
to have been adopted by the Legislatures of three-fourths of the 
States, there being at that time sixteen States in the Union. 

The twelfth article was submitted to the Legislatures of the several 
States, there being then seventeen States, by a resolution of Congress 
passed on the 12th of December, 1803, at the first session of the 
Eighth Congress; and was ratified by the Legislatures of three- 
fourths of the States, in 1804, according to a proclamation of the 
Secretary of State dated the 25th of September, 1804. 

The thirteenth article was submitted to the Legislatures of the 
several States, there being then thirty-six States, b}'^ a resolution of 
Congress passed on the 1st of February, 1865, at the second session, 
of the Thirty-eighth Congress, and was ratified, according to a proc- 
lamation of the Secretary of State dated December 18, 1865, by the 
Legidatures of the following States : 

Illinois, February 1, 1865. 
Rhode Island, February 2, 1865. 
Michigan, February 2, 1865. 
Maryland, February 3, 1865. 
New York, February 3, 1865. 
West Virginia, February 3, 1865. 
Maine, February 7, 1865. 
Kansas, February 7, 1865. 
Massachusetts, February 8, 1865. 
Pennsylvania, February 8, 1865. 
Virginia, February 9, 1865. 
Ohio, February 10, 1865. 
Missouri, February 10, 1865. 
Indiana, February 16, 1865. 
Nevada, February 16, 1865. 
Louisiana, February 17, 1865. 
Minnesota, February 23, 1865. 
Wisconsin, March, 1, 1865. 
Vermont, March 9, 1865. 
Tennessee, April 7, 1865, 
Arkansas, April 20, 1865. 
Connecticut, May 5, 1865. 
New Hampshire, July 1, 1865. 
South Carolina, November 13, 1865. 
Alabama, December 2, 1865. 
North Carolina, December 4, 1865. 
Georgia, December 9, 1865. 



34 Amendments 

The following States not enumerated in the proclamation of the 
Secretary of State also ratified this amendment: 

Oregon, December 11, 1865. 
California, December 20, 1865. 
Florida, December 28, 1865. 
New Jersey, January 23, 1866. 
Iowa, January 24, 1866. 
Texas, February 18, 1870. 

Mississippi rejected the amendment December 4, 1865; Kentucky, 
February 22, 1865; Delaware, P^ebruary 7, 1867; Maryland, March 
23,1867. 

The fourteenth article was submitted to the Legislatures of the sev- 
eral States, there being then thirty-seven States, by a resolution of 
Congress passed on the 16th of June, 1866, at the first session of the 
Thirty-ninth Congress; and was ratified, according to proclamation 
of the Secretary of State dated July 28, 1868, by the I^egislatures of 
the following States : 

Connecticut, June 30, 1866. 
New Hampshire, July 7, 1866. 
Tennessee, July 19, 1866. 
New Jersey, September 11, 1866." 
Oregon, September 19, 1866.6 
Vermont, November 9, 1866. 
New York, January 10, 1867. 
Ohio, January 11, 1867.'^ 
Illinois, January 15, 1867. 
West Virginia, January 16, 1867. 
Kansas, January 18, 1867. 
Maine, January 19, 1867. 
Nevada, January 22, 1867. 
Missouri, January 26, 1867. 
Indiana, January 29, 1867. 
Minnesota, February 1, 1867. 
Rhode Island, February 7, 1867. 
Wisconsin, February 13, 1867. 
Pennsylvania, February 13, 1867. 
Michigan, February 15, 1867. 
Massachusetts, March 20, 1867. 
Nebraska, June 15, 1867. 
Iowa, April 3, 1868! 
Arkansas, April 6, 1868, 
Florida, June 9, 1868! 
North Carolina, July 4, 1868. 
Louisiana, July 9, 1868. 
South Carolina, July 9, 1868. 
Alabama, July 13, 1868. 
Georgia, July 21, 1868. 

"New Jersey withdrew her consent to the ratification in April, 1868. 
6 Oregon withdrew her consent to the ratification October 15, 1868. 
c Ohio withdrew her consent to the ratification in January, 1868. 



Amendments 35 

The State of Virginia " ratified this amendment on the 8th of Octo- 
ber, 1869; Mississippi, January 17, 1870; Texas, February 18, 1870, 
subsequent to the date of the proclamation of the Secretary of State. 

The States of Delaware, Maryland, and Kentucky rejected the 
amendment. 

The fifteenth article was submitted to the Legislatures of the several 
States, there being then thirty-seven States, by a resolution of Con- 
gress passed on the 27th of February, 1869, at the first session of the 
Forty-first Congress; and was ratified, according to a proclamation 
of the Secretary of State dated March 30, 1870, by the Legislatures of 
the following States: 

Nevada, March 1, 1869. 
West Virginia, March 3, 1869. 
North Carolina, March 5, 1869. 
Louisiana, March 5, 1869. 
Illinois, March 5, 1869. 
Michigan, March 8, 1869. 
Wisconsin, March 9, 1869. 
Massachusetts, March 12, 1869. 
Maine, March 12, 1869. 
South Carolina, March 16, 1869. 
Pennsylvania, March 26, 1869. 
Arkansas, March 30, 1869. 
New York, April 14, 1869.'' 
Indiana, May 14, 1869. 
Connecticut, May 19, 1869. 
Florida, June 15, 1869. 
New Hampshire, July 7, 1869. 
Virginia, October 8, 1869. 
Vermont, October 21, 1869. 
Alabama, November 24, 1869. 
Missouri, January 10, 1870. 
Mississippi, January 17, 1870. 
Rhode Island, January 18, 1870. 
Kansas, January 19, 1870. 
Ohio, January 27, 1870.^ 
Georgia, February 2, 1870. 
Iowa, February 3, 1870. 
Nebraska, February 17, 1870. 
Texas, February 18, 1870. 
Minnesota, February 19, 1870. 

The State of New Jersey ratified this amendment on the 21st of 
February, 1871, subsequent to the date of the proclamation of the 
Secretary of State. 

The States of California, Delaware, Kentucky, Maryland, Oregon, 
and Tennessee rejected this amendment. 

a North Carolina, South Carolina, Georgia, and Virginia had previously re- 
jected the amendment. 

& New York withdrew her consent to the ratification January 5, 1870. 
c Ohio had previously rejected the amendment May 4, 1869. 



Commissions, Charters 
and Plans of Union 



1492-1754 



37 



PRIVILEGES AND PREROGATIVES GRANTED BY THEIR 
CATHOLIC MAJESTIES TO CHRISTOPHER COLUMBUS- 
1492* 

Ferdinand and Elizabeth, by the Grace of God, King and Queen of 
Castile, of Leon, of Arragon, of Sicily, of Granada, of Toledo, of 
Valencia, of Galicia, of Majorca, of Minorca, of Sevil, of Sardinia, 
of Jaen, of Algarve, of Algezira, of Gibraltar, of the Canary 
Islands, Count and Countess of Barcelona, Lord and Lady of 

■ Biscay and Molina, Duke and Duchess of Athens and Neopatria, 
Count and Countess of Rousillion and Cerdaigne, Marquess and 
Marchioness of Oristan and Gbciano, &c. 

For as much of you, Christopher Columbus, are going by our com- 
mand, with some of our vessels and men, to discover and subdue 
some Islands and Continent in the ocean, and it is hoped that by 
God's assistance, some of the said Islands and Continent in the ocean 
will be discovered and conquered by your means and conduct, there- 
fore it is but just and reasonable, that since you expose yourself to 
such danger to serve us, you should be rewarded for it. And we 
being willing to honour and favour you for the reasons aforesaid; 
Our will is,^That you, Christopher Columbus, after discovering and 
conquering the said Islands and Continent in the said ocean, or any 
of them, shall be our Admiral of the said Islands and Continent you 
shall so discover and conquer; and that you be our Admiral, Vice- 
Roy, and Governour in them, and that for the future, you may call 
and stile yourself, D. Christopher Columbus, and that your sons and 
successors in the said employment, may call themselves Dons, 
Admirals, Vice-Roys, and Governours of them; and that you may 
exercise the office of Admiral, with the charge of Vice-Roy and 
Governour of the said Islands and Continent, which you and your 
Lieutenants shall conquer, and freely decide all causes, civil and 
criminal, appertaining to the said employment of Admiral, Vice- 
Roy, and Governour, as you shall think fit in justice, and as the 
Admirals of our kingdoms use to do; and that you have power to 
punish offenders ; and you and your Lieutenants exercise the employ- 
ments of Admiral, Vice-Roy, and Governour, in all things belonging 
to the said offices, or any of them ; and that you enjoy the perquisites, 
and salaries belonging to the said employments, and to each of them, 
in the same manner as the High Admiral of our kingdoms does. And 
by this our letter, or a copy of it signed by a Public Notary: We 
command Prince John, our most dearly beloved Son, the Infants, 
Dukes, Prelates, Marquesses, Great Masters and Military Orders, 
Priors, Commendaries, otfr Counsellors, Judges, and other Officers of 

* Hazard's Historical Collections of State Papers, I. 1-6. 

39 



40 Privileges, etc., Granted to Christopher Columhus 

Justice whatsoever, belonging to our Household, Courts, and 
Chancery, and Constables of Castles, Strong Houses, and others ; and 
all Corporations, Bayliffs, Governours, Judges, Commanders, Sea 
Officers; and the Aldermen, Common Council, Officers, and Good 
People of all Cities, Lands, and Places in our Kingdoms and Domin- 
ions, and in those you shall conquer and subdue, and the captains, 
masters, mates, anct other officers and sailors, our natural subjects 
now being, or that shall be for the time to come, and any of them, 
that when you shall have discovered the said Islands and Continent 
in the ocean ; and you, or any that shall have your commission, shall 
have taken the usual oath in such cases, that they for tlve future, look 
upon you as long as you live, and after you, your son and heir, and so 
from one heir to another forever, as our Admiral on our said Ocean, 
and as Vice-Roj^ and Governour of the said Islands and Continent, 
by you, Christopher Columhus^ discovered and conquered ; and that 
they treat you and your Lieutenants, by you appointed, for executing 
the employments of Admiral, Vice-Roj, and (xovernour, as such in 
all respects, and give you all the perquisites and other things belong- 
ing and appertaining to the said offices; and allow, and cause to be 
allowed you, all the honours, graces, concessions, prehaminences, pre- 
rogatives, immunities, and other things, or any of them which are 
due to you, by virtue of your commands of Aamiral, Vice-roy, and 
Governour, and to be observed completely, so that nothing be di- 
minished ; and that they make no objection to this, or any part of it, 
nor suffer it to be made; forasmuch as we from this time forward, by 
this our letter, bestow on you the employments of Admiral, Vice- 
Roy, and perpetual Governour forever ; and we put you into posses- 
sion of the said offices, and of every of them, and fiill power to use and 
exercise them, and to receive the perquisites and salaries belonging to 
them, or any of them, as was said above. Concerning all which things, 
if it be requisite, and you shall desire it. We command our Chan- 
cellour. Notaries, and other Officers, to pass, seal, and deliver to you, 
our Letter of Privilege, in such form and legal manner, as you shall 
require or stand in need of. And that none of them presume to do 
any thing to the contrary, upon pain of our displeasure, and for- 
feiture of 30 ducats for each offence. And we command him, who 
shall show them this our letter, that he summon them to appear 
before us at our Court, where we shall then be, within fifteen days 
after such summons, under the said penalty. Under which same, we 
also command any Public Notary whatsoever, that he give to him 
that shows it him, a certificate imder his seal, that we may know how 
our command is obeyed. 

Given at Granada, on the 30th of April, in the year of our Lord, 
1492.— 

I, The King, I, The Queen. 

By their Majesties Command, 
John Coloma, 

Secretary to the Kirig and Queen. 

Entered according to order. 

Roderick. Doctor. 
Sebastian Dolona, 
Francis de Madrid, 

Councellors. 

Regi?tered 



V 



BULL OF POPE ALEXANDER CONCEDING AMERICA TO 

SPAIN-1493* 

Exemplar Bulle seu Donationis Authoritate cujus, Epsicopus 
Romanus Alexander, ejus nominis Sextus^ concessit et donavit 
Castelle Regihus et suis successoribus, Regiones et Insulas Novi 
Orbis in Oceano occidentali Hispanonim navigationibus repertas. 

Alexander Episcopus^ Servus Servorum Dei^ Charissimo in Christo 
Filio^ Ferdinando Regi, et Charissimce in Christo Filim Elizabeth 
Regince, Gastellce^ Legionis^ Arragonum^ Sicilice, et Granatw, Illus- 
tribus, Salutem et Apostolicam Benedictionem. 

Inter csetera Divinae Majestati bene placita opera et cordis nostri 
desiderabilia, illiid profecto potissimum existit, ut Fides Catholica et 
Christiana Religio nostris prsesertim temporibus exaltetur, ac ubilibet 
amplietur ac dilatetur, animariimque salus procuretur, ac barbarae 
nationes deprimantur et ad Fidem ipsam reducantur. Unde cum 
ad hanc Sacram Petri Sedem Divina favente dementia (meritis licet 
imparibus) evocati fuerimus, cognoscentes vos tanquam vere Catho- 
licos Reges et Principes: Quales semper fiiisse novimus, et a vobis 
prseclare gesta, toti paene orbi notissima demonstrant, nedum id 
exoptare, sed omni conatu, studio, & diligentia, nuUis laboribus, 
nullis impensis, nullisque parcendo periculis, etiam proprium san- 
guinem effundendo efficere, ac omnem animum vestrum, omnesque 
conatus ad hoc jamdudum dedicasse, quem admodum recuperatio 
Regni Granatse a Tyrannide Saracenorum hodiernis temporibus per 
vos, cum tanta Divini nominis gloria facta, testatur. Dime ducimur 
non immerito, et debemus ilia vobis etiam sponte, ac lavorabiliter 
concedere, per quae hujusmodi sanctum ac laudabile ab immortali 
Deo acceptum propositum, indies ferventiori animo ad ipsus Dei 
honorem et Imperii Christiani propagationem, prosequi valeatis. 
Sane accepimus quod vos qui dudum animum proposueratis aliquas 
Insulas et Terras firmas remotas et incognitas, ac per alios hactenus 
non repertas, quaerere et invenire, ut illarum incolas et habitatores 
ad colendum redemptorem nostrum et fidem Catholicam profitendum 
reduceritis, hactenus in expugnatione et recuperatione ipsius, Regni 
Granatae plurimum occupati, hujusmodi sanctum et laudabile propo- 
situm vestrum ad optatum finem perducere nequivistis. Sed tandem 
sicut Domino placuit. Regno praedicto recuperato, volentes deside- 
rium vestrum adimplere, dilectum filium Ghristophorum Colonum, 
virum utique dignum, et plurimum commendatum, ac tanto negotio 
aptum, cum navigiis et hominibus ad similia instructis, non sine 
maximis laboribus, ac periculis, et expensis destinastis ut Terras 

* Hazard's State Papers, I. 3-6. Peter Martyr's Decades (Edition 1555), 
167. 

41 



42 Bull of Pope Alexander Conceding America to Spain 

firmas et Tnsiilas remotas et incognitas, hujusmodi per mare ubi hac- 
tenus navigatum non fuerat, diligenter inquireret. Qui tandem (I)i- 
vino auxilio facta extrema diligentia in mari oceano navigantes) 
cartas Insulas remotissimas, et etiam Terras firmas, qua? per alios 
hactenus reperta? non fuerant, invenerunt. In quibus plurima? gentes 
pacifice viventes, et (ut asseritur) nudi incedentes, nee carnibus ves- 
centes, inhabitant. Et ut prafati nuntii vestri possunt opinari, 

fentes ipsse in insulis, et terris prajdictis habitantes, credunt unum 
>eum Creatorem in Coelis esse, ac ad fidem Catholicam amplexan- 
dum et bonis moribus imbuendum, satis apti videntur: Spesque 
habetur, quod si erudirentur, nomen salvatoris Domini nostri Jesu 
Christi in terris et insulis praedictis facile induceretur. Ac prajfatus 
Christophorus in una ex principalibus insulis praedictis, jam unam 
turrim satis munitam, in qua certos Christianos qui secum iverant, 
in custodiam, et ut alias insulas ac terras firmas remotas et incognitas 
inquirerent, posuit, construi et aedificari fecit. In quibus quidem 
insulis, et terris jam repertis, aurum, aromata, et alia? quamplurimae 
res praetiosa? diversi generis et diversae qualitatis reperiuntur. Unde 
omnibus diligenter, et praesertim fidei Catholicae exaltatione et dila- 
tatione (prout decet Catholicos Reges et Principes) consideratis, more 
progenitorum vestrorum clarae memoriae Re^m, terras firmas et 
msulas praedictas, illarumque incolas et habitatores, vobis Divina 
favente dementia subjicere, et ad fidem Catholicam reducere propo- 
suistis. Nos itaque hujusmodi vestrum sanctum et laudabile propo- 
situm plurimum in Domino commendantes, ac cupientes ut illud ad 
debitum finem perducatur, et ipsum nomen salvatoris nostri in parti- 
bus illis inducatur, hortamur vos quamplurimum in Domino, et per 
sacri lavacri susceptionem, qua mandatis apostolicis obligati estis, 
et per viscera misericordiae Domini nostri Jesu Christi attente re- 
quirimus, ut cum expeditionem hujusmodi omino prosequi et assu- 
mere prona mente orthodoxae fidei zelo intendatis, populos in hujus- 
modi insulis et terris degentes, ad Christianam religionem suscipien- 
dum inducere velitis et debeatis, nee pericula nee labores ullo unquam 
tempore vos. deterreant, firma spe fiduciaque conceptis, quod Deus 
omnipotens conatus vestros foeliciter prosequetur. Et ut tanti negotii 
provinciam apostolicae gratiae largitate donati, liberius et audacius 
assumatis, motu proprio non ad vestram vel alterius pro vobis super 
hoc nobis oblatae petitionis instantiam sed de nostra mera liberalitate, 
et ex certa scientia, ac de apostolicae potestatis plenitudine, omnes 
insulas et terras firmas inventas et inveniendas, detectas et detegendas 
versus occidentem et meridiem, fabricando et construendo unam line- 
am a polo arctico, scilicet septentrione, ed polum antarcticum, scilicet 
meridiem, sive terrae firmae et insulae inventae, et inveniendae, sint 
versus Indiam, aut versus aliam quamcunque partem, quae linea distet 
a qualibet insularum, quae vulgariter nuncupantur de los Azores, et 
Cabo Verde, centum leucis versus occidentem et meridiem. Itaque 
omnes insulae et terrae firmae repertae et reperiendae, detectae et dete- 
gendae, a praefata linea versus occidentem et meridiem, quae per alium 
Regem aut Principem Christianum non fuerint actualiter possessae 
usque ad diem nativitatis Domini nostri Jesu Christi proxime prae- 
teritum, a quo incipit annus praesens millesimus quadringentesimus 
nonagesimus tertius, (juando fuerunt per nuncios et capitaneos vestros 
inventae aliquae praedictarum insularum autoritate omnipotentis Dei 



Bull of Pope Alexander Conceding America to Spain 43 

nobis in beato Petro concessa, ac Vicariatus Jesu Christi qua fungi- 
mur in terris, cum omnibus illarum Dominiis, Civitatibus, Castris, 
Locis, et Villis, juribusque et jurisdictionibus ac pertinentiis universis 
vobis, haeredibusque, et successoribus vestris (Castellse et Legionis 
Regibus) in perpetuum tenore pra^sentium donamus, concedimus et 
assignamus: Vosque, et hseredes ac successores prsefatos illarum 
Dominos, cum plena, libera et omnimoda potestate, autoritate et 
jurisdictione, facimus, constituimus, et deputamus. Decernentes ni- 
hilo minus per hujusmodi donationem, concessionem, et assignationem 
nostram, nullo Christiano Principi, qui actualiter prsefatas insulas 
et terras firmas possederit usque ad prsedictum diem nativitatis 
Domini nostri Jesu Christi jus qusesitum, sublatum intelligi posse, 
aut auferri debere. 

Et insuper mandamus vobis in virtute sanctae obedientise (ut sicut 
pollicemini, et non dubitamus pro vestra maxima devotione et regia 
magnanimitate vos esse facturos) ad terras firmas et insulas prsedic- 
tas, viros probos et Deum timentes, doctos, peritos, et expertos ad 
instruendum incolas et habitatores praefatos in fide Catholica, et 
bonis moribus imbuendum, destinare debeatis, omnem debitam dili- 
gentiam in prsemissis adhibentes. Ac quibuscunque personis, cujus- 
cunque dignitatis, etiam Imperalis et Regalis status, gradus, ordinis 
vel conditionis, sub excommunicationis latae sententise poena quam 
eo ipso, si contra fecerint incurrant, districtus inhibemus ne ad 
insulas et terras firmas inventas et inveniendas, detectas et detegendas, 
versus occidentem et meridiem, fabricando et construendo lineam a 
polo artico ad polum antarcticum, sive terrse firmae et insulae inventae 
et invenienda? sint versus Indiam aut versus aliam quamcunque 
partem, quae linea distet a qualibet insularum, quae, vulgariter nuncu- 
pantur de los Azores et Cabo Verde centum leucis versus occi- 
dentem et meridiem ut praefertur pro mercibus habendis, vel quavis 
alia causa accedere praesumat, absque vestra ac haeredum et succes- 
sorum vestrorum praedictorum licentia speciali : Non obstantibus con- 
stitutionibus et ordinationibus apostolicis, caeterisque quibuscunque, 
in illo in quo imperia et dominationes et bona cuncta procedunt : con- 
fidentes quod dirigente Domino actus vestros, si hujusmodi sanctum 
ac laudabile propositum prosequamini, brevi tempore cum felicitate 
et gloria totius populi Christiani, vestri labores et conatus exitum 
felicissimum consequenter. Verum quia difficile foret praesentes 
literas ad singula quaeque loca in quibus expediens fuerit deferri, vol- 
umus ac motu et scientia similibus decernimus, quod illarum tran- 
sumptis manu publici notraii inde rogati subscriptis, et sigillo 
alicujus personae in ecclesiastica dignitate constituaet, seu curian 
ecclesiasticae munitisj ea prorsus fides in judicio et extra, ac alias 
ubilibet adhibeatur, quae prae^ntibus adhiberetur si essent adhibitae 
vel ostensae. 

Nulli ergo omnino hominum liceat hanc Paginam nostrae com- 
mendationis, hortationis, requisitionis, donationis, concessionis, as- 
signationis, constitutionis, deputationis, decreti, mandati, inhibitionis, 
et voluntatis, infringere, vel ei ausu temerario contra ire. Se quis 
autem hoc attentare praesumpserit, indignationem Omnipotentis Dei, 
ac beatorum Petri et Pauli Apostolorum ejus, se noverit incursurum. 

Datum Romae, apud Sanctum Petrum^ anno incarnationis Domin- 
icae 1493, quarto nonas Mali, Pontificatus nostri anno primo. 



LETTERS PATENT TO JOHN OABOT 

1496, March 5, Letters Patent of King Henry VII 
Pro Johanne Gdboto & Filiis suis super Terra Incognita Investiganda 
Rex omnibus, ad quos &c. Salutem. 

NoTUM SIT ET manifestum quod Dedimus & Concessimus, ac per 
Pra3sentes Damus & Concedimus, pro Nobis & Hseredibus nostris, 
Dilectis Nobis Johanni Cabotto Civi Venetiarum, ac Lodovico^ Se- 
hastiano^ & Sancto^ Filiis dicti Johannis^ & eorum ac cujuslibet eorum 
Ha^redibus & Deputatis, plenam ac liberam Auctoritatem, Facultatem 
& Protestatem Navigandi ad omnes Partes, Regiones, & Sinus Maris 
Orientalis Occidentalis, & Septentrionalis, sub Banneris Vexillis & 
Insigniis nostris, cum Quinque Navibus sive Navigiis, cujuscumque 
Portiturse & Qualitatis existant, & cum tot «& tantis Nautis & Homini- 
bus, quot & quantis in dictis Navibus secum ducre voluerint, suis 
& eorum propriis Sumptibus & Expensis. 

Ad inveniendum, Discooperiendum & Investigandum quascumque 
Insulas, Patrias, Regiones sive Provincias Gentilium & Infidelium, 
in quacumque Parte Mundi prositas, quae Christianis omnibus ante 
haec tempora fuerunt incognitas. 

Concessimus etiam eisdem & eorum cuilibet, eorumque & cujuslibet 
eorum Hseredibus & Deputatis, ac Licentiam dedimus Affigendi prse- 
dictas Banneras nostras & Insignia in quacumque Villa, Oppido, 
Castro, Insula seu Terra firma a se noviter inventis. 

Et quod prsenominati Johannes & Filii ejusdem, seu Hseredes & 
eorum Deputati quibuscumque hujusmodi Villas, Castra, Oppida 
& Insular a se inventas, quae Subjugari, Occupari & Possideri possint, 
Subjugare, Occupare & Possidere valeant, tanquam Vasalli nostri 
& Gubernatores, Locatenentes & Deputati eorumdem. Dominium 
Titulum & Jurisdictionem eorumdem Vallarum, Castrorum, Oppi- 
dorum, Insularum, ac Terra? firmse sic inventarum, Nobis acquirendo ; 

Ita tamen ut ex omnibus Fructubus, Proficuis, Emolumentis Com- 
modis, Lucris & Obventionibus, ex hujusmodi Navigatione proveni- 
entibus, prsefati Johannes & Filii, ac Hseredes & eorum Deputati 
teneantur & sint obligati Nobis, pro omno Viagio suo, totiens quotiens 
ad Portum nostrum Bristollise applicuerint, ad quem omnino appli- 
care teneantur & sint astricti, deductis omnibus Sumptibus & Im- 
pensis necessariis per eosdem f actis, Quintam Partem totius Capitalis 
Lucri sui facti sive in Mercibus sive in Pecuniis persolvere ; 

Dantes Nos & Concendentes eisdem suisque Haeredibus & Depu- 
tatis ut ab omni Solutione Custumarum omnium & singulorum Bono- 
rum ac Mercium, quas secum report arint ab illis Locis sic noviter 
inventis, Liberi sint & Immunes. 

Et insuper Dedimus & Concessimus Eisdem ac suis Haeredibus 
& Deputatis, quod Terrae omnes Firmae, Insulae, Villae, Oppida, 
Castra, & Loca quaecumque, a se inventa, quotquot ab eis inveniri 
7251— VOL 1—07 6 > 45 



46 Letters Patent to John Cabot — :I496. 

continent non possint ab aliis quibusvis nostris Subditis frequentari 
seu visitari, absque Licentia prccdictorum Johannvi & ejus Filiorum, 
suorumque Deputatorum, sub Poena Amissionis tam Navium sive 
Navigiorum quam Bonorum omnium quorumcumque ad ea Loca sic 
inventa Navigare prajsumentium ; 

Volentes & strictissime Mandantes omnibus & singulis nostris Sub- 
ditis, tam in Terra quam in Mare constitutis, ut prcefacto Johanni & 
ejus Filiis ac Deputatis bonam Assistentiam faciant, & tam in 
Armandis Navibus seu Navigiis quam in Provisione Commeatus & 
Victualium pro sua Pecunia emendorum, atque aliarum Rerum sibi 
providendarum, pro dicta Navigatione sumendarum, suos omnes Fa- 
vores & Auxilia impartiantur. 

In cujus &c. 

Teste Rege apud Westmonasterium, quinto die Martii. 

Per ipsum Regem. 
Rymer's Fmdera, Vol. XII., pp. 595, 596. 

Also, H. Harisen, John Cabot the Discoverer of North America, 
p. 313. 

The Letters patents of King Henry the seuenth granted vnto lohn 
Cabot and his three sonnes^ Lewif^ Sebastian, and Sancius for the 
the discouerie of new and vnknowen lands.^ 

HEnry, by the grace of God, king of England and France, and lord 
of Ireland, to all to whom these presents shall come. Greeting. 

Be it knowen that we haue giuen and granted, and by these pres- 
ents do giue and grant for vs and our heires, to our welbeloued lohn 
Cabot citizen of Venice, to Lewis, Sebastian, and Santius, sonnes of 
the sayd lohn, and to the heires of them, and euery of them, and 
their deputies, full and free authority, leaue, and power to saile to 
all parts, countreys, and seas of the East, of the West, and of the 
North, vnder our banners and ensignes, with fine ships of what bur- 
then or quantity soeuer they be, and as many marmers or men as 
they will haue with them in the sayd ships, vpon their owne proper 
costs and charges, to seeke out, discouer, and finde whatsoeuer isles, 
countreys, regions or prouinces of the heathen and infidels whatso- 
euer thej be, and in what part of the world soeuer they be, which be- 
fore this time haue bene vnknowen to all Christians: we haue 
granted to them, and also to euery of them, the heires of them, and 
euery of them, and their deputies, and haue giuen them licence to 
set vp our banners and ensignes in euery village, towne, castle, isle, 
or maine land of them newly found. And that the aforesayd lohn 
and his sonnes, or their heires and assignes may subdue, occupy and 
possesse all such townes, cities, castles and isles of them found, which 
they can subdue, occupy and possesse, as our vassals, and lieutenants, 
getting vnto vs the rule, title, and iurisdiction of the same villages, 
townes, castles, & firme land so found. Yet so that the aforesayd 
lohn, and his sonnes and heires, and their deputies, be holden and 
bounden of all the fruits, profits, gaines, and commodities growing 
of such nauigation, for euery their voyage, as often as they shall 
arriue at our port of Bristoll (at the which port they shall be bound 

♦Richard Hakluyt, Principale Navigations, (1509). 



Letters Patent to John Cabot — 1496 47 

and holden onely to arriue) all maner of necessary costs and charges 
by them made, being deducted, to pay vnto vs in wares or money the 
fift part of the capitall gaine so gotten. We giuing and granting 
vnto them and to their heires and deputies, that they shall be free 
from all paying of customes of all and singular such merchandize as 
they shall be free from all paying of customes of all and singular 
they shall bring with them from those places so newlie found. 

And moreouer, we haue giuen and granted to them, their heires 
and deputies, that all the firme lands, isles, villages, townes, castles 
and places whatsoeuer they be that they shall chance to finde, may 
not of any other of our subjects be frequented or visited without the 
licence of the foresayd lohn and his sonnes, and their deputies, vnder 
payne of forfeiture as well of their ships as of all and singular goods 
of all them that shall presume to saile to those places so found. 
Willing, and most straightly commanding all and singular our sub- 
jects as well on land as on sea, appointed officers, to giue good assist- 
ance to the aforesaid lohn, and his sonnes and deputies, and that as 
well in arming and furnishing their ships or vessels, as in prouision 
of quietnesse, and in buying of victuals for their money, and all other 
things by them to be prouided necessary for the sayd nauigation, they 
do giue them all their helpe and fauour. In witnesse whereof we 
haue caused to be made these our lettres patents. Witnesse our selfe 
at Westminister, the fift day of March, m the eleuenth yeere of our 
reigne. — 

SECOND CABOT PATENT 
BEFEBENCES 

Letters Patent. February 3, 1498. 

Latin text in Harrise, John and Sebastian Cabot. (1896.) pp. 393, 394 

In English — 

Harrise, .Jean and Sebastian Cabot. (Paris, 1882.) pp. 327, 328. 

Biddle, Richard. A Memoir of Sebastian Cabot. (Phila., 1831.) pp. 74, 75. 

Beazley, John and Sebastian Cabot, pp. 95, 96. 



LETTERS PATENT TO SIR HUMFREY GYLBERTE" 

June 11, 1578 

Elizabeth by the grace of God Qiieene of England, 8rc. To all peo- 
ple to whom these presents shall come, greeting. 

Know ye that of our especiall grace, certaine science and meere 
motion, we have given and granted, and by these presents for ns, our 
heires and successours, doe give and graunt to our trustie and wel- 
beloved servaunt Sir Humphrey Gilbert of Compton, in our castle 
of Devonshire Knight, and to his heires and assignes for ever, free 
libertie and licence from time to time, and at all times for ever here- 
after, to discover, finde, search out, and view such remote, heathen 
and barbarous lands, countreys and territories not actually possessed 
of any Christian prince or people, as to him, his heirs *S: assignes, 
and to every or any of them, shall seeme good: and the fame to 
have, hold, occupie and enjoy to him, his heires and assignes for ever, 
with all commodities, iurisdictions, and royalties both by sea and 
land; and the said sir Humfrey and all such as from time to time 
by licence of us, our heiress and successours, shall goe and travell 
thither, to inhabite or remaine there, to build and fortifie at the dis- 
cretion of the sayde Sir Humfrey, and of his heires and assignes, 
the statutes or actes of Parliament made against Fugitives, or against 
such as shall depart, remaine or continue out of our Realme of Eng- 
land without licence, or any other acte, statute, lawe or matter what- 
soever to the contrary in any wise notwithstanding. And Avee doe 
likewise by these presents, for us, our heires and successours, give 
full authoritie and power to the saide Sir Humfrey, his heires and 
assignes, and every of them, that hee and they, and every of any of 
them, shall and may at all and every time and times hereafter, have, 
take and lead in the same voyages, to travell thitherward, and to 
inhabite there with him, and every or any of them, such and so many 
of our subjects as shall wnllingly accompany him and them, and every 
or any of them, with sufficient shipping and furniture for their trans- 
portations, so that none of the same persons, nor any of them be 
such as hereafter shall be specially restrained by us, our heires and 
successors. And further, that he the said Humfrey, his heires and 
assignes, and every or any of them shall have, hold, occupy and 
enjoy to him, his heires and assignes, and every of them for ever, 
all the soyle of all such lands, countries, & territories so to be dis- 
covered or possessed as aforesaid, and of all Cities, Castles, Townes 
and Villages, and places in the same, with the rites, royalties and 

"Text in Sir Flumfrey Gylberte and His Enterprise of Colonization in Amer- 
ica. By Rev. Carlos Shafter. Publications of the Prince Society. (Boston, 
1903.) pp. 95-102. 

49 



50 Letters Patent to Sir Humfrey Gylberte — 1578 

jurisdictions, as well marine as other, within the sayd lands or coun- 
treys of the seas thereunto adjoyning, to be had ot used with ful 
power to dispose thereof, & or every part thereof in fee simple or 
otherwise, according to the order of the laws of England, as near as 
the same conveniently may be, at his, and their will c<t pleasure, to 
any person then being, or that shall remaine within the allegiance 
of us, our heires and successours, paying unto us for all services, 
dueties and demaunds, the fift part of all the oare of gold and silver, 
that from time to time, and at all times after such discoverie, sub- 
duing and possessing shall be there gotten : all which kands, coun- 
treys and territories, shall for ever bee holden by the said Sir Hum- 
frey, his heires and assignes of us, our heires and successors by 
homage, and by the sayd payment of the sayd fift part before 
reserved onely for all services. 

And moreover, we doe by these presents for us, our heires and 
successours, give and graunt licence to the sayde Sir Humfray Gilbert, 
his heires or assignes, and to every of them, that hee and they, and 
every or any of them shall, and may from time to time, and all times 
for ever hereafter, for his and their defence, encounter, expulse, 
repell and resift, as well by Sea as by land, and by all other wayes 
whatsoever, all and every such person and persons whatsoever, as 
without the special licence and liking of the sayd Sir Humfrey, and 
of his heires and assignes, shall attempt to inhabite within the sayd 
countreys, or any of them, or within the space of two hundreth 
leagues nerre to the place or places within such countreys^ as afore- 
sayd, if they shall not bee before planted or inhabited within the 
limites aforesayd, with the subjects of anv Christian prince, being 
amitie with her Majesty, where the said sir Humfrey, his heires or 
assignes, or any of them, or his, or their or any of their associates or 
companies, shall within sixe yeeres next ensuing, make their dwellings 
and abidings, or that shall enterprise or attempt at any time here- 
after unlawfully to annoy either by Sea or land, the said sir Hum- 
frey, his heires or assignes, or any of them, or his, or their, or any of 
their companies: giving and graunting by these presents, further 
power and authorite to the sayd sir Humfrej', his heires and assignes, 
and every of them from time to time, and at all times for ever here- 
after to take and surprise by all maner of meanes whatsoever, all 
and every person and persons, with their shippes, vessels, and other 

foods and furniture, which without the licence of the sayd sir Hum- 
rey, or his heires or. assignes as aforesayd, shall bee found traffiquing 
into any harborough or harboroughs creeke or creekes within the 
limites aforesayde, the subjects of our Realmes and dominions, and 
all other persons in amitie with us, being driven by force of tempest 
or shipwracke onely excepted, and those })ersons and every of them 
with their ships, vessels, goods, and furniture, to detaine and pos- 
sesse, as of good and lawful prize, according to the discretion of him 
the sayd sir Humfre5% his heires and assignes, and of every or any of 
them. And for uniting in more perfect league and amitie of such 
countreys, landes and territories so to bee possessed and inhabited as 
aforesayde, with- our Realmes of England and Ireland, and for the 
better encouragement of men to this enterprise: wee doe by these 
presents graunt, and declare, that all such countreys so hereafter to 
bee possessed and inhabited as aforesayd, from thencefoorth shall 
bee of the allegiance of us, our heires, and successours. And wee 



Letters Patent to Sir Humfrey Gylberte — 1578 51 

doe graunt to the sayd sir Humfrey, his heires and assignes, and to all 
and every of them, and to all and every other person and persons, 
being of our allegiance, whose names shall be noted or entred in 
some of our courts of Record, within this our Realme of England, 
and that with the assent of the said sir Humfrey, his heires or 
assignes, shall nowe in this journey for discoverie, or in the second 
journey for conquest hereafter, travel to such lands, countries and 
territories as aforesaid, and to their and every of their heires: that 
they and every or any of them being either borne within our sayd 
Realmes of England or Ireland, or within any other place within our 
allegiance, and which hereafter shall be inhabiting within any the 
lands, countreys and territories, with such licence as aforesayd, 
shall and may have, and enjoy all the priveleges of free denizens and 
persons native of England, and within our allegiance: any law, 
custome, or usage to the contrary notwithstanding. 

And forasmuch, as upon the finding out, discovering and inhabit- 
ing of such remote lands, countreys and territories, as aforesayd, it 
shall be necessarie for the safetie of all men that shall adventure 
themselves in those journeys or voiages, to determine to live together 
in Christian peace and civil quietnesse each with other, whereby 
every one may with more pleasure and profit, enjoy that whereunto 
they shall attaine with great paine and perill : wee for us, our heires 
and successours are likewise pleased and contented, and by these 
presents doe give and graunt to the sayd sir Humfrey and his heires 
and assignes for ever, that he and they, and every or any of them, 
shall and may, from time to time, for ever hereafter within the sayd 
mentioned remote lands and countreys, and in the way by the Seas 
thither, and from thence, have full and meere power and authoritie 
to correct, punish, pardon, governe and rule by their, and every or 
any of their good discretions and policies, as well in causes capitall 
or criminall, as civill, both marine. and other, all such our subjects 
and others, as shall from time to time hereafter adventure themselves 
in the sayd journeys or voyages habitative or possessive, or that shall 
at any time hereafter inhabite any such lands, countreys or territories 
as aforesayd, or that shall abide within two hundred leagues of any 
sayd place or places, where the sayd sir Humfrey or his heires, or 
assignes, or any of them, or any of his, or their associats or companies, 
shall inhabite within sixe yeers next ensuing the date hereof, 
according to such statutes, lawes and ordinances, as shall be by him 
the said sir Humfrey, his heires and assignes, or every, or any of them, 
devised or established for the better governement of the said people 
as aforesayd: so alwayes that the sayd statutes, lawes and ordinances 
may be as neere as conveniently may, agreeable to the forme of the 
lawes & pollicy of England : and also, that they be not against the true 
Christian faith or religion now professed in the Church of England, 
nor in any wise to withdraw any of the subjects or people of those 
lands or places from the allegiance of us, our heires or successours, 
as their immediate Soveraignes under God. And further we do by 
these presents for us, our heires and successours, give and graunt 
full power and authority to our trustie and well-beloved counsellor, 
sir William Cecill Knight, lord Burleigh, our high treasurer of 
England, and to the lord treasurer of England of us, for the time 
being, and to the privie counsell of us, our heires and successours, or 



52 Letters Patent to Sir Humfrey Gylherte — 1578 

any foure of them, for the time bein^ that he, they, or any foure of 
them, shall, and may from time to time, and at all times hereafter, 
under his or their handes or scales by vertue of these presents, author- 
ize and licence the sayd sir Humfrey Gilbert, his heires and assignes, 
and every or any of them by him and themselves, or by their or any 
of their sufficient atturneys, deputies, officers, ministers, factors and 
servants, to imbarke and transport out of our Realmes of England and 
Ireland, all, or any of his or their goods, and all oi* any of the goods 
or his or their associates and companies, and every or any of them, 
with such other necessaries and commodities of any of our Realmes, 
as to the said lord treasurer or foure of the privie counsell of us, our 
heires, or successours for the time being, as aforesayd, shall be from 
time to time by his or their wisedoms or discretions thought meete 
and convenient for the better reliefe and supportation of him the sayd 
sir Humfrey, his heires and assignes, and every or any of them, and 
his and their, and every or any of their said associates and companies, 
any act, statute, lawe, or other thing to the contrary in any wise not- 
withstanding. 

Provided alwayes, and our will and pleasure is, and wee doe hereby 
declare to all Christian Kings, princes and states, that if the said sir 
Humfrey, his heires or assignes, or any of them, or any other by their 
licence or appointment, shall at any time or times hereafter robbe or 
spoile by Sea or by land, or doe any act of unjust and unlawfull hos- 
tilitie to any of the Subjects of us, our heires, or successours, or any 
of the Subjects of any King, prince, ruler, governour or state being 
then in perfect league and amitie with us, our heires or successours: 
and that upon such injurie, or upon just complaint of any such 
prince, ruler, governour or state, or their subjects, wee, our heires 
or successours shall make open proclamation within any of the portes 
of our Realme of England commodious, that the said Sir Humfrey, 
his heires or assignes, or any other to whom these our Letters patents 
may extend, shall within the terme to be limited by such proclamations, 
make such restitution and satisfaction of all such injuries done, so 
as both we and the said Princes, or others so conrplayning, may holde 
us and themselves fully contented : And if the saide Sir Humfrey, his 
heires and assignes, shall not make or cause to bee made satisfaction 
accordingly, within such time so to be limited; that then it shall 
be lawfull to us, our heires and successours, to put the said Sir Hum- 
frey, his heires and assises, and adherents, and all the inhabitants 
of the said places to be discovered as is aforesaide, or any of them out 
of our allegiance and protection, and that from and after such time 
of putting out of protection the saide Sir Humfrey, and his heires, 
assignes, adherents and others so to be put out, and the said places 
within their habitation, possession and rule, shall be out of our pro- 
tection and allegiance, and free for all princes and others to pursue 
with hostilitie as being not our Subjects, nor by us any way to be 
advowed, maintained or defended, nor to be holden as any of ours, 
nor to our protection, dominion or allegiance any way belonging, 
for that expresse mention, &c. In witnesse whereof, &c. Witnesse 
ourselfe at Westminster the 11, day of June, the twentieth yeere of our 
raigne. Anno Dom. 1578. 

Per ipsam Reginam, ac. 



CHARTER TO SIR WALTER RALEIGH-1584*'' 

Elizabeth by the Grace of God of England, Fraunce and Ireland 
Queene, defender of the faith, &c. To all people to whome these 
presents shall come, greeting. 

Knowe yee that of our especial grace, certaine science, and meere 
motion, we haue given and graunted, and by these presents for us, our 
heires and successors, we giue and graunt to our trustie and welbe- 
loued seruant Walter Ralegh, Esquire, and to his heires assignes 
for euer, free libertie and licence from time to time, and at all times 
for euer hereafter, to discouer, search, finde out, and view such re- 
mote, heathen and barbarous lands, countries, and territories, not 
actually possessed of any Christian Prince, nor inhabited by Chris- 
tian People, as to him, his heires and assignes, and to euery or any of 
them shall seeme good, and the same to haue, holde, occupie and 
enjoy to him, his heires and assignes. for euer, with all prerogatiues, 
commodities, jurisdictions, royalties, priuileges, franchises, and pre- 
heminences, thereto or thereabouts both by sea and land, Avhatsoeuer 
we by our letters patents may graunt, and as we or any of our noble 
progenitors haue heretofore graunted to any person or persons, bodies 
politique .or corporate: and the said Walter Ralegh, his heires and 
assignes, and all such as from time to time, by licence of us, our 
heires and successors, shall goe or trauaile thither to inhabite or re- 
maine, there to build and fortifie, at the discretion of the said 
Walter Ralegh, his heires and assignes, the statutes or acte of Parlia- 
ment made against f ugitiues, or against such as shall depart, remaine 
or continue out of our Realme of England without licence, or any 
other statute, acte, lawe, or any ordinance whatsoeuer to the contrary 
in anywise notwithstanding. 

And we do likewise by these presents, of our especial grace, meere 
motion, and certain knowledge, for us, our heires and successors, 
giue and graunt full authoritie, libertie and power to the said Walter 
Ralegh, his heires and assignes, and euery of them, that he and they, 
and euery or any of them, shall and may at all and euery time, and 
times hereafter, haue, take, and leade in the saide voyage, and 
trauaile thifherward, or to inhabit there with him, or them, and 
euery or any of them, such and so many of our subjects as shall will- 
ingly accompanie him or them, and euery or any of them to whom 
also we doe by these presents, giue full libertie and authority in 
that behalfe, and also to haue, take, and employ, and vse sufficient 
shipping and furniture for the Transportations and Nauigations in 
that behalfe, so that none of the same persons or any of them, be such 
as hereafter shall be restrained by us, our heires, or successors. 

♦Massachusetts Historical Society, Collections, Third Series, VIII, 117. Hak- 
luyt Society Puhlications, 1849. 

«This charter constitutes the first step in the work of English colonization in 
America. Five voyages were made under it, but without success in establishing 
a permanent settlement. 

63 



54 Charter to Sir Walter Raleigh — JI584 

And further that the said Walter Ralegh, his heires and assignes, 
and euer}' of them, shall haue holde, occupie, and enioye to him, his 
heires and assignes, and euery of them for euer, all the soile of all 
such lands, territories, and Countreis, so to bee discouered and pos- 
sessed as aforesaide, and of all such Cities, castles, townes, villages, 
and places in the same, with the ri^ht, royalties, franchises, and iuris- 
dictions, as well marine as other within the saide landes, or Countreis, 
or the seas thereunto adioyning, to be had, or used, with full power 
to dispose thereof, and of euery part in fee-simple or otherwise, ac- 
cording to the order of the lawes of England, as neere as the same 
conueniently may bee, at his, and their will and pleasure, to any per- 
sons then being, or that shall remaine within the allegiance of us, our 
heires, and successors : reseruing always to us our heires, and successors, 
for all seruices, duties, and demaundes, the fift part of all the oare 
of golde and siluer, that from time to time, and at all times after 
such discouerie, subduing and possessing, shal be there gotten and 
obtained : All which landes, Countreis, and territories, shall for euer 
be holden of the said Walter Ralegh, his heires and assignes, of us, 
our heirs and successors, by homage, and by the said paiment of the 
said fift part, reserued onely for all services. 

And moreouer, we doe by these presents, for us, our heires and suc- 
cessors, giue and graunt licence to the said ^^'alter Ralegh, his heirs, 
and assignes, and euery of them, that he, and they, and euery or any 
of them, shall and may from time to time, and at all times for euer 
hereafter, for his and their defence, encounter and expulse, repell and 
resist as well by sea as by lande, and by all other wayes whatsoeuer, 
all, and every such person and persons whatsoeuer, as without the es- 
peciall liking and licence of the saide Walter Ralegh, and of his heires 
and assignes, shall attempt to inhabite within the said Countreis, or 
any of them, or within the space of two hundreth leagues neere to the 
place or places within such Countreis as aforesaide (if they shall not 
Dee before planted or inhabited within the limits as aforesaide with 
the subjects of any Christian Prince being in amitie with us) where 
the saide Walter Ralegh, his heires, or assignes, or any of them, or 
his, or their or any of their associates or company, shall Avithin sixe 
yeeres (next ensuing) make their dwellings or abidings, or that shall 
enterprise or attempt at any time hereafter unlawfully to annoy, 
either by sea or lande, the saide Walter Ralegh, his heirs or assignes, 
or any of them, or his or their, or any of his or their companies: 
giuing, and graunting by these presents rurther power and authoritie, 
to the said Walter Ralegh, his heirs and assignes, and euery of them 
from time to time, and at all times for euer hereafter, to take and sur- 
prise by all maner of meanes whatsoeuer, all and euery those person 
or persons, with their shippes, vessels, and other goods and furniture, 
which without the licence of the saide Walter Ralegh, or his heires, 
or assignes, as aforesaide, shalbe founde trafiquing into any harbour, 
or harbors, creeke, or creekes, within the limits aforesaide, (the sub- 
jects of our Realms and Dominions, and all other persons in amitie 
with us, trading to the Newfound lands for fishing as heretofore they 
haue commonly used, or being driuen by force of a tempest, or ship- 
wracke onely excepted:) and those persons, and euery of them, with 
their shippes, vessels, goods and furniture to deteine and possesse as of 
good and lawfull prize, according to the discretion of him the saide 



Charter to Sir Walter Raleigh — 1584 55 

Walter Ralegh, his lieires, and assignes, and euery, or any of them. 
And for vniting in more perfect league and amitie, of such Countreis, 
landes, and territories so to bee possessed and inhabited as afore- 
saide with our Realmes of Englande, and Ireland, and the better 
incouragement of men to these enterprises: we do by these presents, 
graunt and declare that all such Countreis, so hereafter to be pos- 
sessed and inhabited as is aforesaide, from thencefoorth shall bee of 
the allegiance of vs, our heires and successours. And wee doe graunt 
to the saide Walter Ralegh, his heires, and assignes, and to all, and 
euery of them, and to all and euery other person, and persons being 
of our allegiance, whose names shall be noted or entred in some of our 
Courtes of recorde within our Realme of Englande, that with the as- 
sent of the saide Walter Ralegh, his heires or assignes, shall in his jour- 
neis for discouerie, or in the iourneis for conquest, hereafter traueile to 
such lands, countreis and territories, as aforesaide, and to their, and to 
euery of their heires, that they, and every or any of them, being 
either borne Avithin our saide Realmes of Englande, or Irelande, or in 
any other place within our allegiance, and which hereafter shall be 
inhabiting within any the lands, Countreis, and territories, with such 
licence (as aforesaide) shall and may haue all the priuiledges of free 
Denizens, and persons natiue of England, and within our allegiance 
in such like ample maner and fourme, as if they were borne and per- 
sonally resident within our saide Realme of England, any lawe, cus- 
tome, or vsage to the contrary notwithstanding. 

And for asmuch as upon the finding out, discouering, or inhabiting 
of such remote lands, countreis, and territories as aforesaid, it shal be 
necessary for the safetie of al men, that shal aduenture them selues 
in those iournies or voyages, to determine to Hue together in Christian 
peace, and ciuil quietnes ech with other, whereby euery one may with 
more pleasure and profit enioy that whereunto they shall attains 
with great paine and perill, we for vs, our heires and successors, are 
likewise pleased and contented, and by these presents do giue and 
graunt to the said Walter Ralegh, his heires and assignes for ever, 
that hee and they, and euery or any of them, shall and may from time 
to time for euer hereafter, within the said mentioned remote landes 
and Countreis in the way by the seas thither, and from thence, haue 
full and meere power and authoritie to correct, punish, pardon, 
gouerne, and rule by their and euery or any of their good discretions 
and pollicies, as well in causes capital, or criminall, as ciuil, both 
marine and other, all such our subiects -as shall from time to time 
aduenture themselves in the said iournies or voyages, or that shall at 
any time hereafter inhabite any such landes, countreis, or territories 
as aforesaide, or shall abide within 200. leagues of any of the saide 
place or places, where the saide Walter Ralegh, his heires or assignes, 
or any of them, or any of his or their associates or companies, shall 
inhabite within 6. yeeres next ensuing the date hereof, according to 
such statutes, lawes and ordinances, as shall bee by him the saide 
Walter Ralegh his heires and assignes, and euery or any of them 
deuised, or established, for the better government of the said people 
as aforesaid. So always as the said statutes, lawes, and ordinances 
may be as neere as conueniently may be, agreeable to the forme of the 
lawes, statutes, governement, or pollicie of England, and also so as 
they be not against the true Christian faith, nowe professed in the 



56 Charter to Sir Walter Raleigh— 1584 

Church of England, nor in any wise to withdrawe any of the subiects 
or people of those landes or places from the allegiance of vs, our 
heires and successours, as their immediate Soueraigne vnder God. 

And further, wee doe by these presents for vs, our heires and suc- 
cessors, giue and graunt full power and authoritie to our trustie and 
welbeloued counsailer sir William Cicill knight, I^rde Biirghley^ our 
high Treasourer of England, and to the Lorde Treasourer of Eng- 
land, for vs, our heires and successors for the time being, and to the 
priuie Counsell, of us, our heirs and successours, or any loure or more 
of them for the time being, that hee, they, or any foure or more of 
them, shall and may from time to time, and at all times hereafter, 
vndor his or their handes or scales by vertue of these presents, au- 
thorise and licence the saide Walter Ralegh, his heires and assignes. 
and euery or anv of them by him, and by themselues, or by their, or 
any of their sufllicient Atturnies, deputies, officers, ministers, factors, 
and seruants, to imbarke and transport out of our Realme of Eng- 
land and Ireland, and the Dominions thereof all, or any of his, or 
their goods, and all or any the goods of his and their associats and 
companies, and euery or any of them, with such other necessaries 
and commodities of any our Realmes, as to the saide Lorde Treas- 
ourer, or foure or more of the priuie Counsaile, of vs, our heires and- 
successors for the time being (as aforesaide) shalbe from time to 
time by his or their wisdomes, or discretions thought meete and 
conuenient, for the better reliefe and supportation ot him the saide 
Walter Ralegh, his heires, and assignes, and euery or any of them, 
and of his or their or any of their associats and companies, any acte, 
statute, lawe, or other thing to the contrary in any wise notwith- 
standing. 

Provided alwayes, and our will and pleasure is, and wee do hereby 
declare to all Christian kings, princes and states, that if the saide 
Walter Ralegh, his heires or assignes, or any of them, or any other 
by their licence or appointment, shall at any time or times hereafter, 
robbe or spoile by sea or by lande, or do any acte of unjust or unlaw- 
ful hostilitie, to any of the subjects of vs, our heires or successors, or 
to any of the subjects of any the kings, princes, rulers, governors, or 
estates, being then in perfect league and amitie with us, our heires 
and successors, and that upon such injury, or upon iust complaint of 
any such prince, ruler, governoir. or estate, or their subiects, wee, our 
heires and successours, shall make open proclamation within any the 
portes of our Realme of England, that the saide Walter Ralegh, his 
heires and assignes, and adherents, or any to whome these our letters 
patents may extende, shall within the termes to be limitted, by such 
proclamation, make full restitution, and satisfaction of all such in- 
juries done, so as both we and the said princes, or other so complay- 
ning, may holde vs and themselues fullv contented. And that if the 
saide Walter Ralegh, his heires and assignes, shall not make or cau«e 
to be made satisfaction accordingly, Avithin such time so to be lim- 
itted, that then it shall be lawful! to us our heires and successors, to 
put the saide Walter Ralegh, his heires and assignes and adherents, 
and all the inhabitants of the said places to be discouered (as is afore- 
saide) or any of them out of our allegiance and protection, and that 
from and after such time of putting out of protection the said Walter 
Ralegh, his heires, assignes and adherents, and others so to be put out, 



Charter to Sir Walter Raleigh — 1S84 57 

iind the said places within their habitation, possession and rule, shal 
be out of our allegeance and protection, and free for all princes and 
others, to pursue with hostilitie, as being not our subiects, nor by vs 
any way to be auouched, maintained or defended, nor to be holden as 
any of ours, nor to our protection or dominion, or allegiance any way 
belonging, for that expresse mention of the cleer yeerely value of the 
certaintie of the premisses, or any part thereof, or of any other gift, 
or grant by vs, or any our progenitors, or predecessors to the said 
Walter Balegh, before this time made in these presents be not ex- 
pressed, or any other grant, ordinance, prouision, proclamation, or 
restraint to the contrarye thereof, before this time giuen, ordained, or 
prouided, or any other thing, cause, or matter whatsoeuer, in any 
wise notwithstanding. In witness whereof, we haue caused these our 
letters to be made patents. Witnesse our selues, at Westminster, the 
25. day of March, in the sixe and twentieth yeere of our Raigne. 



CHARTER OF THE DUTCH WEST INDIA COMPANY-1621« 

REFERENCES 

Charter of Privileges and Exemptions of the Dutch West India Company. June 

7, 1629. 
Documents Relative to the Colonial History. of the SJate of New York. Vol. II. 

pp. 553-557. 
O'Callaghan, History of New Netherland, I, 112-120. 
Modified Concessions of 1640. Doc. Relative to Col. Hist, of N. Y. Vol. I. 

JUNE 3, 1621 

The States-General of the United Netherlands, to all who shall see 
these Presents, or hear them read, Greeting. 

Be it known, that we knowing the prosperity of these countries, 
and the welfare of their inhabitants depends principally on naviga- 
tion and trade, which in all former times by the said Countries were 
carried on happily, and with a great blessing to all countries and 
kingdoms; and desiring that the aforesaid inhabitants should not 
only be preserved in their former navigation, traffic, and trade, but 
also that their trade may be encreased as much as possible in special 
conformity to the treaties, alliances, leagues and covenants for traffic 
and navigation formerly made with other princes, republics and 
people, which we give them to understand must be in all parts punc- 
tually kept and adhered to : And we find by experience, that without 
the common help, assistance, and interposition of a General Company, 
the people designed from hence for those parts cannot be profitably 
protected and mantained in their great risque from pirates, extortion 
and otherwise, which will happen in so very long a voyage. We 
have, therefore, and for several other important reasons and consid- 
erations as thereunto moving, with mature deliberation of counsel, 
and for highly necessary causes, found it good, that the navigation, 
trade, and commerce, in the parts of the West-Indies, and Africa, 
and other places hereafter described, should not henceforth be carried 
on any otherwise than by the common united strength of the mer- 
chants and inhabitants of these countries ; and for that end there shall 
be erected one General Company, which we out of special regard to 
their common well-being, and to keep and preserve the inhabitants 
of those places in good trade and welfare, will maintain and 
strengthen with our Help, Favour and assistance as far as the present 
state and condition of this Country will admit : and moreover furnish 
them with a proper Charter, and with the following Priveleges and 
Exemptions, to wit. That for the Term of four and twenty Years, 
none of the Natives or Inhabitants of these countries shall be per- 
mitted to sail to or from the said lands, or to traffic on the coast and 
countries of Africa from the Tropic of Cancer to the Cape of Good 
Hope, nor in the countries of America, or the West-Indies, beginning 

<» Text in Historical Collections ; consisting of State Papers, and Other Authen- 
tic Documents, etc. By Ebenezer Hazard. (Philadelphia, MDCCXCII), Vol. I, 
pp. 121-131. 

59 



60 Charter of the Dutch West India Company — 1621 

at the fourth end of Terra Nova, by the streights of Magellan, La 
Maire, or any other streights and passages situated thereabouts to 
the streights of Anion, as well on the north sea as the south sea, nor 
on any islands situated on the one side or the other, or between both ; 
nor in the western or southern countries reaching, lying, and be- 
tween both the meridians, from the Cape of Good Ho^e, in the East, 
to the east end of New Guinea, in the West, inclusive, but in the 
Name of this United Company of these United Netherlands. And 
whoever shall presume without the consent of this Company, to sail 
or to traffic in any of the Places within the aforesaid Limits granted 
to this Company, he shall forfeit the ships and the goods which shall 
be found for sale upon the aforesaid coasts and lands; the which 
being actually seized by the aforesaid Company, shall be by them 
kept for their own Benefit and Behoof. And in case such ships or 
goods shall be sold either in other countries or havens they may touch 
at, the owners and partners must be fined for the value of those ships 
and goods : Except only, that they who before the date of this char- 
ter, shall have sailed or been sent out of these or any other countries, 
to any of the aforesaid coasts, shall be able to continue their trade 
for the sale of their goods, and come back again, or otherwise, until 
the expiration of this charter, if they have had any before, and not 
longer: Provided, that after the first of July sixteen hundred and 
twenty one, the day and time of this charter^s commencing, no per- 
son shall be able to send any ships or goods to the places compre- 
hended in this charter, although that before the date hereof, this 
Company was not finally incorporated : But shall provide therein as 
is becoming, against those who knowingly by fraud endeavour to frus- 
trate our intention herein for the public good: Provided that the 
salt trade at Ponte del Re may be continued according to the condi- 
tions and instructions by us already given, or that may be given 
respecting it, any thing in this charter to the contrary notwith- 
standing. 

II. That, moreover, the aforesaid Company may, in our name and 
authority, within the limits herein before prescribed, make contracts, 
engagements and alliances with the limits herein before prescribed, 
make contracts, engagements and alliances with the princes and 
natives of the countries comprehended therein, and also build any 
forts and fortifications there, to appoint and discharge Governors, 
people for war, and officers of justice, and other public officers, for 
the preservation of the places, keeping good order, police and justice, 
and in like manner for the promoting of trade; and again, others in 
their place to put, as they from the situation of their affairs shall 
see fit : Moreover, they must advance the peopling of those fruitful 
and unsettled parts, and do all that the service of those countries, 
and the profit and increase of trade shall require: and the Company 
shall successively communicate and transmit to us such contracts 
and alliances as they shall have made with the aforesaid princes 
and nations; and likewise the situation of the fortresses, fortifica- 
tions, and settlements by them taken. 

III. Saving, that they having chosen a governor m chief, and 
prepared instructions for him, they shall be approved, and a com- 
mission given by us, And that further, such governor in chief, as 
well as other deputy governors, commanders, and officers, shall be 
held to take an oath or allegiance to us and also to the Company. 



Charter of the Dutch West India Company — 1621 61 

IV. And if the aforesaid Company in any of the aforesaid places 
shall be cheated under the appearance of friendship, or badly 
treated, or shall suffer loss in trusting their money or Goods, without 
having restitution, or receiving payment for them, they may use the 
best methods in their power, according to the situation of their 
affairs, to obtain satisfaction. 

V. And if it should be necessary for the establishment, security 
and defence of this trade, to take any troops with them, we will, 
according to the constitution of this country, and the situation of 
affairs furnish the said Company with such troops, provided they be 
paid and supported by the Company. 

VI. Which troops, besides the oath already taken to us and to his 
excellency, shall swear to obey the commands of the said Company, 
and to endeavour to promote their interest to the utmost of their 
ability. 

VII. That the provosts of the Company on shore may apprehend 
any of the military, that have inlisted in the service of the aforesaid 
company, and may confine them on board the ships in whatever city, 
place, or jurisdiction they may be found; provided, the provosts first 
inform the officers and magistrates of the cities and places where this 
happens. 

VIII. That we will not take any ships, ordnance, or ammunition 
belonging to the company, for the use of this country, without the 
consent of the said company. 

IX. We have moreover incorporated this company, and favoured 
them with privileges, and we give them a charter besides this, that 
they may pass freely with all their ships and goods without paying 
any toll to the United Provinces ; and that they themselves may use 
their liberty in the same manner as the free inhabitants of the cities 
of this country enjoy their freedom, notwithstanding any person who 
is not free may be a member of this company. 

X. That all the goods of this company during the eight next 
ensuing years, be carried out of this country to the parts of the West- 
Indies and Africa, and other places comprehended within the afore- 
said limits, and those which they shall bring into this country, shall 
be from outward and home convoys ; provided, that if at the expira- 
tion of the aforesaid eight years, the state and situation of these 
Countries will not admit of this Freedom's continuing for a longer 
time, the said goods, and the merchandises coming from the places 
mentioned in this Charter, and exported again out of these countries, 
and the outward convoys and licenses, during the whole time of this 
Charter, shall not be rated higher by us than they have formerly been 
rated, unless we should be again engaged in a war, in which case, all 
the aforesaid goods and merchandises will not be rated higher by us 
than they were in the last list in time of war. 

XI. And that this company may be strengthened by a good gov- 
ernment, to the greatest profit and satisfaction of all concerned, we 
have ordained, that the said government shall be vested in five cham- 
bers of managers ; one at Amsterdam, — this shall have the management 
of four-ninths parts; one chamber in Zealand, for two-ninth parts; 
one chamber at the Maeze, for one-ninth part ; one chamber in North 
Holland, for one-ninth-part; and the fifth chamber in Friesland, 
with the city and country, for one-ninth part; upon the condition 
entered in the record of our resolutions, and the Act past respecting 

7251— VOL 1—07 7 



62 Charter of the.. Dutch West India Company — 1621 

it. And the Provinces in which there are no chambers shall be accom- 
modated with so many managers, divided among the respective cham- 
bers, as their hundred thousand guilders in this company shall entitle 
them to. 

XII. That the chamber of Amsterdam shall consist of twenty man- 
agers; the chamber of Zealand of twelve ; the chambers of Maeze and 
of the North Part, each of fourteen, and the chamber of Friesland, 
with the city and country, also of fourteen managers; if it shall here- 
after appear, that this work cannot be carried on without a greater 
number of persons ; in that case, more may be added, with the knowl- 
edge of nineteen, and our approbation, but not otherwise. 

XIII. And the States of the respective United Provinces are 
authorized, to lay before their High Mightinesses' ordinary deputies, 
or before the magistrates of the cities of these Provinces, any order 
for registering the members, together with the election of managers, 
if they find they can do it according to the constitution of their 
Provinces. Moreover, that no person in the chamber of Amsterdam 
shall be chosen a manager who has not of his own in the funds of the 
company, the sum of five thousand guilders; and the Chamber of 
Zealand four thousand guilders, and the chamber of Maeze, of the 
North Part, and of Friesland, with the city and country, the like sum 
of four thousand guilders. 

XIV. That the first managers shall serve for the term of six years, 
and then one-third part of the number of managers shall be changed 
by lot ; and two years after a like third part, and the two next follow- 
ing years, the last third part; and so on successively the oldest in 
the service shall be dismissed ; and in the place of those who go off, 
or of any that shall die, or for any other reason be dismissed, three 
others shall be nominated by the managers, both remaining and going 
off, together with the principal adventures in person, and at their 
cost, from Avhich the aforesaid Provinces, the deputies, or the magis- 
trates, shall make a new election of a manager, and successively 
supply the vacant places; and it shall be held before the principal 
adventurers, who have as great a concern as the respective managers. 

XV. That the accounts of the furniture and outfit of the vessels, 
with their dependencies, shall be made up three months after the 
departure of the vessels, and one month after, copies shall be sent to 
to us, and to the respective chambers: and the state of the returns, 
and their sales, shall the chambers (as often as we see good, or they 
are required thereto by the chambers) send to us and to one another. 

XVI. That evry six years they shall make a general account of all 
outfits and returns, together with all the gains and losses of the com- 
pany ; to wit, one of their business, and one of the war, each separate ; 
which accounts shall be made public by an advertisement, to the end 
that every one who is interested may, upon hearing of it, attend ; and 
if by the expiration of the seventh year, the accounts are not made out 
in manner aforesaid, the managers shall forfeit their commissions, 
which shall be appropriated to the use of the poor, and they thepi- 
selves be held to render their account as before, till such time and 
under such penalty as shall be fixed by us respecting offenders. And 
notwithstanding there shall be a dividend made of the profits of the 
business, so long as we find that ten per cent shall have been gained. 

XVII. No one shall, during the continuance of this charter, with- 
draw his capital, or sum advanced, from this company ; nor shall any 



Charter of the Dutch West India Company — 1621 63 

new members be admitted. If at the expiration of four and twenty 
years it shall be found good to continue this company, or to erect a 
a new one, a final account and estimate shall be made by the nineteen, 
with our knowledge, of all that belongs to the company, and also of 
all their expences, and any one, after the aforesaid settlement and 
estimate, may withdraw his money, or continue it in the new company, 
in whole or in part, in the same proportion as in this ; And the new 
company shall in such case take the remainder, and pay the members 
which do not think fit to continue in the company their share, at such 
times as the nineteen, with our knowledge and approbation, shall 
think proper, 

XVIII. That so often as it shall be necessary to have a general 
meeting of the aforesaid chambers, it shall be by nineteen persons, 
of whom eight shall come from the chamber of Amsterdam; from 
Zealand, four ; from the Maeze, two ; from North Holland, two ; from 
Friesland, and the city and country, two, provided, that the nineteen 
persons, or so many more as we shall at any time think fit, shall be 
deputed by us for the purpose of helping to direct the aforesaid 
meeting of the company. 

XIX. By which general meeting of the aforesaid chambers, all 
the business of this Company which shall come before them shall 
be managed and finally settled, provided, that in case of resolving 
upon a war, our approbation shall be asked. 

XX. The aforesaid general meeting being summoned, it shall meet 
to resolve when they shall fit out, and how many vessels they will 
send to each place, the company in general observing that no par- 
ticular chamber shall undertake any thing in opposition to the fore- 
going resolution, but shall be held to carry the same effectually 
into execution. And if any chamber shall be found not following 
the common resolution, or contravening it, we have authorized, and 
by these presents do authorize, the said meeting, immediately to 
cause reparation to be made of every defect or contravention, wherein 
we, being desired, will assist them. 

XXI. The said general meeting shall be held the first six years 
in the city of Amsterdam, and two years thereafter in Zealand, and 
so on from time to time in the aforesaid two places. 

XXII. The managers to whom the affairs of the company shall 
be committed, who shall go from home to attend the aforesaid 
meeting or otherwise, shall have for their expences and wages, four 
guilders a day, besides boat and carriage hire; Provided, that those 
who go from one city to another, to the chambers as managers and 
governors, shall receive no wages or travelling charges, at the cost 
of the company. 

XXIII. And if it should happen that in the aforesaid general 
meeting, any weighty matter should come before them Avherein they 
cannot agree, or in case the vote are equally divided, the same shall 
be left to our decision ; and whatever shall be determined upon shall 
be carried into execution. 

XXIV. And all the inhabitants of these countries, and also of 
other countries, shall be notified by public advertisements within one 
month after the date hereof, that they may be admitted into this 
Company, during five months from the first of July this year, sixteen 
hundred and twenty one, and that they must pay the money they 
put into the Stock in three payments ; to wit, one third part at the 
expiration of the aforesaid five months, and the other two-thirds 



64 Charter of the Dutch West India Company — 1621 

parts within three next succeeding years. In case the aforesaid gen- 
eral meeting shall find it necessary to prolong the time, the members 
shall be notified by an advertisement. 

XXV. The ships returning from a voyage shall come to the place 
they sailed from; and if by stress of weather, the vessels which sailed 
out from one part shall arrive in another; as those from Amsterdam, 
or North Holland, in Zealand, or in the Maeze; or from Zealand, in 
Holland ; or those from Friesland, Avith the city and country, in 
another part; each chaml)er shall nevertheless have the direction and 
management of the vessels and goods it sent out, and shall send and 
transport the goods to the places from whence the vessels sailed, 
either in the same or other vessels: Provided, that the managers of 
that chamber shall Ik* held in person to find the place where the ves- 
sels and goods are arrived, and not appoint factors to do this busi- 
ness; but in case they shall not be in a situation for travelling, they 
shall commit this business to the chamber of the place where the 
vessels arrived. 

XXVI. If any chamber has got any goods or returns from the 
places included within the Limits of this charter, with which another 
is not provided, it shall be held to send such goods to the chamber 
which is unprovided, on its request, according to the situation of the 
case, and if they have sold them, to send to another chamber for 
more. And in like manner, if the managers of the respective cham- 
bers have need of any persons for fitting out the vessels, or otherwise, 
from the cities where there are chambers or managers, they shall 
require and employ the managers, of this company, without making 
use of a factor. 

XXVII. And if any of the Provinces think fit to appoint an agent 
to collect the money from the inhabitants, and to make a fund in any 
chamber, and for paying dividends, the chamber shall be obliged to 
give such agent access, that he may obtain information of the state 
of the disbursements and receipts, and of the debts; provided, that 
the money brought in by such agent amount to fifty thousand guilders 
or upwards. 

XXVIII. The managers shall have for commissions one per cent. 
on the outfits and returns, besides the Prince's; and an half per cent. 
on gold and silver: which commission shall bo div^ided; to the Cham- 
ber of Amsterdam, four-ninth parts; the Chamber of Zealand, two- 
ninth parts; the Maeze, one-ninth part; North Holland, one-ninth 
part, and Friesland, with the city and country, a like ninth part. 

XXIX. Provided that they shall not receive commissions on the 
ordnance and the ships more than once. They shall, moreover, have 
no commissions on the ships, ordnance, and other things with which 
we shall strengthn the Company ; nor on the money which they shall 
collect for the Company, nor on the profits they receive from the 
goods, nor shall they charge the Company with any expenses of 
traveling or provisions for those to whom they shall committ the 
providing a cargo, and purchasing goods necessary for it. 

XXX. The book-keepers and cashiers shall have a salary paid 
them by the managers out of their commissions. 

XXXI. The manager shall not deliver or sell to the Company, in 
whole or in part, any of their own ships, merchandise or goods; nor 
buy or cause to be bought, of the said Company, directly or indirectly, 
any goods or merchandize, nor have any portion or part therein, on 



Charter of the Dutch West India Company — 1621 65 

forfeiture of one year's commissions for the use of the poor, and the 
loss of Office. 

XXXII. The managers shall give notice by advertisement, as often 
as they have a fresh importation of goods and merchandize, to the 
end that every one may have seasonable knowledge of it, before they 
proceed to a final sale. 

XXXIII. And if it happens that in either Chamber, an of the 
managers shall get into such a situation, that he cannot make good 
what was entrusted to him during his administration, and in conse- 
quence thereof any loss shall happen, such Chamber shall be liable 
for the damage, and shall also be specially bound for their adminis- 
tration, which shall also be the case w^ith all the members, who, on 
account of goods purchased, or otherwise, shall become debtors to the 
Company, and so shall be reckoned all cases relating to their stock 
and what may be due to the Company. 

XXXIV. The managers of the respective chambers shall be re- 
sponsible for their respective cashiers and book-keepers. 

XXXV. That all the goods of this Company Avhich shall be sold 
by weight shall be sold by one weight, to wit, that of Amsterdam; 
and that all such goods shall be put on board ship, or in store without 
paying any excise, import or weigh-money; provided, that they 
being sold, shall not be delivered in any other way than by weight; 
and provided that the impost and Aveigh-money shall be paid as 
often as they are alienated, in the same manner as other goods subject 
to weigh-money. 

XXXVI. That the persons or ^oods of the managers shall not be 
arrested, attached or encumbered, m order to obtain from them an ac- 
count of the administration of the Company, nor for the payment of 
the wages of those who are in the service of the Company, but those 
who shall pretend to take the same upon them, shall be bound to refer 
the matter to their ordinary judges. 

XXXVII. So when any ship shall return from a voyage, the gen- 
erals or commanders of the fleets, shall be obliged to come and report 
to us the success of the voyage of such ship or ships, within ten days 
after their arrival, and shall deliver and leave w^ith us a report in 
writing, if the case requires it. 

XXXVIII. And if it happens (which we by no means expect) 
that any person wnll, in any manner, hurt or hinder the navigation, 
business, trade, or traffic of this Company, contrary to the common 
right, and the contents of the aforesaid treaties, leagues, and cove- 
nants, they shal defend it against them, and regulate it by the in- 
structions we have given concerning it. 

XXXIX. We have moreover promised and do promise, that we 
will defend this Company against every person in free navigation 
and traffic, and assist them Avith a million of guilders, to be paid in 
five years, Avhereof the first two hundred thousand guilders shall be 
paid them when the first payment shall be made by the members; 
Provided that we, with half the aforesaid million of guilders, shall 
receive and bear profit and risque in the same manner as the other 
members of this Company shall. 

XL. And if by a violent and continued interruption of the afore- 
said navigation and traffic, the business within the limits of their 
Company shall be brought to an open war, we will, if the situation of 
this country will in any wise admit of it, give them for their assist- 



66 Charter of the Dutch West India Company — 1621 

ance sixteen ships of war, the least one hundred and fifty lasts bur- 
then ; with four good well sailing yachts, the least, forty lasts bur- 
then, which shall be properly mounted and provided in all respects, 
both with brass and other cannon, and a proper quantity of ammu- 
nition, together with double suits of running and standmg rigging, 
sails, cables, anchors, and other things thereto belonging, such as are 
proper to be provided and used in all great expeditions; upon condi- 
tion, that they shall be manned, victualled, and supported at the 
expense of the Company, and that the Company shall be obliged to 
add thereto sixteen like ships of war, and four yachts, mounted and 
provided as above, to be used in like manner for the defence of trade 
and all exploits of war : Provided that all the ships of war and mer- 
chant-men (that shall be with those provided and manned as afore- 
said) shall be under an admiral appointed by us according to the 
previous advise of the aforesaid General Company, and shall obev 
our commands, together with the resolutions of the Company, if ft 
shall be necessary, m the same manner as in time of war ; so notwith- 
standing that the merchantmen shall not unnecessarily hazard their 
lading. 

XLI. And if it should happen that this country should be remark- 
ably eased of its burthens, and that this Company should be laid 
under the grievous burthen of a war, we have further promised, and 
do promise, to encrease the aforesaid subsidy in such a manner as 
the situation of these countries will admit, and the affairs of the 
Company shall require. 

XLII. We have moreover ordained, that in case of a war, all the 
prizes which shall be taken from enemies and pirates within the 
aforesaid limits, by the Company or their assistants; also the goods 
which shall be seized by virtue of our proclamation, after deducting 
all expenses and the damage which the Companj'^ shall suffer in tak- 
ing each prize, together with the just part of his excellency the 
admiral, agreeable to our resolution of the first of April sixteen 
hundred and two; and the tenth part for the officers, sailors and 
soldiers, who have taken the prize, shall await the disposal of the 
managers of the aforesaid Company; Provided that the account of 
them shall be kept separate and apart from the account of trade and 
commerce ; and that the nett proceeds of the said prizes shall be em- 
ployed in fitting our ships, paying the troops, fortifications, garri- 
sons, and like matters of war and defence by sea and land ; but there 
shrill be no distribution unless the said nett proceeds shall amount 
to so much that a notable share may be distributed without weaken- 
ing the said defence, and after paying the expenses of the war, which 
shall be done separate and apart from the distributions on account 
of Trade : And the distribution shall be made one-tenth part for the 
use of the United Netherlands, and the remainder for the members 
of this Company, in exact proportion to the capital they have 
advanced. 

XLIII. Provided nevertheless, that all the prizes and goods, taken 
by virtue of our proclamation, shall be brought in, and the right 
laid before the judicature of the counsellors of the admiralitj for the 
part to which they are brought, that they may take cognizance of 
them, and determine the legality or illegality of the said prizes: 
the process of the administration of the goods brought in by the 
Company remaining nevertheless pending, and that under a proper 



Charter of the Dutch West India Company — 1621 67 

inventory ; and saving a revision of what may be done by the sentence 
of the admirality, agreeable to the instruction given the admiralty in 
that behalf. Provided that the vendue-masters and other officers 
of the Admiralty shall not have or pretend to any right to the prizes 
taken by this Company, anc? shall not be employed respecting them. 

XLIV. The managers of this Company shall solemnly promise 
and swear, that they will act well and faithfully in their administra- 
tion, and make good and just accounts of their trade: That they in all 
things will consult the greatest profit of the Company, and as much 
as possible prevent their meeting with losses : That they will not give 
the principal members any greater advantage in the payments or 
distribution of money than the least: That they, in getting in and 
receiving outstanding debts, will not favour one more than another: 
that they for their own account will take, and, during the continuance 
of their administration, will continue to take such sum of money as 
by their charter is allotted to them; and moreover, that they will, as 
far as concerns them, to the utmost of their power, observe and keep, 
and cause to be observed and kept, all and every the particulars and 
articles herein contained. 

XLV. All which privileges, freedoms and exemptions, together 
with the assistance herein before mentioned, in all their particulars 
and articles, we have, with full knowledge of the business, given, 
granted, promised and agreed to the aforesaid Company; giving, 
granting, agreeing and promising moreover that they shall enjoy 
them peaceably and freely; ordaining that the same shall be ob- 
served and kept by all the magistrates, officers and subjects of the 
United Nethelands, without doing anything contrary thereto directly 
or indirectly, either within or out of these Netherlands, on penalty 
of being punished both in life and goods as obstacles to the common 
welfare of this country, and transgressors of our ordinance: prom- 
ising moreover that we will maintain and establish the Company in 
the things contained in this charter, in all treaties of peace, alliances 
and agreements with the neighboring princes, kingdoms and coun- 
tries, without doing anything, or suft'ering any thing to be done 
which will weaken their establishment. Charging and expressly 
commanding all governors, justices, officers, magistrates and inhabi- 
tants of the aforesaid United Netherlands, that they permit the afore- 
said Company and managers peaceably and freely to enjoy the full 
effect of this charter, agreement, and privilege, without any contra- 
diction or impeachment to the contrary. And that none may pretend 
ignorance hereof, we command that the contents of this charter shall 
be notified by publication, or an advertisement, where, and in such 
manner, as is proper ; for we have found it necessary for the service 
of this country. 

Given under our Great Seal, and the Signature and Seal of our 
Recorder, at the Hague, on the third day of the month of June, 
in the year sixteen hundred and twenty one. 

Was countersigned 

J. MAGNUS, Seer. 

Underneath was written, 

The ordinance of the High and Mighty Ix)rds the States General. 

It was subscribed, 

C. AERSSEN. 

And has a Seal pendant, of red Wax, and a string of white silk. 



SIR ROBERT HEATH'S PATENT 5 CHARLES P^ 

[30 Oct. 1629]* 

Charles by the grace of God of England Scotland France & Ireland 
King Defender of the faith &c: To all to whom these present 1"^^" 
shall come, greeting 

We have seen the inrolement of certaine of our V^^ patents under our 
great scale of England made to S"" Robert Heath Knight our Atturney 
Generall, bearing dat« at Westminster the 30. day of October in the 5 
yeare of our reigne & inroUed in our Court of Chancery, & remaining 
upon Record among the Roles of the Said Court in these words : The 
king to all to whom these present &c : greeting. Wliereas our beloved 
and faithful subject and servant S'" Robert Heath Knight our Attur- 
ney Generall, kindled with a certain laudable and pious desire as well 
of enlarging the Christian religion as our Empoire & encreasing the 
Trade & Commerce of this our kingdom : A certaine Region or Terri- 
tory to bee hereafter described, in our lands in the parts of America 
betwixt one & thirety & 36 degrees of northerne latitude inclusively 
placed (yet hitherto untild, neither inhabited by ours or the subjects 
of any other Christian king. Prince or state But some parts of it 
inhabited by certain Barbarous men who have not any knowledge of 
the Divine Dietye) He being about to lead thither a Colonye of men 
large & plentif ull, professing the true religion ; seduously & industri- 
ously applying themselves to the culture of the sayd lands & to mer- 
chandising to be performed by industry & at his owne charges & 
others by his example. And in this his purpose in this affayer for 
our service and honour he hath given us full satisfaction, which pur- 
pose of his being soe laudable & manifestly tending to our honour, 
& the profit of our kingdome of England Wee with a Royal regard 
considering these things doe thinke meete to approve & prosecute them, 
for which end the sayd S'' Robert Heath hath humbly supplicated that 
all that Region with the Isles thereunto belonging with certain sorts 
of privileges & jurisdictions for the wholesome government of his 
Colonye & Region aforesaid & for the estate of the appurtenances 
may be given granted and confirmed to him, his heires & Assignes by 
our Royall Highnesse. 

Know therefore that wee prosecuting with our Royall favor the 
pious & laudable purpose & desire of our aforesaid Atturney of our 
especiall grace certaine knowledge & meere motion, have given, granted 

* The Colonial Records of North Carolina, Published under the Supervision 
of the Trustees of the Public Libraries, by order of the General Assembly. 
Collected and edited by William L. Saunders, Secretary of Stata Vol. I, 1662 
to 1712. Raleigh. P. M. Hale, Printer to the State. 1886. 



70 Sir Robert Heath's Patent 5 Charles 1st— 1629 

& confirmed & by this our present charter to the said S"" Robert 
Heath Knight his heirs & assignes for ever, doe give, grant & con- 
firme all that River or Rivelett of St Matthew on the South side 
& all that River or Rivelett of the great passe on the North side, & 
all the lands Tenements & Hereditaments lying, beeing & extending 
within or between the sayd Rivers by that draught or Tract to the 
Ocean upon the east side & soe to the west & soe fare as the Continent 
extends itselfe with all & every their appurtenances & alsoe'all those 
our Islands of beayus Bahama & all other Isles & Islands lying 
southerly there or neare upon the foresayd continent all which lye 
inclusively within the degrees of 31 & 36 of Northerne latitude; 
And all & singular the ports & stations of shippes & the Creeks of 
the sea belonging to the Rivers, Islands & lands aforesaid ; with the 
fishings of all sorts of fish, whales, sturgeons & of other Royaltyes 
in the sea or in the rivers moreover all veines, mines or pits either 
upon or conceald of Gold, Silver Jewells & precious stones & all 
other things whatsoever, whither of stones or metalls or any other 
thing or matter found or to be found in the Region Territory Isles 
or limitts aforesaid. And furthermore the patronages and advow- 
sons of all churches which shall happen to be built hereafter in the 
said Region Territorv & Isles and limitts bj' the increase of the 
religion & worship of Christ Together with all & singular these & 
these so6 amply. Rights Jurisdictions, priviledges prerogatives Ro»ral- 
tyes libertyes immunityes with Royall rights & franchises whatso- 
ever as well by sea as by land, within that Region Territory Isles 
& limitts aforesaid To have exercise use & enjoy in like manner 
as any Bishop of Durham within the Bp'^''^''® or County palatine of 
Durham in our kingdome of England ever heretofore had held used 
or enjoyed or of right ought or could have hold use or enjoy. And 
by the presents we make create & constitute the same S*" Robert 
Heath his heires & assignes true and absolute Lords & Proprietors 
of the Region & Territory aforesaid & all other the premises for us 
our heires & successors saveing alwaies the faith & allegiance due 
to us our heires & successors. To have hold possess & enjoy the said 
Region Isles Rivers & the rest of the premises to the said S"" Robert 
Heath Knight his heires & assignes to the sole & proper use & behoofe 
of him S"" Robert Heath Knight his heires & assignes for ever with 
that meaning that the said S"" Robert Heath his heires & assises 
shall plant the premisses according to certaine instructions & direc- 
tions of oiires signed with our Royall hand of the date of the pres- 
ents remaining with our prineipall Secretary to our use our heires & 
successors To be held of us our heires & successors Kings of England 
in Cheife by knights service & by paying for it to us our heires &, 
successors one Circle of Gold formed in the fashion of a crowne of 
the weight of twenty Ounces with this inscription ingraved upon 
it Deos Coronet Opus Suum whensoever & as often as it sliall happen, 
that we our heires or successors shall enter the said Region, & also 
the fifth & part of all the metall of Gold & Silver (which in English 
is called Gold & Silver Oare) which shall from time to time happen 
to be found within the foresayd limits & such a proportion of the 
profitts & commodityes out of the premises as are fully conteined 
in the instructions & declarations aforesaid. 



Sir Robert Heath's Patent 5 Charles 1st— 1629 71 

But that the aforesaid region or Territory soe granted & described 
may be more illustrious by us than all the other Kegions of that 
land & may be adorned with more ample Titles. 

Know that we of our free grace certain knowledge & meerc motion 
doe thinke fit to erect the sayd Region Territory & Isles into a Prov- 
ince & by the fulness of our power & Kingly Authority for us our 
heires & successors, we doe erect & incorporate them into a province 
& name the same Carolina pr the province of Carolina, & the fore- 
said Isles the Carolarns Islands & soe we will that in all times here- 
after they shall be named. And because we herebefore have ordained 
& made the fores'* S"" Robert Heath Knight true lord & proprietor 
of all the aforenamed Province. Furthermore know yee that we for 
ourselves our heires & successors doe give power to the said S'' Robert 
(of whose faith prudence industry & provident circumspection we 
have great confidence) & to his heires & assignes for the good & 
happy Government of the said Province to forme make & enact & 
publish under the scale of the said S"" Robert his heires & assignes 
what lawes soever may concerne the publicke state of the said prov- 
ince or the private profitt of all according to the wholesome direc- 
tions of & with the counsell assent & approbation of the Freeholders 
of the same Province or the Major part of them who Avhen & as often 
as need shall require shall by the aforesaid S"" Robert Heath his 
Heires & Assignes & in that forme which to him or them shall seem 
best, be called together to make lawes & those to be for all men 
within the said province & the bounds of it for the time beeing or 
under his or their Government or power either sayling towards Caro- 
lana or returning from thence either outward to England or out- 
ward to any other dominion of ours whatsoever constituted by impo- 
sition of fines imprisonment or any otlier constraint whatsoever & 
we grant to the said S"" Robert his heires & assignes free full & all 
kind of power by the Tenour of these presents if the qualitye of the 
offence requires it to punish by the losse of life or limbe by himself 
his heires or assignes, or by their Deputyes Lieutenants Judges Jus- 
tices Magestrates Officers & ministers to be constituted & made ac- 
cording to the tenour & true intent of these presents duely to be 
executed : And also to the said S'" Robert Heath his heires & assignes 
as to them shall seem most meet power of constituting & ordaining 
Judges & Justices Magestrates & officers whatsoever for whatsoever 
causes and with w^hat power soever & in what forme by sea or by 
land. Alsoe crimes & all excesses whatsoever against such lawes either 
before judgement received or after, power of remitting releasing par- 
doning & abolishing; & all & singular complements of justice courts 
tribunalls forms of judgements & manners of processe belonging to 
them although there be not mention made nor expression of them 
in these presents which laws as aforesaid to be proclaimed & to be 
endowed with the most absolute firmnesse of right, we will injoyne 
command & order that they be inviolably observed & kept by all 
men the Lieges & Subjects of us our heires & successors (as farre as 
it may concerne them) & under the paines in them expressed & to be 
expressed yet soe that the foresaid lawes & ordinances be consonant 
to Reason and not repugnant or contrary but (as conveniently as may 
be done) consonant to the lawes, statutes, customes & rights of our 
Realme of England. 



72 Sir Robert Heath's Patent 5 Charles 1st— 1629 

And because in the Government of soe great a Province sudden 
chances many times happen to which it will be necessary to apply a 
remedy before that the Freeholders of the sayd province can be called 
together to make lawes, neither will it be convenient, upon a con- 
tinued title in an emergent occasion to gather together soe great a 
people therefore for the better Government of the sayd Province, we 
will & ordaine & by these presents for Us our Heires & Successors ; 
doe grant unto the said S"" Robert Heath his Heires & Assignes by 
himself or by magistrates & officers duly constituted for that purpose 
(as before is sayd) shall & may have power from time to time to 
make & constitute wholesome & convenient Ordinances within the 
Province aforesaid & be kept & observed as well for the preserving 
the peace as for the better Government of the people there liveing; 
& to give publicke notice of them to all whom it doth or may con- 
cerne: which Ordinances we will that they be inviolably observed 
within the sayd Province under the paines expressed in them soe as 
the sayd Ordinances be consonant to Reason & not repugnant nor 
contrary, but (as conveniently as may be done) consonant to the 
laws, statutes & rights of our Kealme of England as is aforesaid soe 
alsoe that the same Ordinances extend not themselves against the right 
or interest of any person or persons or to distrayne bind or burden in 
or upon his freehold goods or chattels : or to be received any where 
there in the same Province or the Isles aforesayd. 

Moreover that New Carolana may happily increase by the mul- 
titude of people thronging thither & alsoe that they be firmely 
defended from the incursions of the Barbarous & of others prac- 
ticall or plundering enemyas. Therefore we for ourselves our Heires 
& Successors at the will & pleasure of the sayd S" Robert Heath his 
heires and assignes, doe give & grant by these presents to all men & 
our subjects, leiges of our heires and successors both those in present 
& to come (unless it shall be in an especiall manner forbidden) 

f)Ower, licence & libertye to build & fortifye themselves & their fami- 
ves in the sayd Province of Carolana for the publicke safety of 
tlieir seats there planted, tilled & inhabited with forts castles & other 
fortifications, with fitting shipes alsoe & convenient furniture for 
transportation the statute of fugitives or any other whatsoever con- 
trary to these premises in any wise notwithstanding. We will alsoe 
& for Us our Heires & successors out of our great favour we firmely 
comand constitute ordaine & require that the said Province be in 
our Allegiance & that all & every our subjects & leiges & of our heires 
& successors brought or to l)e Brought into the said Province, their 
children either their already borne or hereafter to be borne are & shall 
be Naturall and leiges to us our Heires & successors & in all things 
shall be held, treated reputed & accounted as faithfull leiges of us, 
our heires & successors borne in our Kingdom of England. And alsoe 
that they shall possesse lands, tenements, rents services & Here- 
ditaments whatsoever with our Kingdome of England & other our 
Dominions to purchase, receive, take, have, hold, buy and possesse 
& them to use & enjoy & alsoe then to give sell alienate & bequeath 
& alsoe all libertyes, franchises & priviledges of this our Realme, to 
have & possess freely quietly & peaceably & that they may use & 



Sir Robert Heath's Patent 5 Charles lst^l629 73 

enjoy them as our leiges borne or to be borne within our Kingdom 
of England, without impediment, molestation or vexation, claime or 
grievance from us our Heires & successors whatsoever; any statute, 
act Ordinance or j^rovision here upon to the contrary notwithstand- 
ing: furthermore that our subjects may be incited with a ready & 
cheerful mind, to undertake this expedition with the hope of gaine 
& the meeknesse of priviledges. Know that we out of our especiall 
favour, certain knowledge & meere motion doe give license & grant 
free power, as well to the said S"" Robert Heath Knight his Heires 
& assignes as to all others who shall goe from time to time to 
inhabite in Carolana aforesaid, all & singular their goods as well 
moveable as immoveable wares, merchandize alsoe weapons & war- 
licke instruments offensive & defensive in any ports of ours, our 
Heires & successors to be laded in shippes, for to be transported into 
the province of Corolana, by him or his, or their assignes & this with- 
out molestation by us our Heires & successors or any officers of us 
our Heires or successors, or farmers to us, our Heires & successors: 
paying notwithstanding to us, our Heires & successors all & all man- 
ner of impositions, subsidyes, customes & other Dues for the sayd 
things wares Sc merchandises soe exported as are usuall & accustomed, 
any statute act Ordinance or other thing whatsoever to the contrary 
notwithstanding. Alwaies provided that before the sayd Goodes, 
things & merchandises are carried to & loaded in the shippes that 
licence for them be desired & obtained from the High Treasurer of 
the Kingdome of England to us, our heires & successors, or the commis- 
sioners tor our Treasurye or from six or more of the Privy Councell, 
of us our Heires & successors inscribed under their hands To which 
Treasurer Commissioners & privy Councell of us our heirs & suc- 
cessors or to any sixe or more of them ; we for ourselves our Heires 
& successors have given & granted as by these presents we doe give 
& grant power to grant licence in the form aforesayd. And because 
in soe remote a Region, seated among so many barbarous nations it 
is probable that the incursions as well of those Barbarous as of 
other enemyes Pirates & Robbers may cause feare. Therefore we for 
ourselves our Heires & successors have given to the foresayd S"" Rob- 
ert Heath Knight his heires & assignes by himself his Captains or 
other his officers, that all men of whatever condition, or wherever 
borne, being at that time in the Province of Carolana power to call to 
their colours, to cause Musters to make warre, to pursue enemyes & 
Robbers aforesaid by land & sea, even beyond the bounds of his 
province, and then (with Gods blessing) to overcome & to take, & 
being taken by right of warre to slay, or according to his pleasure 
to preserve, & all & every thing which doe appertaine to the right 
& office of a Captaine Generall or have been used to appertaine to be 
done & by these presents doe give full & free power as any Captaine 
Generall ever had. 

Will will also & by this our charter doe give power, liberty and 
Authority to the foresayd S"" Robert Heath Knight his heires & 
assignes that in case of Rebellion sudden tumult or sedition, if any 
such shall chance to be which (God forbid) either upon the land 
within this Province aforesayd, or upon the wide Ocean, either 



74 Sir Robert Heath's Patent 5 Charles 1st— 1629 

makeing a journey towards Carolana aforesayd or returning from 
thence, we by these presents for us our heires & successors doe give & 
grant power and authoritye most ample to himself or by Captaines 
Deputyes or other their officers authorised to this purpose under their 
scales, against all authors of innovations, seditions against the Gov- 
ernment of him or them, withdrawing themselves speakers evill of 

the militia, renegadors, deserters or any^ others whatsoever 

offending against the matter manner & disciphne military shall by 
them be punished by law militarye so<' freely and in such ample 
manner & forme as any Captaine Generall by the vertue of his office 
may or could doe. 

if'urthermore least the way to Honours & Dignityes may seem to be 
shutt & altogether barr'd up to men honestly borne, & are willing to 
undertake this present expedition & are desirous in soe remote and 
far distant a Kegion to deserve well of us & of our kingdomes 
in peace & warre for that doe for ourselves our heires & successors 

five full & free power to the foresayd S' Robert Heath Knight his 
eires & assignes to confere favours graces & honours upon those 
well deserveing citizens that inhabit within the foresayd province & 
the same with whatever Titles & dignityes (provided they be not 
the same as are now used in England) to adorne at his pleasure alsoe 
to erect villages into Borowes & BoroAves into Cittyes for the meritts 
of the inhabitants and conveniency of the places with priviledges & 
befitting immunityes to be erected & incorporated, & to doe all other 
& singular upon the premises which shall seem most convenient to him 
or them, although they be such which of their owne natures doe 
require mandates or warrant more especiall then is expressed in 
these presents. And because the beginnings of Colonys & all pub- 
licke goods & affayres doe want to labour under divers inconveniences 
& dimcutyes, therefore wee favoring the beginning of this present 
Colonye, & that those that are molested in one thing may be relieved 
in another providing by our kingly care, out of our espetiall grace, 
certaine knowledge & moor motion, by this our charter do give and 
grant licence to the foresayd S"" Robert Heath his heires & assignes & 
to all the Dwellers & inhabits of Carolana aforesayd whatsoever 
both present & to come: That whatsoever wares and merchandises 
out 01 the ^owth & increase of the sayd Province by land or sea, 
freely to bring by himselfe or his factors or assignes into whatever 

{•ort of us, our heires & successors of our kingdomes of England or 
reland & them to unlode and otherwise thereof to dispose, or if need 
be continually to keep for a whole yeare the sayd merchandises from 
being unloaded, or them againe into the same or other shippes to 
lode, & to export them into what Regions soever they please whither 
ours or others strangers. Alwayes provided that soe many & such 
customes impositions subsidyes & Toles & other dutyes which they 
are bound to pay to us, our heires and successors & onely such & the 
like as our other subjects for the time beeing are bound to pay, bevond 
what & which by noe meanes we will that the inhabitants of the 
aforesayd Carolana be molested or grieved. 

And furthermore of our more ample & espetial favour & out of our 
certaine knowledge & meer motion we for ourselves our heires & suc- 
cessors doe grant to the foresayd S" Robert Heath King his Heires 



Sir Robert Heath's Patent 5 Charles 1st— 16^9 75 

& Assignes full & absolute power and authority of makeing erecting 
& constituting within the foresayd province of Carolana & the Isles 
aforesayd soe many or such sea-ports stations of shippes creeks & 
other places of lodeing for shippes boats & other vessels & in soe many 
& in such like places & with such rights jurisdictions libertyes & 
priviledges belonging to the like ports as to him or them shall seeme 
most expedient & that all & singular shippes boates & other vessells 
whatsoever, for whatever cause of merchandising comeing to or 
goeing from the sayd Province shall be loded & imloded only at such 
ports as shall be erected & appointed soe by the sayd S"" Robert Heath 
his Heires or assignes any use or custome or any other thing notwith- 
standing. Alwaies savemg & reserveing to all our subjects of our 
Kingdom of England our Heires & successors liberty of fishing as 
well in the sea as in the creeks of the foresayd Province & priveledge 
to salt harden & drye fishes upon the shores of the said province ; as 
it hath been reasonably used & enjoyed heretofore anything in these 
presents to the contrary notwithstanding. All which libertyes & 
priveledges the subjects of us our heires & successors as is afores^ 
shall enjoy yer without doeing any notable hurt or injury in any way 
to the afores*^ S"" Robert Heath his heires & assignes or to the Dwellers 
or inhabitants on the ports, creeks & shores aforesayd of the same 
Province; & more especiall in their Trees there growing; And if any 
one committe any such harme or injury he shall undergoe the peril 
& danger of the highest displeasure of us our heires & successors & 
the due chastisem of the Law. And if by chance hereafter some 
doubts & questions may be framed about the true sence & meaning of 
anv word clause or sentence contain'd in this our present charter we 
will, enjoyne & comand that alwaies & in all things that interpreta- 
tion be used & shall be received in all our Courtes which shall be 
judged more benigne profitable & favourable to the foresayd S*" 
Robert Heath Knight his Heires & assignes & to the Dwellers & in- 
habitants of the foresayd Province, provided alwaies that noe in- 
terpretation be made by which the religion of the holy God & true 
christian, or the Allegiance due to us our heires & successors may 
suffer in the least any lessening prejudice or losse. Neverthelesse we 
will & our trust in the aforesayd S"" Robert Heath Knight his heires 
& assises is & the aforesaid S"" Robert Heath Knight for himselfe, 
his heires executors & assignes doth agree & grant to & with us our 
heires & successors that the sayd S"" Robert Heath Knight his heires 
& assignes in the Province & foresayd Isles to be planted & inhabited 
shall soe behave themselves in all things as we by our instructions 
and directions signed with our Royall hand as aforesaid most es- 
petially to instruct & direct them, shall thinke most convenient and 
necessary for our honour & service. 

Neverthelesse alwaies provided that it shall happen the River or 
Rivelett or Isles aforesayd or other the premises or any part or par- 
cell of the same to be now granted to any person or persons by us or 
by our deare father King James, or is now actually possessed or in- 
habited by any of our subjects or by the subjects of any other Chris- 
tian Prince or State, that then those our letters patents & all in 
them conteined, soe farre as the conteine soe much of the premises 
soe granted, and are now so actually possessed & inhabited as is 



76 Sir Robert Heath's Patent 5 Charles 1st— 1629 

aforesayd shall be void & of noe effect. These our letters patents 
or anything in them conteined to the contrary in any wise notwith- 
standing. And that expresse mention &c. ; In witnesse whereof &c: 
Witnesse the King at Westminster the thirtyeth day of Oct: & y"* 
de privato sigillo And we have thought fit by these presents to 
exemplifye the Tenour and inrollmcnt of our loresayd letters pat- 
ents, at the request of the foresayd S"" Robert Heath Knight. 

In Testimony whereof we have caused these our letters to be made 
patents witnesse onr selfe at Canbury the fourth day of August in 
the seventh year of our Reign. 

i Jo : Mychell ) 
Exam : by us ■( et >■ clerckes. 

( Rob : Rich ) 



THE ARTICLES OF CONFEDERATION OF THE UNITED 
COLONIES OF NEW ENGLAND -1643-1684* 

The Articles of Confederation between the Plantations under the 
Government of the Massachusetts, the Plantations under the Gov- 
ernment of New Plymouth, the Plantations under the Government 
of Connecticut, and the Government of New Haven with the Plan- 
tations in Combination therewith : 

Whereas we all came into these parts of America with one and the 
same end and aim, namely, to advance the Kingdom of our Lord 
Jesus Christ and to enjoy the liberties of the Gospel in purity with 
peace; and whereas in our settling (by a wise providence of God) 
we are further dispersed upon the sea coasts and rivers than was at 
first intended, so that we can not according to our desire with con- 
venience communicate in one government and jurisdiction; and 
whereas we live encompassed with people of several nations and 
strange languages which hereafter may prove injurious to us or our 
posterity. And forasmuch as the natives have formerly committed 
sundry insolence and outrages upon several Plantations of the Eng- 
lish and have of late combined themselves against us : and seeing by 
reason of those sad distractions in England which they have heard 
of, and by which they know we are hindered from that humble way of 
seeking advice, or reaping those comfortable fruits of protection, 
which at other times we might well expect. We therefore do conceive 
it our bounden duty, without delay to enter into a present Consocia- 
tion amongst ourselves, for mutual help and strength in all our future 
concernments: That, as in nation and religion, so in other respects, 
we be and continue one according to the tenor and true meaning 
of the ensuing articles: Wherefore it is fully agreed and concluded 
by and between the parties or Jurisdictions above named, and they 
jointly and severally do by these presents agree and conclude that 
they all be and henceforth be called by the name of the United Colo- 
nies of New England. 

2. The said United Colonies for themselves and their posterities 
do jointly and severally hereby enter into a firm and perpetual 
league of friendship and amity for offence and defence, mutual ad- 
vice and succor upon all just occasions both for preserving and 
propagating the truth and liberties of the Gospel and for their own 
mutual safety and welfare. 

3. It is further agreed that the Plantations which at present are 
or hereafter shall be settled within the limits of the Massachusetts 
shall be forever under the Massachusetts and shall have peculiar 

* Plymouth Colony Records, IX, X ; Bradford's, New Plymouth Plantation. 
7261— VOL 1—07 8 77 



78 The Articles of Confederation, etc.— 164.3-1684 

jurisdiction among themselves in all cases as an entire body, and that 
Plymouth, Connecticut, and New Haven shall each of them have like 
peculiar jurisdiction and government within their limits; and in 
reference to the Plantations which already are settled, or shall here- 
after be erected, or shall settle within their limits respectively; pro- 
vided no other Jurisdiction shall hereafter be taken in as a distinct 
head or member of this Confederation, nor shall any other Planta- 
tion or Jurisdiction in present being, and not already in combina- 
tion or under the jurisdiction of any of these Confederates, be re- 
ceived by any of them; nor shall any two of the Confederates join 
in one Jurisdiction without consent of the rest, which consent to be 
interpreted as is expressed in the sixth article ensuing. 

4. It is by these Confederates agreed that the charge of all just 
wars, whether offensive or defensive, upon what part or member of 
this Confederation soever they fall, shall both in men, provisions, 
and all other disbursements be borne by all the parts of this Con- 
federation in different proportions according to their different ability 
in manner following, namely, that the Commissioners for each Juris- 
diction from time to time, as there shall be occasion, bring a true 
account and number of all their males in every Plantation, or any 
way belonging to or under their several Jurisdictions, of what 
quality or condition soever they be, from sixteen years old to three- 
score, being inhabitants there. And that according to the different 
numbers which from time to time shall be found in each Jurisdiction 
upon a true and just account, the service of men and all charges of 
the war be borne by the poll : each Jurisdiction or Plantation being 
left to their own just course and custom of rating themselves and 
people according to their different estates with due respects to their 
q^ualities and exemptions amongst themselves though the Confedera- 
tion take no notice of any such privilege : and that according to their 
different charge of each Jurisdiction and Plantation the whole ad- 
vantage of the war (if it please God so to bless their endeavors) 
whether it be in lands, goods, or persons, shall be proportionably 
divided among the said Confederates. 

5. It is further agreed, that if any of these Jurisdictions or any 
Plantation under or in combination with them, be invaded by any 
enemy whomsoever, upon notice and request of any three magistrates 
of that Jurisdiction so invaded, the rest of the Confederates without 
any further meeting or expostulation shall forthwith send aid to 
the Confederate in danger but in different proportions; namely, the 
Massachusetts an hundred men suflSciently armed and provided for 
such a service and journey, and each of the rest, forty-five so armed 
and provided, or any less number, if less be required according to 
this proportion. But if such Confederate in danger may be supplied 
by their next Confederates, not exceeding the number hereby agreed, 
they may crave help there, and seek no further for the present: the 
charge to be borne as in this article is expressed : and at the return 
to be victualled and supplied with powder and shot for their journey 
(if there be need) by that Jurisdiction which employed or sent for 
them; but none of the Jurisdictions to exceed these numbers until 
by a meeting of the Commissioners for this Confederation a greater 
aid appear necessary. And this proportion to continue till upon 
knowledge of greater numbers in each Jurisdictiou which shall be 



The Articles of Confederation, etc.— 1643-1684 79 

brought to the next meeting, some other proportion be ordered. But 
in any such case of sending men for present aid, whether before or 
after such order or alteration, it is agreed that at the meeting of the 
Commissioners for this Confederation, the cause of such war or inva- 
sion be duly considered: and if it appear that the fault lay in the 
parties so invaded then that Jurisdiction or Plantation make just 
satisfaction, both to the invaders whom they have injured, and bear 
all the charges of the war themselves, without requiring any allow- 
ance from the rest of the Confederates towards the same. And fur- 
ther that if any Jurisdiction see any danger of invasion approaching, 
and there be time for a meeting, that in such a case three magistrates 
of the Jurisdiction may summon a meeting at such convenient place 
as themselves shall think meet, to consider and provide against the 
threatened danger; provided when they are met they may remove 
to what place they please ; only whilst any of these four Confederates 
have but three magistrates in their Jurisdiction, their requests, or 
summons, from any two of them shall be accounted of equal force 
with the three mentioned in both the clauses of this article, till there 
be an increase of magistrates there. 

6. It is also agreed, that for the managing and concluding of all 
affairs proper, and concerning the whole Confederation two Commis- 
sioners shall be chosen by and out of each of these four Jurisdic- 
tions : namely, two for the Massachusetts, two for Plymouth, two for 
Connecticut, and two for New Haven, being all in Church- fellowship 
with us, which shall bring full power from their several General 
Courts respectively to hear, examine, weigh, and determine all af- 
fairs of our war, or peace, leagues, aids, charges, and numbers of men 
for war, division of spoils and whatsoever is gotten by conquest, re- 
ceiving of more Confederates for Plantations into combination with 
any or the Confederates, and all things of like nature, which are the 
proper concomitants or consequents of such a Confederation for 
amity, offence, and defence : not intermeddling with the government 
of any of the Jurisdictions, which by the third article is preserved 
entirely to themselves. But if these eight Commissioners when they 
meet shall not all agree yet it [is] concluded that any six of the eight 
agreeing shall have power to settle and determine the business in 
question. But if six do not agree, that then such propositions with 
(heir reasons so far as they have been debated, be sent and referred to 
the four General Courts ; namely, the Massachusetts, Plymouth, Con- 
necticut, and New Haven; and if at all the said General Courts the 
business so referred be concluded, then to be prosecuted by the Con- 
federates and all their members. It is further agreed that these eight 
Commissioners shall meet once every year besides extraordinary meet- 
ings (according to the fifth article) to consider, treat, and conclude of 
all affairs belonging to this Confederation, which meeting shall ever 
be the first Thursday in September. And that the next meeting after 
the date of these presents, which shall be accounted the second meet- 
ing, shall be at Boston in the Massachusetts, the third at Hartford, 
the fourth at New Haven, the fifth at Plymouth, the sixth and seventh 
at Boston; and then Hartford, New Haven, and Plymouth, and so 
in course successively, if in the meantime some middle place be not 
found out and agreed on, which may be commodious for all the 
Jurisdictions. 



80 The Articles of Confederation, etc. — 1643-1684 

7. It is further agreed that at each meeting of these eight Commis- 
sioners, whether ordinary or extraordinary, they or six of them 
agreeing as before, may choose their President out of themselves 
whose office and work shall be to take care and direct for order and a 
comely carrying on of all proceedings in the present meeting: but 
he shall be invested with no such power or respect, as by which he 
shall hinder the propounding or progress of any business, or any way 
cast the scales otherwise than in the precedent article is agreed. 

8. It is also agreed that the Commissioners for this Confederation 
liereafter at their meetings, whether ordinary or extraordinary, as 
they may have commission or opportunity, do endeavor to frame and 
establish agreements and orders in general cases of a civil nature, 
wherein all the Plantations are interested, for preserving of peace 
among themselves, for preventing as much as may be all occasion of 
war or differences with others, as about the free and speedy passage 
of justice in every Jurisdiction, to all the Confederates equally as to 
their own, receiving those that remove from one Plantation to an- 
other without due certificate, how all the Jurisdictions may carry it 
towards the Indians, that they neither grow insolent nor be injured 
without due satisfaction, lest war break in upon the Confederates 
through such miscarriages. It is also agreed that if any servant run 
away from his master into any other or these confederated Jurisdic- 
tions, that in such case, upon the ceritficate of one magistrate in the 
Jurisdiction out of which the said servant fled, or upon other due 
proof; the said servant shall be delivered, either to his master, or any 
other that pursues and brings such certificate or proof. And that 
u])on the escape of any prisoner whatsoever, or fugitive for any crimi- 
nal cause, whether breaking prison, or getting from the officer, or 
otherwise escaping, upon the certificate of two magistrates of the 
Jurisdiction out of which the escape is made, that he was a prisoner, 
or such an offender at the time of the escape, the magistrates, or some 
of them of that Jurisdiction where for the present the said prisoner 
or fugitive abideth, shall forthwith grant such a warrant as the case 
will lx»ar, for the apprehending of any such person, and ^he delivery 
of him into the hands of the officer or other person who pursues him. 
And if there be help required, for the safe returning of any such 
offender, then it shall be granted to him that craves the same, he pay- 
ing the charges thereof. 

9. And for that the justest wars may be of dangerous consequence, 
especially to the smaller Plantations in these United Colonies, it is 
agreed that neither the Massachusetts, Plymouth, Connecticut, nor 
New Haven, nor any of the members of them, shall at any time here- 
after begin, undertake, or engage themselves, or this Confederation, 
or any part thereof in any war whatsoever (sudden exigencies, with 
the necessary consequents thereof excepted), which are also to be 
moderated as much as the case will permit, without the consent and 
agreement of the forementioned eight Commissioners, or at least six 
of them, as in the sixth article is provided : and that no charge be 
required of any of the Confederates, in case of a defensive war, till 
the said Commissioners have met, and approved the justice of the 
war, and have agreed upon the sum of money to he levied, which sum 
is then to l>e paid bv the several Confederates in proportion according 
to the fourth article. 



The Articles of Confederation, etc. — 1643-1684 81 

10. That in extraordinary occasions, when meetings are summoned 
bv three magistrates of any Jurisdiction, or two as in the fifth article, 
it any of the Commissioners come not, due warning being given or 
sent, it is agreed that four of the Commissioners shall have power to 
direct a war which cannot be delayed, and to send for due proportions 
of men out of each Jurisdiction, as well as six might do if all met ; but 
not less than six shall determine the iustice of the war, or allow the 
demands or bills of charges, or cause any levies to be made for the 
same. 

11. It is further agreed that if any of the Confederates shall here- 
after break any of these present articles, or be any other ways inju- 
rious to any one of the other Jurisdictions ; such breach of agreement 
or injury shall be duly considered and ordered by the Commissioners 
for the other Jurisdictions, that both peace and this present Confed- 
eration may be entirely preserved without violation. 

12. Lastly, this perpetual Confederation, and the several articles 
and agreements thereof being read and seriously considered, both by 
the General Court for the Massachusetts, and by the Commissioners 
for Plymouth, Connecticut, and New Haven, were fully allowed and 
confirmed by three of the forenamed Confederates, namely, the 
Massachusetts, Connecticut, and New Haven; only the Commis- 
sioners for Plymouth having no commission to conclude, desired res- 
pite until they might advise with their General Court ; whereupon it 
was agreed and concluded by the said Court of the Massachusetts, 
and the Commissioners for the other two Confederates, that, if Plym- 
outh consent, then the whole treaty as it stands in these present 
articles is, and shall continue, firm and stable without alteration : but 
if Plymouth come not in yet the other three Confederates do by these 
presents confirm the whole Confederation, and all the articles thereof; 
only in September next when the second meeting of the Commis- 
sioners is to be at Boston, new consideration may be taken of the sixth 
article, which concerns number of Commissioners for meeting and 
concluding the aflFairs of this Confederation to the satisfaction of the 
Court of the Massachusetts, and the Commissioners for the other 
two Confederates, but the rest to stand unquestioned. 

In testimony whereof, the General Court of the Massachusetts by 
their Secretary, and the Commissioners for Connecticut and New 
Haven, have subscribed these present articles of this nineteenth of 
the third month, commonly called May, Anno Domini 1643. 

At a meeting of the Commissioners for the Confederation held at 
Boston the 7th of September, it appearing that the General Court of 
New Plymouth and the several townships thereof have read, con- 
sidered, and approved these Articles of Confederation, as appeareth 
by commission of their General Court bearing date the 29th of 
August, 1643, to Mr. Edward Winslow and Mr. William Collier to 
ratify and confirm the same on their behalf : we therefore, the Com- 
missioners for the Massachusetts, Connecticut, and New Haven, do 
also from our several Governments subscribe unto them. 



THE ALBANY PLAN-1T54« 

PLAN or TJNION ADOPTED BY THE CONVENTION AT ALBAITT 

It is proposed, that humble application be made for an act of 
Parliament of Great Britain, by virtue of which one general govern- 
ment may be formed in America, including all the said colonies, 
within and under which government each colony may retain its 
present constitution, except in the particulars wherein a change may 
be directed by the said act, as hereafter follows. 

PRESIDENT-GENERAL AND GRAND COUNCIL 

That the said general government be administered by a President- 
General, to be appointed and supported by the crown ; and a Grand 
Council, to be chosen by the representatives of the people of the sev- 
eral colonies met in their respective Assemblies. 

ELECTION or MEMBERS 

That within months after the passing of such act, the 

House of Representatives that happens to be sitting within that time, 
or that shall be especially for that purpose convened, may and shall 
choose members for the Grand Council in the following proportion — 
that is to say : 

Massachusetts B^y 7 Pennsylvania 6 

New Hampshire 2 Maryland 4 

Connecticut 5 Virginia 7 

Rhode Island 2 North Carolina 4 

New York 4 South Carolina 4 

New Jersey 3 

48 

PLACE OF FIRST MEETING 

who shall meet for the first time at the city of Philadelphia 



in Pennsylvania, being called by the President-General as soon as 
conveniently may be after his appointment. 

NEW ELECTION 

That there shall be a new election of the members of the Grand 
Council every three years; and on the death or resignation of any 
member, his place should be supplied by a new choice at the next 
sitting of the Assembly of the colony he represented. 

« Sparks, Works of Benjamin Franklin, III, 36. 

83 



84 The Albany Plan— 1764 

PROPORTION OP MEMBERS AFTER THE FIRST THREE YEARS 

That after the first three years, when the proportion of ironey 
arising out of each colony to the general treasury can be knov n, the 
number of members to be chosen for each colony shall from time to 
time, in all ensuing elections, be regulated by that proportion, yet 
so as that the num&er to be chosen by any one province be not more 
than seven, nor less than two. 

MEETINGS OF THE GRAND COUNCIL, AND CALL 

That the Grand Council shall meet oncf in every year, and oftener 
if occasion inquire, at such time and pine as they shall adjourn to 
at the last preceding meeting, or as they shall be called to meet 
by the President-General on any emergency, he having first obtained 
in writing the consent of seven of the members to such call, and sent 
due and timely notice to the whole. 

CONTINUANCE 

That the Grand Council have power to choose their speaker and 
shall neither be dissolved, prorogued, nor continued sitting longer 
than six weeks at one time, without their own consent or the special 
command of the crown. 

• members' ALLOWANCE 

That the members of the Grand Council shall be allowed for their 
service ten shillings sterling per diem during their session and jour- 
ney to and from the place of meeting ; twenty miles to be reckoned a 
day's journey. 

ASSENT OF PRESIDENT-GENERAL AND HIS DUTY 

That the assent of the President-General be requisite to all acts of 
the Grand Council, and that it be his oflSce and duty to cause them to 
be carried into execution. 

POWER OF PRESIDENT-GENERAL AND GRAND COUNCIL; TREATIES OF 

PEACE AND WAR 

That the President-General, with the advice of the Grand Coun- 
cil, hold or direct all Indian treaties in which the general interest of 
the colonies may be concerned ; and make peace or declare war with 
Indian nations. 

INDIAN TRADE 

That they make such laws as they judge necessary for regulating all 
Indian trade. 

INDIAN PURCHASES 

That they make all purchases, from Indians for the crown, of lands 
not now within the bounds of particular colonies, or that shall not be 
within their bounds when some of them are reduced to more con- 
venient dimensions. 



The Albany Plan— 1764 85 

:mvr settlements 

That they mike nevv settlements on such purchases, by granting 
lands in the King's name, reserving a quit-rent to the crown for the 
use of the genei al treasury. 

LAWS TO GOVERN THEM 

That they make laws for regulating and governing such new set- 
tlements till the crown shall think it fit to form them into particular 
governments. 

RAISE SOLDIERS AND EQUIP VESSELS, &C 

That they raise and pay soldiers and build forts for the defence of 
any of the colonies, and equip vessels of force to guard the coasts and 
protect the trade on the ocean, lakes, or great rivers ; but they shall 
not impress men in any colony without the consent of the legislature. 

POWER TO MAKE LAWS, LAY DUTIES, &C 

That for these purposes they have power to make laws, and lay and 
levy such general duties, imposts, or taxes as to them shall appear 
most equal and just (considering the ability and other circumstances 
of the inhabitants in the several colonies), and such as may be col- 
lected with the least inconvenience to the people ; rather discouraging 
luxurv than loading industry with unnecessary burthens. 

GENERAL TREASURER AND PARTICULAR TREASURER 

That they may appoint a General Treasurer and Particular Treas- 
urer in each government, when necessary ; and from time to time may 
order the sums in the treasuries of each government into the general 
treasury, or draw on them for special payments, as they find most 
convenient. 

MONEY, now TO ISSUE 

Yet no money to issue but by joint orders of the President-General 
and Grand Council; except where sums have been appropriated to 
particular purposes, and the President-General is previously em- 
powered by an act to draw such sums. 

ACCOUNTS 

That the general accounts shall be yearly settled and reported to 
the several Assemblies. 

QUORUM 

That a Quorum of the Grand Council, empowered to act with the 
President-General, do consist of twenty-five members, among whom 
there shall be one or more from a majority of the colonies. 



86 The Albany Plan— 1754 

LAWS TO BE TRANSMITTED 

That the laws made by them for the purposes aforesaid shall not be 
repugnant, but, as near as may be, agreeable to the laws of England, 
and shall be transmitted to the King in Council for approbation as 
soon as may be after their passing; and if not disapproved within 
three years after presentation, to remain in force. 

DEATH OF THE PRESIDENT-GENERAL 

That in ease of the death of the President-General, the Speaker of 
the Grand Council for the time being shall succeed, and oe vested 
with the same powers and authorities, to continue till the King's 
pleasure be known. 

OFFICERS, HOW APPOINTED 

That all military commission officers, whether for land or sea 
service, to act under this general constitution, shall be nominated b^ 
the President-General ; but the approbation of the Grand Council is 
to be obtained before they receive their commissions. And all civil 
officers are to be nominated by the Grand Council, and to receive the 
President-General's approbation before they officiate. 

VACANCIES, now SUPPLIED 

But in case of vacancy by death or removal of any officer, civil or 
military, under this constitution, the Governor of the province in 
which such vacancy happens may appoint, till the pleasure of the 
President-General and Grand Council can be known. 

Each Colony May Defend Itself On Emergency, &c. That the par- 
ticular military as well as civil establishments in each colony remain 
in their present state, the general constitution notwithstanding; and 
that on sudden emergencies any colony may defend itself, and lay the 
accounts of expense thence arising before the President-General and 
General Council, who may allow and order payment of the same, as 
far as they judge such accounts just and reasonable. 



Organic Laws 

State, Territorial, and Colonial 



87 



r ALABAMA'^ 

For organic acts Issued before 1817 relating to the land now included within 
the limits of Alabama, see in this worlv : 

Proprietary Charter of Carolina, lt563 (North Carolina, p. 2743). 
Proprietary Proposals. 1663 (North Carolina, p. 2753). 
Proprietary Charter of Carolina, 1665 (North Carolina, p. 2761). 
Fundamental Constitutions of Carolina, 1669 (North Carolina, p. 2772). 
Proprietary Charter of Georgia, 1732 (Georgia, p. 765). 
Constitution of South Carolina, 1776 (South Carolina, p. 3241). 
Constitution of Georgia, 1777 (Georgia, p. 777). 
Constitution of South Carolina, 1778 (South Carolina, p. 3248). 
Constitution of Georgia. 1789 (Georgia, p. 785). 
Territory South of Ohio RivQi-, 1790 (Tennessee, p. 3413). 
Territorial Government of Mississippi. 1798 (Mississippi, p. 2025). 
Territorial Government of Mississippi, 1800 (Mississippi, p. 2027). 
Territorial Government of Mississippi, 1808 (Mississippi, p. 2029). 
Proclamation respecting Occupation of Territory, 1810 (Louisiana, p. 
1375). 

TERRITORIAL GOVERNMENT OF ALABAMA— 1817 » 

[Fourteenth Congress, Second Session] 

An Act to establish a separate Territorial Government for the eastern part of 
the Mississippi Territory 

Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled^ That all that part 
of the Mississippi Territory which lies within the following bound- 
aries, to wit: Beginning at the point where the line of 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 to the State of Tennes- 
see, 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 northwest corner of Washington County, thence due 

«The area of the State of Alabama was ceded to the United States by the 
States of Georgia and South Carolina, and by Spain. A strip of land twelve 
miles wide, across the northern part of the State, and adjoining the southern 
boundary of the State of Tennessee, ceded by the State of South Carolina, was 
a portion of the Territory South of the river Ohio, afterward transferred to the 
Mississippi Territory. Tlie larger portion of the State, ceded by the State of 
Georgia, was a portion of the Mississippi Territorj'. The southwestern corner 
of the State, between the Perdido River and the State of Mississippi, and 
between the thirty-first parallel and the Gulf of Mexico, ceded by Spain, became 
a portion of the Mississippi Territory. 

6 For other statutes of an organic nature relating to Alabama subsequent 
to 1817, see the act to determine qualifications of officeholders, act of April 9, 
1818 ; to define jurisdiction of courts and require officers to take oath, April 20, 
1818. 

89 



90 Alabama— 1817 

south to the Gulf of Mexico, thence eastwardly, including all the 
islands within six leagues of the shore, to tlie Perdido Kiver, and 
thence up the same to the beginning; sliall, for the purpose of a tem- 
porarj'^ government, constitute a separate Territory, and be called 
"Alabama." 

Sec. 2. And be it further enacted^ That all offices which may exist, 
and all laws which may be in force, in said Territory, within the 
boundaries above described, at the time this act shall go into effect, 
shall continue to exist, and be in force, until otherwise provided by 
law. And the President of the United States shall have power to 
appoint a governor and secretary for the said Alabama Territory, 
Avho shall, respectively, exercise the same power, perform the same 
duties, and receive for their services the same compensation, as are 
provided for the governor and secretary of the Mississippi Territory : 
rrovided^ That the appointment of said governor and secretary shall 
be submitted to the Senate, for their advice and consent, at the next 
session of Congress. 

Sec. 3. And he it furtJier enacted^ That there shall be appointed an 
additional judge for the Mississippi Territory, who shall reside in 
the eastern part thereof, and receive the same compensation as the 
other judges; and that the judge appointed by virtue of an act, passed 
the twenty-seventh day of March, one thousand eight hundred and 
four, for the appointment of an additional judge for the Mississippi 
Territory, togetner with the judge appointed for Madison County, 
and the judge to be appointed by virtue of this act, shall possess and 
exercise exclusive original jurisdiction in the superior courts of AVash- 
ington, Baldwin, Clarke, Monroe, Montgomery, Wayne, (xreene, Jack- 
son, Mobile, Madison, and of such new counties as may be formed 
out of them, and shall arrange the same among themselves, from time 
to time: Provided^ That no judge sliall sit more than twice in suc- 
cession in the same court, and that the other judges of the Mississippi 
Territory shall exercise, as heretofore authorized by an act of Con- 
gress, or of the territorial legislature, exclusive jurisdiction in the 
superior courts of the other counties. That a general court, to be 
composed of the judge appointed by virtue of the act of twenty- 
seventh of March, one thousand eight hundred and four, the judge 
appointed for Madison County, and the judge to be appointed by vir- 
tue of this act, or any two of them, shall be liolden at Saint Stephens, 
commencing on the first Mondays in January and July, annually, who 
shall have the same power of issuing writs of error to the superior 
courts of the counties mentioned in this section, or which shall here- 
after be formed in the eastern division of the Territory, which was 
given by the act for the appointment of an additional judge, passed 
the year one thousand eight hundred and four, to the superior court 
of Adams district, and which shall possess, exclusively of the courts 
of the several counties, the Federal jurisdiction given to the superior 
courts of the Territories, by an act passed the third day of March, 
one thousand eight hundred and five, entitled "An act to extend juris- 
diction in certain cases to the territorial courts." 

Sec. 4. And he it further enacted^ That the governor, to be ap- 
pointed under the authority of this act, shall, immediately after 
entering into office, convene, at the town of Saint Stephens, such of 
the members of the legislative council and house of representatives 



Alabama— 1817 91 

of the Mississippi Territory, as may then be the representatives from 
the several counties within the limits of the Territory to be established 
by this act; and the said members shall constitute the legislative 
council and house of representatives for the aforesaid Alabama Terri- 
tory, whose powers, in relation to the said Territory, shall be, until 
the expiration of the term for which they shall have been chosen, or 
until Congress shall otherAvise provide, the same, in all respects, as 
are now possessed by the legislative council and house of representa- 
tives of the Mississippi Territory; and the said legislative council 
and house of representatives of the Alabama Territory, so formed, 
shall have power to nominate six persons to the President of the 
United States, three of Avhom shall be selected by him for members 
of the legislative council, in addition to the number which the said 
Territory may possess agreebly to the foregoing provisions of this 
section. The said legislative council and house of representatives 
shall also have power to elect a Delegate to Congress, who shall, in 
all respects, possess the same rights and immunities as other Delegates 
from Territories of the United States. 

Sec. 5. And he it further enacted, That this act shall commence and 
be in force so soon as the convention, the appointment whereof has been 
authorized by Congress at their jd resent session, shall have formed a 
constitution and State government for that part of the Mississippi' 
Territory lying west of the Territory herein described ; of which act 
of convention the governor of the Mississippi, for the time being, 
shall give immediate notice to the President of the United States, 
who shall thereupon forthwith proceed to the execution of the powers 
vested in him by the second section of this act ; but in case said con- 
vention shall fail to form a constitution and State government, as 
aforesaid, then this act shall become null and void, except so far as 
relates to the third section thereof, Avhich shall take effect, and be in 
force, from and after the passage of this act. 

Sec. 6. And he it further enacted, That all persons who shall be in 
office, within the Territory hereby established, when the said conven- 
tion shall have formed a constitution and State government, as afore- 
said, shall continue to hold and exercise their offices, in all respects, 
as if this act had never been made ; and the governor and secretary 
of the Mississippi Territory, for the time being, shall continue to 
exercise the duties of their respective offices, in relation to the Terri- 
tory hereby established, until a governor and secretary shall be ap- 
pointed therefor, in pursuance to this act. 

Sec. 7. Ayid he it further enacted, That all judicial process in the 
said Territory of Alabama shall be issued, and bear test, as hereto- 
fore; nor shall any suit be discontinued, or the proceedings of any 
cause stayed, or in any wise affected, by anything contained in this 
act, or in the act entitled "An act to enable the people of the western 
part of the Mississippi 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." 

Sec. 8. And he it further enacted, That the town of Saint Stephens 
shall be the seat of government for the said Alabama Territory, until 
it shall be otherwise ordered by the legislature thereof. 

Sec. 9. And he it further enacted. That whatever balance may 
remain in the treasury of the Mississippi Territory, at the time when 



92 Alabama— 1819 

the convention authorized to form a constitution and State govern- 
ment for the western part of said Territory, may have formed a con- 
stitution and State government for the same, shall be divided between 
the new State and Territory, according to the amount which may have 
been paid into said treasury from the counties lying within the limits 
of such State and Territory respectively. 
Approved March 3, 1817. 

TREATY WITH SPALN CEDING FLORIDA— 1819 
[See " Florida," page 649.] 

ENABLINO ACT EOR ALABAMA— 1819 

[Fifteenth Congbess, Second Session.] 

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 Union on 
an equal footing with the original States. 

Be it enacted by the Senate and House of Representatives of the 
'United States of America in Congress assembled, That the inhabit- 
ants of the Territory of Alabama be, and they are hereby, author- 
ized to form for themselves a constitution and State government, and 
to assume such name as they may deem proper; and that the said 
Territory, when formed into a State, shall be admitted into the 
Union, upon the same footing with the original States, in all respects 
whatever. 

Sec. 2. And be it further enacted, That the said State shall con- 
.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 northwest 
corner of Washington County; thence, due south, to the Gulf of 
Mexico; thence, eastwardly, including all islands within six leagues 
of the shore, to the Perdido River; and thence, up the same, to the 
beginning. 

Sec. 3. And be it further enucted, That it shall be the duty of the 
surveyor of the lands of the United States south of the State of 
Tennessee, and the surveyor of the public lands in the Alabama Terri- 
tory, to run and cut out the line of demarcation, between the State 
of Mississippi and the State to be formed of the Alabama Terri- 
tory ; and if it should appear to said surveyors that so much of said 
line designated in the preceding section, running due south, from 
the northwest corner of Washington County to the Gulf of Mexico, 
will encroach on the counties of Wayne, Greene, or Jackson, in said 
State of Mississippi, then the same shall be so altered as to run in 
a direct line from the northwest corner of Washington County to a 
point on the Gulf of Mexico, ten miles east of the mouth of the 
river Pascagola. 



Alabama — 1819 93 

Sec. 4. And be it further enacted, That all white male citizens of 
the United States, who shall have arrived at the age of twenty-one 
years, and have resided in said Territory three months previous to 
the 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 : 

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 Tuscaloosa, two repesentatives. 

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 Clark, two representatives. 

From the county of Baldwin, one representative. 

From the county of Cawhauba, one representative. 

From the county of Conecah, 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 Saint Clair, one representative. 

From the county of Autauga, one representative. 

And the election for the representatives aforesaid shall be holden 
on 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. 

Sec. 5. A^id he it f mother enacted, That the members of the con- 
vention, 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 
time, to form a constitution and State government for the people 
within the said Territory; And if it be determined to be expedient, 
the convention shall be, and hereby are, authorized to form a consti- 
tution and State government : Provided, That the same, when formed 
shall be republican, and not repugnant to the principles of the ordi- 
nance of the thirteenth of July, one thousand seven hundred and 
eighty-seven, between the people and States of the territory north- 
west of the river Ohio, so far as the same has been extended to the 
yaid territory, by the articles of agreement between the United States 
and the State of Georgia, or of the Constitution of the United States. 

Sec. 6. And he it further enacted, That the following propositions 
be, and the same are hereby, oflfered to the convention of the said Ter- 
7251— VOL 1—07 9 



94 Alabama— IS W 

ritory of Alabama, when formed, for their free acceptance or rejec- 
tion, which, if accepted by the convention, shall be obligatory upon 
the United States. 

First. That the section numljered sixteen in every township, and 
when such section has been sold, granted, or disposed of, other lands 
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 
lands reserved for the use of the same, together with such other lands 
as may, by the President of the- United States, be deemed necessary 
and proper for working the said salt-springs, not exceeding in the 
whole the quantity contained in thirty-six entire sections, shall Ix^ 
granted to the saia State, for the use of the people of the said State, 
the same to be used, under such terms, conditions, and regulations, as 
the legislature of the .said State shall direct: Prot^ided, The said 
legislature shall never sell nor lease the same for a longer term than 
ten years at any one time. 

Third. That five per cent, of the net proceeds of the lands Iving 
within the said Territory, and which shall be sold by Congress, ^rom 
and after the first day of September, in the year one thousand eight 
hundred and nineteen, after deductini? all expenses incident to the 
same, shall be reserved for making public roads, canals, and inprov- 
ing the navigation of rivers, of which three-fifths shall be applied to 
those objects within the said State, under the direction of the legis- 
lature thereof, and two-fifths to the making of a road or roads lead- 
ing to the said State, under the direction of Congress. 

Fourth. That thirty-six sections, or one entire township, to be des- 
ignated by the Secretary of the Treasury, under the direction of the 
President of the United States, together with the one heretofore 
reserved for that purpose, shall be reserved for the use of a seminary 
of learning, and vested in the legislature of the said State, to be 
appropriated solely to the use of such seminary bv the said legislature. 
And the Secretary of the Treasury, under the direction as aforesaid, 
may reserve the seventy-two sections, or two townships, hereby »set 
apart for the support oi a seminary of learning, in small tracts: Pro- 
vided, That no tract shall consist of less than two sections : And pro- 
vided always, That the said convention shall provide, by an ordinance 
irrevocable without the consent of the United States, that the people 
inhabitating the said Territoiy, do agree and declare that they forever 
disclaim all right and title to the waste or unappropriated lands lying 
within the said Territory; and that the same shall be and remain at 
the sole and entire disposition of the Ignited States; and, moreover, 
that each and every tract of land sold by the United States, after the 
first day of September, in the year one thousand eight hundred and 
nineteen, shall be and remain exempt from any tax laid by the order, 
or under the authority, of the State, whether :for State, county, town- 
ship, parish, or any other purpose whatever, for the term of five years, 
from and after the respective days of the sales thereof ; and that the 
lands belonging to citizens of the United States, residing without the 
said State, shall never be taxed higher than the lands belonging to 
persons residing therein ; and that no tax shall be imposed on lands, 
the' property of the United States; and that all navigable waters 
within the said State shall forever remain public highways, free to the 



Alabama— 1819 95 

citizens of said State and of the United States, without any tax, duty, 
impost, or toll, therefor, imposed by the said State. 

Sec. 7. And be it furilier enacted^ That, in lieu of a section of land, 
provided to be reserved for the seat of government of the said Terri- 
tory, 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 Avhich heretofore has been reserved from the 
public sale, by order of the President of the United States. 

Sec. 8. And he it further enacted^ That, until the next general cen- 
sus shall be taken, the said State shall be entitled to one llepresenta- 
tive in the House of Representatives of the United States. 

Sec. 9. And he it further enacted^ That, in case the said convention 
shall form a constitution and State government for the people of the 
Territory of Alabama, the said convention, as soon thereafter as may 
be, shall cause a true and attested copy of such constitution or frame 
of government as shall be formed or provided, to be transmitted to 
Congress, for its approbation. 

Approved, March 2, 1819. 

RESOLUTION FOR THE ADMISSION OF ALABAMA— 1819 

[Sixteenth Congbess, First Session] 
Resolution declaring the admission of the State of Alabama into the Union. 

Whereas, in pursuance of an act of Congress, passed on the second 
day of March, one thousand eight hundred and nineteen, entitled 
"An act to enable the people of the Alabama territory to form a con- 
stitution and state government, and for the admission of such state 
into the Union on an equal footing with the original States," the peo- 
ple of the said territory did, on the second day of August, in the 
present year, by a convention called for that purpose, form for them- 
selves a constitution* and state government, which constitution and 
state government, so formed, is republican, and in conformity to the 
principles of the articles of compact between the original states and the 
people and states in the territory northw^est of the river Ohio, passed 
on the thirteenth day of July, one thousand seven himdred and 
eighty-seven, so far as the same have been extended to the said terri- 
tory by the articles of agreement between the United States and the 
state of Georgia: — 

Resolved hy the Senate and House of Representatives of the United 
States of America^ in Congress assembled, That the State of Alabama 
shall be one, and is hereby declared to be one,' of the United States 
of America, and admitted into the Union on an equal footing with 
the original states, in all respects whatever. 

Approved, December 14, 1819. 



96 Alabama— 1819 



CONSTITUTION OF ALABAMA— 1819 * 

We, the people of the Ahibania Tenitoiy, having the right of ad- 
mission into the (Jeneral (Jovernment, as a member of the Union, 
consistent with the Constitution and laws of the United States, by 
our representatives, assembled in convention at the town of Hunts- 
ville, on Monday, the fifth day of July, one thousand eight hundred 
and nineteen, in pursuance oi an act of Congress, entitled "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;" in order to 
establish justice, insure tranquility, provide for the common defence, 
promote the general welfare, and secure to ourselves and our posterity 
the rights of life, liberty, and property, do ordain and establish the 
following constitution or form of government ; and do mutually 
agi'ee with each other to form ourselves into a free and independent 
State, by the name of " the State of Alabama." And we do hereby 
recognize, confirm, and establish the boundaries assigned to said 
State by the act of Congress aforesaid, "to wit: Beginning at the 
point where the thirtj^-first degi'ee 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 northwest corner of Washington 
County; thence, due south, to the Gulf of Mexico; thence, eastwardly, 
including all islands within six leagues of the shore, to the Perdido 
River; and thence, up the same, to the beginning" — subject to such 
alteration as is provided in the third section of said act of Congress, 
and subject to such enlargement as may be made by law, in conse- 
quence of any cession of territory by the United States, or either of 
them. 

Article I 

DECLARATION OF RIGHTS 

That the general, great, and essential principles of liberty and free 
government nuiy be recognized and established, we declare: 

Section 1. That all freemen, when they forin'a social compact, are 
equal in rights; and that no man or set of men are entitled to exclu- 
sive, separate public emoluments or privileges, but in consideration 
of public services. 

Sec. 2. All political power is inherent in the people, and all free 
governments are founded on their authority, and instituted for their 
Iwnefit : anl, therefore, they ha^e at all times an inalienable and inde- 
feasible right to alter, reform, or abolish their form of government, 
in such manner as they may think expedient. 

* Verifietl by " The Constitution of Alabama of 1810, with amendments." in 
The Code of Alaltania. prepareil l>y Ormond. Bajjity and Goldthwaite, Notes 
and Index by Semple. Montgomery, Ala. Printed by Britton and Dewolf, 
State Printei-s. 1852." pp. 28-49. 

This Constitution was franie<l by a convention which met July 5, 1819, and 
adjourned August 2, 1819. It was submitted to the i)eople. 



Alabama— 1819 97 

Sec, 3. No person within this State shall, upon any pretence, be 
deprived of the inestimable privilege of worshipping God in the 
manner most agreeable to his own conscience; nor be compelled to 
attend any place of worship; nor shall any one ever be obliged to 
pay any tithes, taxes, or other rate, for the building or repairing any 
place of worship, or for the maintenance of any minister or ministry. 

Sec. 4. No human authority ought, in any case whatever, to con- 
trol or interfere with the rights of conscience. 

Sec. 5. No person shall be hurt, molested, or restrained in his relig- 
ious profession, sentiments, or persuasions, provided he does not dis- 
turb others in their religious Avorship. 

Sec. 6. The civil rights, privileges, or capacities of any citizen, 
shall in no way be diminished or enlarged, on account of his religious 
principles. 

Sec. 7. There shall be no establishment of religion by law ; no pref- 
erence shall ever be given by law to any religious sect, society, denom- 
ination, or mode of worship; and no religious test shall ever be 
required as a qualification to any office or public trust under this 
State. 

Sec. 8. Every citizen may freely speak, write, and publish his 
sentiments on all subjects, being responsible for the abuse of that 
liberty. 

Sec. 9. The people shall be secure in their persons, houses, papers, 
and possessions, from unreasonable seizures or searches; and no war- 
rant to search any place, or to seize any person or thing, shall issue 
without describing them as nearly as may be, nor without j^robable 
cause, supported by oath or affirmation. 

Sec. 10. In all criminal prosecutions, the accused has a right to be 
heard by himself and counsel; to demand the nature and cause of 
the accusation, and have a copy thereof; to be confronted by the 
witnesses against him ; to have compulsory process for obtaining 
witnesses in his favor; and, in all prosecutions, by indictment or 
information, a speedy public trial by an impartial jury of the county 
or district in which the offence shall have been committed; he shall 
not be comjielled to give evidence against himself, nor shall he be 
deprived of his life, liberty, or property, but by due course of law. 

Sec. 11. No person shall be accused, arrested, or detained, except in 
cases ascertained by law, and according to the forms which the same 
has prescribed; and no person shall be punished, but in virtue of a 
law, established and promulgated prior to the offence, and legally 
applied. 

Sec. 12. No person shall, for any indictable offence, be proceeded 
against criminally, by information; except in cases arising in the 
land and naval forces, or the militia when in actual service, or, by 
leave of the court, for oppression or misdemeanor in office. 

Sec. 13. No person shall, for the same offence, be twice put in 
jeopardv of life or limb; nor shall any person's property he taken 
or applied to public use, unless just compensation be made therefor. 

Sec. 14. All courts shall be open, and every person, for an injury 
done him, in his lands, goods, person, or reputation, shall have rem- 
edy by due course of law, and right and justice administered, without 
sale, denial, or delay. 

Sec. 15. No power of suspending laws shall be exercised, except by 
the general assembly, or its authority. 



98 Alabama— 1819 

Sec. 16. Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel punishments inflicted. 

Sec. 17. All persons shall, before conviction, be bailable by suffi- 
cient securities, except for capital offences, when the proof is evident, 
or the presumption great ; and the privilege of the writ of habeas 
corpus shall not be suspended, unless when, in cases of rebellion or 
invasion, the public safety may require it. 

Sec. 18. The person of a debtor, when there is not strong presump- 
tion of fraud, shall not be detained in prison, after delivering up his 
estate for the benefit of his creditors, in such manner as shall be i)re- 
scribed by law. 

Sec. 19. No ex post facto law, nor law impairing the obligation of 
contracts shall be made. 

Sec. 20. No person shall be attainted of treason or felony by the 

feneral assembly. No attainder shall work corruption of blood, nor 
orfeiture of estate. 

Sec. 21. The estates of suicides shall descend or vest as in cases of 
natural death; if any person shall be killed by casualty, there shall 
be no forfeiture by reason thereof. 

Sec. 22. The citizens have a right, in a peaceable manner, to assem- 
ble together for their common good, and to apply to those invested 
with the powers of government for redress of grievances, or other 
proper purposes, by petition, address, or remonstrance. 

Sec. 23. P]very citizen has a right to bear arms in defence of him- 
self and the State. 

Sec. 24. No standing army shall be kept up without the consent of 
the general assemblv; and, in that case, no appropriation of money 
for its support shall be for a longer term than one year; and the 
military shall, in all cases, and at all times, be in strict subordination 
to the civil power. 

Sec. 25. No soldier shall, in time of peace, be quartered in any 
house, without the consent of the owner; nor in time of Avar, but in 
a manner to be prescribed by law. 

Sec. 2G. No title of nobility, or hereditary distinction, privilege, 
honor, or emolument, shall ever be granted or conferred in this State; 
nor shall any office be created, the appointment of which shall be 
for a longer term than during good behavior. 

Sec. 27. Emigration from this State shall not be prohibited, nor 
shall any citizen be exiled. 

Sec. 28. The right of trial by jury shall remain inviolate. 

Sec. 29. No person shall be debarred from prosecuting or defend- 
ing any civil cause, for or against him or herself, l>efore any tribunal 
in this State, by him or herself, or counsel. 

* Sec. 30. This enumeration of certain rights shall not be construed 
to deny or disparage others retained by the people; and to guard 
against any encroachments on the rights herein retained, or any trans- 
gression of any of the high powers herein delegated, we declare, that 
everything in this article is excepted out of the general powers of 
government, and shall forever remain inviolate; and that all laws 
contrary thereto, or to the following provisions, shall remain void. 



Alabama— 1819 99 

Article II 

DISTRIBUTION OF POWERS 

Section 1. The powers of the government of the State of Alabama 
shall be divided into three distinct departments; and each of them 
confided to a separate body of magistracy, to wit: Those which are 
legislative, to one; those which are executive, to another; and those 
which are judicial, to another. 

Sec. 2. No person, or collection of persons, being of one of those 
departments, shall exercise any power properly belonging to either 
of the others, except in the instances hereinafter expressly directed 
or permitted. 

Article III 

TiEGISLATIVE DEPARTMENT 

Section 1. The legislative power of this State shall be vested in 
two distinct branches: the one to be styled the Senate, the other the 
House of Representatives, and both together " the General Assembly 
of the State of Alabama ; " and the style of their laws shall be, ^"Be 
it enacted hy the seriate and house of representatives of the State of 
Alabama^ in general assembly convened." 

" Sec, 2. The members of the House of Representatives shall be 
chosen by the qualified electors, and shall serve for the term of [one 
year] from the day of the commencement of the general election, and 
no longer. 

" Sec. 3. The representatives shall be chosen [every year] on the 
first Monday and the day following in August, until otherwise 
directed by law. 

Sec. 4. No person shall be a representative, unless he be a white 
man, a ci^zen of the United States, and shall have been an inhabitant 
of this State two years next preceding his election, and the last year 
thereof a resident of the county, city, or town, for which he shall be 
chosen, and shall have attained the age of twenty-one years. 

Sec. 5. Every white male person of the age of twenty-one years, 
or upward, who shall be a citizen of the United States, and shall have 
resided in this State one year next preceding an election, and the last 
three months within the county, city, or town, 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, 
shall be entitled to vote at any election in this State; And provided., 
also., That no elector shall be entitled to vote except in the county, 
city, or town (entitled to separate representation) in which he may 
reside at' the time of the election. 

Sec. 6. Electors shall, in all cases except in those of treason, felony, 
or breach of the peace, be privileged from arrest during their attend- 
ance at elections, and in going to and returning from the same. 

Sec. 7. In all elections by the people, the electors shall vote by bal- 
lot, until the general assembly shall otherwise direct. 

'•This section was amended in 1846. 



100 Alabama— 1819 

Sec. 8. Elections for representatives for the several counties sliall 
Ix; held at the place of holding: their resjiective courts, and at such 
other places as may be prescribed by law : Prorided, That Avhen it 
shall ai)pear to the general assembly that any city or town shall have 
a number of white inhabitants equal to the ratio then fixed, such city 
or town shall have a separate representation, according to the number 
of white inhabitants therein; which shall l)e retained so long as such 
city or town shall contain a number of white inhabitants equal to the 
ratio which may from time to time be fixed by law; and thereafter, 
and during the existence of the right of s<'parate representation, in 
such city or town, elections for the county in which such city or town 
(entitled to such separate repre^sentation ) is situated, shall not be 
held in such city or town ; but it is understood, and hereby declared, 
that no city or town shall be entitled to separate representation, unless 
the numl)er of white inhabitants in the county in which such city or 
town is situated, residing out of the limits of said city or town, be 
equal to the existing ratio; or unless the residuum or fraction of such 
city or town shall, when added to the white inhabitants of the county 
residing out of the limits of said city or town, be equal to the ratio fixed 
by law for one representative: And prorided, That if the residuum 
or fraction of anv city or town, entitled to separate representation, 
shall, when added to tlie residuum of the county in which it may lie, 
be equal to the ratio fixed by law for one representative, then the 
aforesaid county, city, or town, having the largest residuum, shall Ix' 
entitled to such representation: And provided, also, That when there 
are two or more counties adjoining, which have residuums or fractions 
over and above the ratio then fixed by law. if said residuums or 
fractions, when added together, will amount to such ratio, in that 
case one representative shall be added to that county having the larg- 
est residuum. 

[Sec. 9." The general assembly shall, at their first meeting, and in 
the years one thousand eight hundred and twenty, one thousand eight 
hundred and twenty-three, one thousand eight hundred and twenty- 
six, and every six years thereafter, cause an enumeration to he made 
of , all the inhabitants of the State, and the whole number of the rep- 
resentatives shall, at the first session held after making every such 
enumeration, be fixed by the general assembly, and apportioned among 
the several counties, cities, or towns, entitled to separate representa- 
tion, according to their respective numbers of white inhabitants; and 
the said apportionment, when made, shall not be subject to alteration, 
until after the next census shall he taken. The house of representa- 
tives shall not consist of less than forty-four, nor more than sixty 
members, until the number of white inhabitants shall be one hundred 
thousand; and after that event, the whole number of representatives 
shall never he less than sixty, nor more than one hundred: Pro- 
rided, howerer. That each county shall he entitled to at least one 
representative.] 

Sec, 10. The general assembly shall, at the first session after mak- 
ing every such enumeration, fix by law the whole number of senators, 
and shall divide the State into the same number of districts, as nearly 
egual. in the numl)er of Avhite inhabitants, as may be, each of which 
districts shall be entitled to one senator and no more: Provided, That 



« This section was nniendefl In 1850. 



Alabama— 1819 101 

the whole number of senators shall never be less than one-fourth, nor 
more than one-third of the whole number of representatives. 

Sec. 11. When a senatorial district shall be composed of two or 
more counties, the counties of which such district consists, shall not bo 
entirely separated by any county belonging to another district ; and no 
county shall be divided in forming a district. 

Sec. 12. Senators shall be chosen by the qualified electors, for the 
term of three years, at the same time, in the same manner, and at the 
same places, where they may vote for members of the house of repre- 
sentatives; and no person shall be a senator, unless he be a white man, 
a citizen of the United States, and shall have been an inhabitant of 
this State two years next preceding his election, and the last year 
thereof a resident of the district for which he shall be chosen, and 
shall have attained to the age of twenty-seven years. 

" I Sec, 18, The senators chosen according to the apportionment 
under the census ordered to be taken in one thousand eight hundred 
and twenty-six, when convened, shall be divided by lot into three 
classes, as nearly equal as may be. The seats of the senators of the 
first class shall be vacated at the expiration of the first year, those of 
the second class at the expiration of the second year, and those of the 
third class at the expiration of the third year, so that one-third may be 
annuall}'^ chosen thereafter, and a rotation thereby kei)t up perpetu- 
ally. Such mode of classifying new additional senators shall be 
observed as will, as nearly as possible, preserve an equality of mem- 
bers in each class.] 

Sec. 14. The house of representatives, when assembled, shall 
choose a speaker, and its other officers; and the senate shall, annu- 
ally, choose a president, and its other officers; each house shall judge 
of the qualifications, elections, and returns, of its own members: but 
a contested election shall be determined in such manner as shall be 
directed by law. 

Sec. 15. A majority of each house shall constitute a quorum to do 
business, but a smaller number may adjourn from day to day, and 
may compel the attendance of absent members, in such manner, and 
under such penalties, as each house may provide. 

Sec, IC). Each house may determine the rules of its own proceed- 
ings, punish members for disorderly behavior, and, with the consent 
of two-thirds, expel a member; but not a second time for the same 
cause ; and shall have all other powers necessary for a branch of the 
legislature of a free and independent State. 

Sec, 17. Each house, during the session, may punish, by imprison- 
ment, any person, not a member, for disrespectiul or disorderly be- 
havior in its presence, or for obstructing any of its proceedings: 
Provided, That such imprisonment shall not, at any time, exceed 
forty-eight hours. 

Sec, 18. Each house shall keep a journal of its proceedings, and 
cause the same to be published immediately after its adjournment, ex- 
cepting such parts as, in its judgment, may require secrecy; and the 
yeas and nays of the members of either house, on any question, shall, 
at the desire of any two members present, be entered on the journals. 
Any member of either house shall have liberty to dissent from, or 
protest against, any act or resolution which he may think injurious 

« This section was amended in 1840 and again in 18.50. 



102 Alabama— 1819 

to the public or an individual, and have the reasons of his dissent 
entered on the journals. 

Sec. 19. Senators and representatives shall, in all cases, except 
treason, felony, or breach of the peace, be privileged from arrest, dur- 
ing 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 j)lace at which the general assemblv is convened; 
nor shall any memlier be liable to answer for anything spoken in 
debate in either house, in any court or place elsewhere. 

Sec. 20. When vacancies happen in either house, the governor, or 
the person exercising the powers of the governor, shall issue writs of 
election to fill such vacancies. 

Sec. 21. The doors of each house shall be open, except on such oc- 
casions, as, in the opinion of the house, may require secrecy. 

Sec. 22. 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. 23. 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 on three several days it be read in each house, and free 
discussion be allowed thereon, unless, in case of urgency, four-fifths 
of the house in which the bill shall Iw, depending may deem it ex- 
pedient to dispense with this rule: and every bill, having passed 
both houses, shall be signed by the sj)eaker and president of their 
respective houses: Provided^ That all bills for raising revenue 
shall originate in the house of representatives, but the senate may 
amend or reject them, as other bills. 

Sec. 24. 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. 25. No senator or representative shall, during the term for 
which he shall have been elected, be appointed to any civil office of 
profit under this State, which shall have been created, or the emolu- 
ments of which shall have been increased, during such term, except 
such offices as may be filled by elections by the people. 

Sec. 26. No person holding any lucrative office under the United 
States (the office of postmaster excepted), tliis State, or anv other 
power, shall be eligible to the general assembly: Provided, That 
the offices in the militia to which there is attached no annual salary, 
or the office of justice of the peace, or that of the quorum, or county 
court, Avhile it has no salary, shall not be deemed lucrative. 

Sec. 27. No person, who may hereafter be a collector or holder 
of public moneys, shall have a seat in either house of the general 
assembly, or he. eligible to any office of trust or profit under this 
State, until he shall have accounted for, and paid into the treasury, 
all sums for which he may be accountable. 

Sec. 28. The first election for senators and representatives shall 
be general throughout the State; and shall be held on the third 
Monday and Tuesday in Septeml)er next. 

[Sec. 29." The first session of the general assembly shall commence 
on the fourth Monday in October next, and be held at the town of 

«Thl8 section was .-uiiended In 184G. 



Alabama— 1819 103 

Huntsville, and all subsequent sessions at the town of Cahawba, 
until the end of the first session of the general assembly to be held 
in the year one thousand eight hundred and twenty-five ; during that 
session the general assembly shall have power to designate by law 
(to Avhich the executive concurrence shall not be required) the per- 
manent seat of government, which shall not thereafter be changed : 
Provided, however, That unless such designation be then made by 
law, the government shall continue permanently at the town of 
Cahawba; And provided also, That the general assembly shall make 
no appropriations, previous to the year one thousand eight hundred 
and twenty-five, for the building of any other State-house than that 
now provided for by law.] 

Article IV 

EXECUTIVE DEPARTMENT 

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 when 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 office for the term of two years 
from the time of his installation, and until his successor shall be duly 
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, shall be 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. He shall, at stated times, receive a compensation for his 
services, which shall not be increased or diminished during the term 
for which he shall have been elected. 

Sec. 6. He 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. 7. He may require information in writing from the officers of 
the executive department, on any subject relating to the duties of their 
respective offices. 

Sec. 8.<* He may, by proclamation, on extraordinary occasions, con- 
vene the general assembly at the seat of government, or at a different 
place, if that shall have become, since their last adjournment, dan- 
gerous from an enemy, or from contagious disorders; in case of dis- 

"This section was aiiieiuled in 1840, 



104 Alabama- 1819 

agreement between the two houses, with resi>ect to the time of adjourn- 
nieiit, he may adjourn them to such time as he shall think proper, not 
Ixwond the day of the next [annual] meeting of the general assembly. 

Sec. J). lie shall, from time to time, give to the general assembly 
information of the state of the government, and reconmiend to their 
consideration such measures as he may deem expedient. 

Sec. 10. He shall take care that the laws be faithfully executed. 

Sec. 11. In all criminal and penal cases, except in those of treason 
and impeachment, he shall have power to grant reprieves and par- 
dons, and remit fines and forfeitures, under such rules and regidations 
as shall be prescribed by law. In cases of treason he shall have 
power, by and Avith the advice and consent of the senate, to grant 
reprieves and pardons; and he may, in the recess of the senate, respite 
the sentence until the end of the next session of the general assembly. 

Sec. 12. There shall be a seal of this State, which shall be kept by 
the governor, and used by him officially, and the present seal of the 
Territory shall l)e the seal of the State, until otherwise directed by 
the general assembly. 

Sec. 13. All connnissions shall be in the name and by the authority 
of the State of Alabama, be sealed with the State seal, signed by the 
governor, and attested by the secretary of state. 

Sec. 14. There shall be a secretary of state, appointed by joint vote 
of both houses of the general assembly, who shall continue in office 
during the term of two years. He shall keep a fair register of all 
official acts and proceedings of the governor, and shall, when required, 
lay the same, and all papers, minutes, and vouchers relative thereto, 
before the general assembly; and shall perform such other duties as 
may be required of him by law. 

Sec. 15. Vacancies that may happen in offices, the appointment to 
which is vested in the general assembly, shall be filled b}' the governor, 
during the recess of the general assembly, by granting commissions 
which shall expire at the end of the next session. 

Sec. If). 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 shall have originated, who shall enter the objections 
at lar^e upon the journals, and proceed to reconsider it; if, after such 
reconsideration, a majority of tlie 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 de- 
termined by yeas and nays; and the names of the memlx?rs voting for 
or against the bill shall be entered on the journals of each house re- 
spectively: 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. 

Sec. 17. Every order, resolution, or vote, to which the concurrence 
of both houses may be necessary, except on questions of adjournment, 
shall be presented to the governor, and, before it shall take effect, be 
approved by him, or being disapproved, shall be repassed by both 



Alabama— 1819 105 

houses, according to the rules and limitations prescribed in the cases 
of a bill. 

Sec. 18. In case of the impeachment of the governor, his removal 
from office, death, refusal to qualify, resignation, or absence from the 
State, the j^resident of the senate shall exercise all the power and 
authority 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 gov- 
ernor to fill such vacancy, or until the governor absent or impeached 
shall return or be acquitted. 

Sec. 19. If, during the vacancy of the office of governor, the presi- 
dent of the senate shall bo 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 govem- 
ment. 

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

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

Sec. 22. No person shall hold the office of governor, and any other 
office or commission, civil or military, either in this State, or under 
any State, or the United States, or any other power, at one and the 
same time. 

Sec\ 23. A State treasurer and a comptroller of public accounts 
shall be annually elected, by a joint vote of both houses of the general 
assembly. 

Sec. 24. 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 who shall not be eligible to serve either 
as principal or deputy for the three succeeding years. Should a 
vacancy occur subsequent to an election, it shall be filled by the gov- 
ernor, 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 con- 
tinue in office three years. 

MILITIA 

Section 1. The general assembly shall provide by law for organ- 
izing 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 per- 
sonal service. 

Sec. 3. The governor shall have power to call forth the militia to 
execute the laws of the State, to suppress insurrections, and to 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 gen- 



1()() Alabama— 1819 

eral assembly shall not make any such elections or appointments, 
other than those of adjutants-general and quartermasters-general. 

Sec. 5. The governor shall appoint his aides-de-camp; major-gen- 
erals, their aides-de-camp, and all other division and statf-officei-s; 
brigadier-generals shall appoint their aides, and all other brigade 
staff-officers; and colonels shall jippoint their regimental staff-officers. 

Skc. (i. The general assembly shall fix by law the method of divid- 
ing the militia into brigades, regiments, battalions, and companies, 
and shall fix the rank or all staff-officei-s. 



Aktk'lk V 

, JllDlCIAI. DEl'AKTMENT 

Section 1. The judicial power of this State shall 1x5 vested in one 
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. 

Sec. 2. The supreme court, except in cases otherwise directed by 
this constitution, shall have appellate jurisdiction only, which shall 
l)e co-extensive with the State, under such restrictions and regula- 
tions, 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, ninnduiniiH, quo vmrranto, haheas 
corpuH, and such other remedial and original writs as may Ixi neces- 
sary to give it a general superintendence and control of inferior 
jurisdictions. 

Sec. 3. Until the general assembly shall otherwise prescribe, the 
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 : /*;•(?- 
rided. That no judge of the supreme court shall lie appointed before 
the commencement of the first session of the general assembly, which 
shall be Ix^gun and held after the first day of January, in the year one 
thousand eight hundred and twenty-five. 

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

Sec. 5. The State shall be divided into convenient circuits, and 
each circuit 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 ne may 
be appointed. 

Sec. (5. The circuit court shall have original jurisdiction in alf 
matters, civil and criminal, within this State, not otherwise excepted 
in this constitution ; but in civil cases, only when the matter or smn 
in controversy exceeds fifty dollars. 

Sec. 7. A circuit court shall Ije held in each county in the State, at 
least twice in everv year, and the judges of the several circuit courts 
mav hold courts for eacli other, when they may deem it expedient, 
and shall do so when directed by law. 



Alabama— 1819 107 

Sec. 8. The general assembly shall have power to establish a court 
or courts of chancery, with original and appellate equity jurisdiction ; 
and until the establishment of such court or courts, the said jurisdic- 
tion 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 or injunction, returnable into the courts of 
chancery. 

Sec, 9. The general assembly shall have power to establish, in each 
county within this State, a court of probate, for the granting of let- 
ters testamentary and of administration, and for orphans' business. 

Sec. 10. A competent number of justices of the peace shall be ap- 
pointed in and for each county, in such mode and for such term of 
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 ajjpeal shall be secured, under such rules and regu- 
lations as may be prescribed by law. 

Sec. 11. Judges of the supreme and circuit courts, and courts 
of chancery, shall, at stated times, receive for their services a com- 
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 
circuit courts, and judges of the inferior courts,] shall be elected by 
joint vote of both houses of the general assembly. 

[Sec. 13.^ The judges of the several courts in this State shall hold 
their offices during good behavior; and for wilful neglect of duty, 
or other reasonable cause, which shall not be sufficient ground for 
impeachment, the governor shall remove any of them, on the address 
of two-thirds of each house of the general assembly ; Provided, how- 
ever, That the cause or causes for which such removal shall be re- 
quired, 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 cir- 
cuit 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 behavior, 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 
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 

« This section was amended in 1850. 
b This section was amended in 18.30. 



108 Alabama— 1819 

such iimnner as may l)e prescribed by law ; and should a vacancy 
occur, subsequent to an election, it shall be filled by the judge or 
jud«j^es of the courts in which such vacancy exists; and the person so 
appointed shall hold his office until the next general election; /*ro- 
vuh'd, however^ That after the year one thousand eight hundred and 
twenty-six, the general assembly may prescribe a ditferent mode of 
appointment, but shall not make such a])pointment. 

Skc. IC). The judges of the supreme court shall, by virtue of their 
offices, be conservatoi-s 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. 

Skc. 17. The stvle of all process shall Ije 'T//^; State of JA//»^///m," 
and all prosecutions shall l)e carried on in the name and l)v the 
authority of the State of Alabama, and shall conclude '' against the 
I)eace and dignity of the same." 

Skc. 18. There shall l>e an attorney-general for the State, and as 
many solicitors as the general assembly may deem necessary, to l)e 
elected by a joint vote thereof, who shall hold their offices for the 
term of four veal's, and shall receive for their services a compensation, 
which shall not be diminished during their continuance in office. 

IMPEACHMENTS 

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

Sec. 2. All impeachments shall be tried by the senate : w hen sitting 
for that purpose, the senators shall be on oath or affirmation ; and no 
person shall be convicted without the concurrence of two-thirds of 
the members present. 

Sec. 3. The governor and all civil officers shall be liable to impeach- 
ment for any misdemeanor in office; but judgment in such cases shall 
rot 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. 

Article VI 

GENERAL PROVISIONS 

Sectiox 1. The members of the general assembly, and all officers, 
executive and judicial, before they enter on the execution of their 
respective offeces, 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 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 
, according to law : So help me God. 

Sec. 2. Treason against the State shall consist only in levying war 
against it, or in adhering to its enemies, giving them aid and comfort. 
>io person shall be convicted of treason unless on the testimony of 
two witnesses to the same overt act, or his own confession in open 
court. 



Alabama— 1819 109 

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

Sec. 4. P^very person shall be disqualified from holding any offi(.'e 
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, 
and from serving as jurors, those who shall hereafter be convicted of 
bribery, perjury, forgery, or other high crimes or misdemeanors. 
The privilege of free suffrage shall be supported by laws regulating 
elections, and prohibiting, under adequate penalties, all undue influ- 
ence thereon, from power, bribery, tumult, or other improper con- 
duct. 

Sec. (). In all elections by the general assembly, the members 
thereof shall vote viva voce, and the votes shall be entered on the 
journals. 

Sec. 7. No money shall be drawn from the treasury, but in conse- 
quence 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. 

Sec. 8. All lands liable to taxation in this State, shall be taxed in 
proportion to their value. 

Sec. 9. The general assembly shall direct, by law, in what manner, 
and in what courts, suits may be brought against the State. 

Sec. 10. 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 deduction. 

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

Sec. 12. No member of Congress, nor any person holding any 
office of profit or trust under the United States, (the office or post- 
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 
granted 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. 

Sec. 14. In prosecutions for the publishing of papers investigating 
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. 

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

Sec. 16. No new county shall be established by the general assem- 
bly, which shall reduce the county or counties, or either of them, from 
which it shall be taken, to a less content than nine hundred square 
miles; nor shall any county be laid off of less contents. Every new 
7251— VOL 1--07 10 



110 Alabama— 1819 

county, as to the rig^ht of sulFrage and representation, shall be con- 
sidered as a part of the county or counties from which it was taken, 
until entitled by numbers to the right of separate representation. 

Sec. 17. The general assembly shall, at their first session, which 
nuiy Ix' holden in the year eighteen hundred and twenty-eight, or at 
the next succeeding session, arrange and designate boundaries for the 
several counties within the limits of this State to which the Indian 
title shall have been extinguished, in such manner as they may deem 
expedient, which boundaries shall not be afterward altered, unless by 
the agreement of two-thirds of both branches of the general assembly ; 
:uul in all cases of ceded territory acquired by the State, the general 
assembly may make such arrangements and designations of the 
boundaries of counties within such ceded territory, as they may deem 
expedient, which only shall be altered in like manner: Prorided^ 
That no county, hereafter to be formed, shall be of less extent than 
nine hundred squan» miles. 

Sec. 18. It shall be the duty of the general assembly to pass such 
laws as may be necessary and proper to decide differences by arbi- 
trators, to be appointed by the parties, who may choose that sum- 
mary mode of adjustment. 

Sec. 19. It shall be the dutv of the general assembly, as soon as 
circumstances will permit, to :form a penal code, founded on princi- 
ples of reformation, and not of vindictive justice. 

Sec. 20. Within five years after the adoption of this constitution, 
the body of our laws, civil and criminal, shall be revised, digested, 
and arranged, under proper heads, and promulgated in such manner 
as the general assembly may direct; and a like revision, digest, and 
promulgation, shall be made within every subsequent period of ten 
years. 

Sec. 21. The general assembly shall make provisions by law for ob- 
taining correct knowledge of the several objects proper for improve- 
^ ment in relation to the navigable w aters, and to the roads in this 
State, and for making a systematic and economical application of the 
means appropriated to those objects. 

Sec. 22. In the event of the annexation of any foreign territory to 
this State, by a cession from the United States, laws may be pas.sed, 
extending to the inhabitants of such territory all the rights and privi- 
leges which may be required by the terms of such cession; anything in 
this constitution to the contrary notwithstanding. 

KDCCATIOX 

Schools, and the means of education, shall forever be encouraged in 
this State; and the general assembly shall take measures to preserve, 
from unnecessary waste or damage, such lands as are or hereafter 
may l)e granted by the United States for the use of sehools within 
each township in this State, and apply the funds, which may be 
raised from such lands, in strict conformity to the object of such 
grant. The general assembly shall take like measures for the im- 
provement 01 such lands as have been or may be hereafter granted 
by the United States to this State, for the support of a seminary of 
learning, and the moneys which may be raised from such lands, by 
rent, lease, or sale, or from any other quarter, for the purpose afore- 
said, shall be and remain a fund for the exclusive support of a State 



Alabama— 1819 111 

university, for the promotion of the arts, literature and the sciences; 
and it shall be the duty of the general assembly, as early as may be, 
to provide effectual means for the improvement and permanent 
security of the funds and endowments of such institution. 

ESTABLISHMENT OF BANKS 

Section 1. One State bank may be established, with such number 
of branches as the general assembly may, from time to time, deem 
expedient: Provided, That no branch bank shall be established, nor 
bank charter renewed, under the authority of this State, without the 
concurrence of tAvo-thirds of both houses of the general assembl}' ; 
And provided, also, That not more than one bank nor branch bank 
shall be established, nor bank charter renewed, at any one session of 
the general assembly, nor shall any bank or branch bank be estab- 
lished, or bank charter renewed, but in conformity with the follow- 
ing rules : 

1. At least two-fifths of the capital stock shall be reserved for the 
State. 

2. A proportion of power in the direction of the bank shall be 
reserved to the State equal at least to its proportion of stock therein. 

3. The State, and the individual stockholders, shall be liable, 
respectively, for the debts of the bank, in proportion to their stock 
holden therein. 

4. The remedy for collecting debts shall be reciprocal, for and 
against the bank. 

5. No bank shall commence operations, until half of the capital 
stock subscribed for be actually paid in gold or silver, which amount 
shall, in no case, be less than one hundred thousand dollars. 

f). In case any bank or branch 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 any such* 
note, bill, or obligation, shall be entitled to receive and recover inter- 
est thereon, until the same shall be paid, or specie pajnnents are 
resumed, by said bank, at the rale of tweh'e per cent, per annum 
from the date of such demand, unless the general assembly shall 
sanction such suspension of specie payments, and the general assem- 
bly shall have power, after such neglect or refusal, to adopt such 
measures as they may deem proper, to protect and secure the rights 
of all concerned, and to declare the charter of such bank forfeited. 

7. After the establishment of a general State bank, the banks of 
this State now existing may be admitted as branches thereof, upon 
such terms as the legislature and the said banks may agree, subject, 
nevertheless, to the preceding rules. 

SLAVES 

Section 1. The general assembly shall have no power to pass laws 
for the emancipation of slaves, without the consent of their owners, 
or without paying their owners, previous to such emancipation, a full 
equivalent in money for the slaves so emancipated. They shall have 
no power to prevent emigrants to this State from bringing with them 
such persons as are deemed slaves by the laws of any one of the 



112 ' Alabama— 1819 

United States, .so long as any ])erson of the same age or description 
shall be continued in slavery by the laws of this State: Pi'orkled, 
That such person or slave be the bona-fde property of such emi- 
^ants: A/ta provided, also, That laws may be passed to prohibit the 
introduction into this State of slaves who have committed high 
crimes in other States or Territories. They shall have power to pass 
laws to ])ermit the owners of slaves to emancipate them, saving the 
rights of creditors, and preventing them from becomin*^ a public 
charge. They shall have full power to prevent slaves trom being 
brought into this State as merchandise, and also to ol)lige the owners 
of slaves to treat them Avith humanity, to provide for them necessary 
food and clothing, to abstain from all injuries to them extending to 
life or limb, and, in case of their neglect, or refusal to comply with 
the directions of such laws, to have such slave or slaves sold for the 
benefit of the owner or owners. 

Sec. 2. In the prosecution of slaves for crimes, of higher grade 
than petit larceny, the general asseinbly shall have no power to 
deprive them of an impartial trial by a petit jury. 

Sec. 3. Any person Avho shall maliciously dismember or deprive a 
slave of life, shall suffer such punishment as would be inflicted in case 
the like offence had been committed on a free white person, and on 
the like proof; except in case of insurrection of such slave. 

MODE OF AMENDING AND REVISING THE CONSTITUTION 

The general assembly, whenever two-thirds of each house shall 
deem it necessary, may propose amendments to this constitution, 
which proposed amendments shall be duly published in print, at least 
three months before the next genei'al election of representatives, for 
the consideration of the people, and it shall be the duty of the sev- 
eral returning oflicers, at the next general election which shall be held 
for representatives', to open a poll for. and make a return to the sec- 
retary of state for the time being, of the names of all those voting 
for representatives, who have voted on such proposed amendments, 
and if thereupon it shall aj^pear that a majority of all the citizens 
of this State, voting for representatives, have voted in favor of such 
proposed amendments, and two-thirds of each house of the next gen- 
eral assembly, shall, after such an election, and before another, ratify 
the same amendments by yeas and nays, they shall be valid, to all 
intents and purposes, as parts of this constitution: Prorided. That 
the said proposed amendments shall, at each of the said sessions, 
have been read three times, on three several days, in each house. 

Schedule 

Section 1. That no inconvenience may arise from a change of lorri- 
torial to a permanent State government, it is declared that all rights, 
actions, prosecutions, claims, and contracts, as well of individuals as 
of bodies corporate, shall continue as if no such change had taken 
place: and all process, which shall. l)efore the third IMonday in Sep- 
tember next, be issued in the name of the Alabama Territory, shall be 
as valid as if issued in the name of the State. 

Sec. 2. All fines, penalties, forfeitures, and escheats, accruing to the 
Alabama Territory, shall accrue to the use of the State. 



Alabama— 1819 113 

Sec. 3. The validity of all bonds and recognizances executed to the 
governor of the Alabama Territory, shall not be impaired by the 
change of government, but may be sued for and recovered in the name 
of the governor of the State of Alabama and his successors in office ; 
and all criminal or penal actions, arising or now depending within 
the limits of this State, shall be prosecuted to judgment and execu- 
tion in the name of said State, all causes of action arising to indi- 
viduals, and all suits at law or in equity, now depending in the sev- 
ei'al courts within the limits of this State, and not already barred by 
law, may be commenced in, or transferred to, such courts as may 
have jurisdiction thereof. 

Sec. 4. All officers, civil or military, now holding commissions 
under the authority of the United States or of the Alabama Terri- 
tory, within this State, shall continue to hold and exercise their 
respective offices under the authority of this State, until they shall 
be superseded under the authority of this constitution, and shall 
receive from the treasury of this State the same compensation which 
they heretofore received, in proportion to the time they shall be 
so employed. The governor shall have power to fill vacancies by 
commissions, to expire so soon as elections or appointments can bo 
made to such offices by authority of this constitution. 

Sec. 5. All laws, and parts of laws, now in force in the Alabama 
Territory, which are not repugnant to the provision of this consti- 
tution, shall continue and remain in force as the laws of this State, 
until they expire by their own limitation, or shall be altered, or 
repealed, by the legislature thereof. 

Sec. 6. Every white male person above the age of twenty-one years, 
who shall be a citizen of the United States, and resident in this State 
at the time of the adoption of this constitution, shall be deemed a 
qualified elector at the first election to be holden in this State. And 
every white male person who shall reside within the limits of this 
State at the time of the adoption of this constitution, and shall be 
otherwise qualified, shall be entitled to hold any office or place of 
honor, trust, or profit under this State ; anything in this constitution 
to the contrary notwithstanding. 

Sec. T. The president of this convention shall issue writs of election 
directed to the sheriffs of the several counties, requiring them to cause 
an election to be held for a governor, representative to the Congress 
of the United States, members of the general assembly, clerks of the 
several courts, and sheriffs of the respective counties, at the respective 
places of election in said counties, on the third Monday and the day 
following in September next, which elections shall be conducted in 
the manner prescribed by the existing election laws of the Alabama 
Territory ; and the said governor and members of the general assem- 
bly, then duly elected, shall continue to discharge the duties of their 
respective offices, for the time prescribed by this constitution, and 
until their successors shall be duly qualified. 

Sec. 8. Until the first enumeration shall be made, as directed by 
this constitution, the county of Autauga shall be entitled to two repre- 
sentatives; the county of Baldwin to one representative: the county 
of Blount to three representatives; the county of Cahawba to one 
representative; the county of Clarke to two representatives; the 
county of Conecuh to two representatives; the county of Cotaco to 



114 Alabama— 1830 

two representatives; the county of Dallas to two representatives; the 
county of Franklin to two representatives; the county of Lauderdale 
to two representatives; the county of Lawrence to two representa- 
tives; the county of Madison to eijjht re|)resentatives; the county of 
Marion to one representative : the county of Monroe to five repre- 
sentatives; tlu' county of Montgomery to three representatives; the 
county of Mobile to one representative; the county of Saint Clair to 
one representative; the county of Shelby to two rej)rese!itatives; the 
county of Tuscah)osa to two representatives; and the county of AVash- 
ington to two representatives. And each county shall be entitled to 
one senator, who shall serve for one term. 

Sec. 0. The oaths of office, herein directed to be taken, may be ad- 
ministered by an^y justice of the peace, until the general assembly 
shall otherwise direct. 

Ordinanck 

This convention, for "and in Ijehalf of the people inhabiting this 
State, do accept the proposition offered by the act of Congress, under 
which they are assembled; and this convention, for and in behalf of 
the people inhabiting this State, do ordain, agree, and declare, that 
they forever disclaim all right and title to the waste or unappro- 
priated lands lying within this State; and that the same shall be and 
remain at the sole and entire disposition of the United States, and, 
moreover, that each and every tract of land, sold by the United States 
after the first day of September next, shall be and remain exempt 
from any tax, laid by the order or under the authority of this State, 
whether for State, county, township, parish, or any other purpose 
whatsoever, for the term of five years from and after the respective 
days of sales thereof; and that the lands belonging to the citizens 
of the United States, residing out of the limits of this State, shall 
never be taxed higher than tne lands belonging to persons residing 
therein, and that no tax shall be imposed on the property of the 
United States; and that all navigable waters within this State shall 
forever remain public highways, free to the citizens of this State 
and of the United States, without any tax, duty, impost, or toll 
therefor, imposed by this State: and this ordinance is hereby declared 
irrevocable, without the consent of the United States. 

Done in convention at Huntsville, this second day of August, in 
the year of our T^ord one thousand eio^ht hundred and nineteen, and 
of American Independence the forty-fourth. 

J. W. Walkkr. Presidriit. 

Attest: 

John Campbeix, Sefretari/. 

AMENDMENTS TO THE CONSTITUTION OF 1819 
(First— Adopted January, la*?©) 

Strike out the thirteenth section of the fifth article of constitution, 
and in lieu thereof insert the following: 

"The judges of the several courts of this State shall hold their 
offices for the term of six years; and for wilful neglect of duty, or 
other reasonable cause, which shall not l)e sufficient ground for im- 
peachment, the governor shall remove any of them on the address 



Alabama— 1846-1850 115 

of two-thirds of each house of the general assembly : Provided, how- 
ever, That the cause or causes for which such removal shall be re- 
quired, shall be stated at length in such address, and entered on the 
journals of each house: And proinded., 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 prorided, also. That the judges now in office may 
hold their offices until the session of the general assembly which shall 
be held in the year one thousand eight hundred and thirty-three, and 
until their .successors shall be elected and qualified, unless removed 
by address or impeachment." 

(Second — Adopted 1846) 

Strike out the words " one year " where they occur in the second 
section of the third article, and insert in lieu thereof " two years." 

Strike out the Avords " every year " Avhere they occur in the third 
section of third article, and insert in lieu thereof " at each session." 

Strike out the thirteen section of the third article, and insert in 
lieu thereof the following: "At the first meeting of the general as- 
sembly after the adoption of the proposed amenaments, the senators 
when convened shall be divided into two classes, as nearly equal as 
may be. The seats of the senators of the first class shall be vacated 
at the expiration of the two next ensuing years ; so that one-half may 
be biennially chosen thereafter, and a rotation thereby kept up per- 
petually." 

Strike out the twenty-ninth section of the third article, which \wr- 
manently locates the seat of government in this State. 

Strike out the word " annual " where it occurs in the eight section 
of the fourth article, and insert in lieu thereof, "biennial. ' 

(Third— Adopted 18.^)0) 

Strike out the ninth section of the third article of the constitution, 
and in lieu thereof insert the following: 

" Sec. 9. The general assembly shall cause ah enumeration to be 
made in the year eighteen hundred and fifty, and eighteen hundred 
and fifty-five, and every ten years thereafter, of all the white inhab- 
itants of this State; and the whole number of representatives shall 
at the first regular session after such enumeration, be apportioned 
among the several counties, cities, or towns entitled to separate 
representation, according to their respective number of white inhab- 
itants, and the said apportionment when made shall not be subject to 
alteration until after the next census shall be taken. The number of 
representatives shall not exceed one hundred, and the number of 
senators shall not exceed thirty-three ; yet each county, notwithstand- 
ing it may not have a number of white inhabitants equal to the ratio 
fixed, shall have one representative." 

Strike out the thirteenth section of the third article of the consti- 
tution, and insert in lieu thereof the following: 

" Sec. IB. Senators shall be chosen for the term of four years: yet 
at the general election after every new apportionment, elections shall 
bo held anew in every senatorial district; and the senators elected, 



116 Alahanm—1865 

when convened at the first session, shall l>e divided bv lot int^ two 
classes, as nearly equal as may be : the seats of those or the first class 
shall be vacated at the expiration of two years, and those of the 
second class at the expiration of four years, dating in both cases 
from the day of election, so that one-half may be biennially chosen, 
except as above pi-ovi<led." 

At the end of the twelfth section of the fifth article of the consti- 
tution add — 

" But at and after the session of the general assembly to be held in 
the winter of the years eighteen hundred and forty-nine-fifty, the 
general asseml)ly shall provide by law for the election of judges of 
the circuit courts by the qualified electors of their circuits respec- 
tively, and for the elections of judges of the courts of probate and 
other inferio*- courts (not including chancellors) by tlie qualified 
electors of the counties, cities, or districts for which such coiu'ts may 
be respectively established; the first Mondav in Novemln'r in any 
year sliall l)e the day for any election of such judges by the people, 
or such other day, not to l)e within a less period than two months of 
the general election for governor, members of the general assembly, or 
members of Congress, as the general assembly may by law prescribes: 
but no change to be made in any circuit or district, or in the mode or 
time of electmg, shall affect the right of any judge to hold office dur- 
ing the term prescribed by the constitution, except at the first elec- 
tions thereof to be made by the people after the ratification of these 
amendments or either of them, which elections shall then all ha had 
on the same day throughout the State, and the terms of the judges 
then to be elected shall commence on that day : vacancies in the office 
of judge shall l^e filled by the governor, and the persons appointed 
thereto by him shall hold until the next first Monday in November, 
or other election day of judges, and until the election and qualifica- 
tion of their successors respectively; and the general assembly shall 
have power to annex to the offices of any of the judges of the inferior 
courts the duties of clerks of such courts respectively.'' 

CONSTITUTION OF ALABAMA— 1865 * « 

PREAMBLE 

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 

♦Verified by "The ConstiHutlon and Ordinances Adopted by the State Con- 
vention «)f Alabama which assembled at Montgomery, on the Twelfth Day t)f 
Sei)tember A. 1). 18(C with Index, Analysis, and Table of Contents, by .J. W. 
Shepherd. Montgomery: Gibson & Whltefield — State Printers : 1.865." (Api)en- 
dlx) pp. 9-28. 

"An ordinance of secession from the United States was adopted by a conven- 
tion of the people of Alabama on the 11th of January, 1861, and that convention 
made such changes in the State constitution as were rendered necessary by the 
transfer of allegiance to the Confederate States governnient. 

When Lewis E. Parsons was appointed provisional governor of Alabama by the 
President of the United States, he called a constitutional convention, which 
assembled at Montgomery on the 12th of September. 18«J.">. Several ordinances 
were passed, one of which declared the ordinance of secession of 1S<;1 null and 
void, and the above constitution was adopted, liut not subuiitte<l to the pef)ple. 



Alabama— 186S 117 

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 — that is to say : 

Articlk I 

DECLARATION OK KKJIITS 

That the general, great, and essential principles of liberty and free 
government nuiy be recognized and established, we declare — 

Section 1. That no man, and no set of men, ai'e entitled to exclu- 
sive separate public emoluments or privileges, but in consideration of 
public services. 

Sec. 2. That all political power is inherent in the people, and all 
free governments are founded on their authority, and instituted for 
their benefit; and that, therefore, they have at all times an inalien- 
able and indefeasible right to alter, reform, or abolish their form of 
government, in such manner as they may deen expedient. 

Sec. 3. That no person within this State shall, upon any pretence 
whatever, be deprived of the inestimable privilege of worshipping 
God in the manner most agreeable to his own conscience; nor be hurt, 
molested, or restrained in his religious profession, sentiments, or per- 
suasions, provided he does not disturb others in their religious 
worship. 

Sec. 4. That no religion shall be established by law ; that no pref- 
erence shall be given by law to any religious sect, society, denomina- 
tion, or mode of Avorship; that no one shall be compelled by law to 
attend any place of worship, nor to pay any tithes, taxes, or other 
rate, for building or repairing any j)lace of Avorship, or for maintain- 
ing any minister or ministry ; that no religious test shall be required 
as a qualification to any office or public trust under this State; and 
that the civil rights, privileges, and capacities of any citizen shall 
not be in any manner affected by his religious principles. 

Sec. 5. That every citizen may freely speak, write, and publish his 
sentiments on all subjects, being responsible for the abuse of that 
liberty. 

Sec. G. That the people shall be secure in their persons, houses, 
papers, and possessions, from unreasonable seizures or searches; and 
that no warrant shall issue to search any place, or to seize any person 
or thing, without describing them as nearly as may be, nor without 
probable cause, supported by oath or affirmation. 

Sec. T. That in all criminal prosecutions, the accused has a right 
to be heard by himself and counsel, to demand the nature and cause of 
the accusation, to have a copy thereof, to be confronted by the wit- 
nesses against him, to have compulsory process for obtaining witnesses 
in his favor, and, in all prosecutions by indictment or information, a 
speedy public trial by an impartial jury of the county or district in 
which the offence was committed ; and that he shall not be compelled 
to give evidence against himself, nor be deprived of his life, liberty, 
or property, but by due course of law. 

Sec. 8. That no person shall be accused, arrested, or detained, ex- 
cept in cases ascertained by law, and according to the forms which the 
same has prescribed; and that no person shall be punished, but by 



118 Alabama— 186S 

virtue of a law established and promulgated prior to the offence, and 
legally applied. 

Sec. 0. That no person shall, for any indictable offence, be pro- 
ceeded against criminally by information : except in cases arising in 
the land and naval forces, or in the militia when in actual service, or, 
by leave of the court, for oppression or misdemeanor in office: Pro- 
.vided., That in cases of petit larceny, assault, assault and battery, 
affray, unlawful assemblies, vagrancy, and other misdemeanors, the 
^neral assembly may h\ law disj^ense with a gi*and jury, and author- 
ize such prosecutions before justices of the jxnice, or such other in- 
ferior courts as may Ix? by law^ established; and the proceedings in 
such cases shall Ix^ regulated by law. 

Sec. 10. That no person shall, for the same offence, l>e twice put in 
jeopardy of life or limb. 

Sec. 11. That no person shall be debarred from prosecuting or 
defending, before any tribunal in this State, by himself or counsel, 
any civil cause to which he is a party. 

Sec. 12. That the right of trial by jury shall remain inviolate. 

Sec. 13. That in prosecutions for the publication of papers inves- 
tigating the official conduct of officers or men in public capacity, or 
"when the matter published is proper for public information, the truth 
thereof may l)e given in evidence; and that in all indictments for 
libels, the jury shall have the right to determine the law and the facts, 
under the direction of the court. 

Sec. 14. That all courts shall be open ; and that every p)erson, for 
any injury done him, in his lands, goods, person or reputation, shall 
have a remedy by due course of law. ancl right and justice admin- 
istered, without sale, denial, or delay. 

Sec. 15. That suits may be brought against the State, in such man- 
ner, and in such courts, as may be bv law provided. 

Sec. Ifi. That excessive fines shall not he imposed, nor cruel punish- 
ments be inflicted. 

Sec. 17. That all persons shall, before conviction, be bailable by 
sufficient sureties, except for capital offences, when the proof is evi- 
dent, or the presumption great; and that excessive bail shall not, in 
any case, be requir&d. 

Sec. 18. That the privileg:es of the writ of haheua corpuH shall not 
be suspended, unless when, in cases of rebellion or invasion, the public 
safety may require it. 

Sec. 19. That treason against the State shall consist only in levying 
war against it, or adhering to its enemies, giving them aid and com- 
fort; and that no person sliall be convicted of treason, unless on the 
testimony of two witnesses to the same overt act, or his own confession 
in open court. 

Sec. 20. That no person shall be attainted of treason by the Gen- 
eral Assembly; and that no conviction shall work corruption of blood, 
or forfeiture of estate. 

Sec. 21. That the estates of suicides shall descend, or vest, as in 
cases of natural death ; and that, if any person shall be killed by cas- 
ualty, there shall be no forfeiture by i'eason thereof. 

Sec. 22. That the person of a debtor, when there is not a strong 
presumption of fraud, shall not be detained in prison, after delivering 
lip his estate, for the benefit of his creditors, in such manner as shall 
be prescribed by law. 



Alabama— 1865 119 

Sec. 23. That no power of suspending laws shall be exercised, 
except by the General Assembly, or by its authority. * 

Sec. 24. That no ex 'post facto law, nor any law impairing the obli- 
gation of contracts, shall be made. 

Sec. 25. That private i)roperty shall not be taken or applied for 
public use, unless just compensation be made therefor; nor shall pri- 
vate property be taken for private use, or for the use of corporations 
other than municipal, without the consent of the owner; Provided,! 
however. That laws may be made securing to persons or corporations 
the right of way over the lands of other persons or corporations, and, 
for works of internal improvement, the right to establish depots, 
stations, and turn-outs; but just compensation shall, in such cases, be 
first made to the owner. 

Sec. 26. That the citizens have a right, in a peaceable manner, to 
aSvSemble together for their common good, and to apply to those in- 
vested with the powers of government for redress of grievances, or 
other proper purposes, by petition, address, or remonstrance. 

Sec. 27. That every citizen has a right to bear arms in defence of 
himself and the State. 

Sec. 28. That no person, who conscientiously scruples to bear arms, 
shall be compelled to do so, but may pa}'^ an equivalent for personal 
service. 

Sec. 29. That no standing army shall be kept up, without the con- 
sent of the General Assembly ; and in that case, no appropriation for 
its support shall be for a longer term than one year; and that the 
military shall, in all cases, and at all times, be in strict subordination 
to the civil power. 

Sec. 80. That no soldier shall, in time of peace, be quartered in 
any house, without the consent of the owner ; nor in time of war, but 
in a manner to be prescribed by law. 

Sec. 31. That no title of nobility, or hereditary distinction, privi- 
lege, honor, or emolument, shall ever be granted or conferred in this 
State; and that no office shall be created, the appointment of which 
shall be for a longer term than during good behavior. 

Sec. 32. That emigration from this State shall ^lot be prohibited, 
and that no citizen shall be exiled. 

Sec. 38. That temporary absence from the State shall not cause a 
forfeiture of residence once obtained. 

Sec. 34. That hereafter there shall be in this State neither slavery, 
nor involuntary servitude, otherwise than for the punishment of 
crime, whereof the party shall have been duly convicted. 

Sec. 35. That the right of suffrage shall be protected by laws regu- 
lating elections, and prohibiting, under adequate penalties, all undue 
influence from power, bribery, tumult, or other improper conduct. 

Sec. 30. This enumeration of certain rights shall not be construed 
to deny or disparage others retained by the people; and to guard 
against any encroachment on the rights hereby retained, or any 
transgression of any of the high powers by this constitution dele- 
gated, we declare, that everything in this article is excepted out of 
the general powers of government, and shall forever remain inviolate, 
and that all laws contrary thereto, or to the following provisions, 
shall be void. 



120 Alabama— 1866 

Article II 

STATE BOUNDARIES AND C^JUNTIES 

Section 1. The boundaries of this State are established and de- 
clared to l)e as follows — tliat is to say: Beginning at the point where 
the thirty-first degree of north latitude crosses the Perdido River; 
thence east, to the western boundary-line of the State of Georgia; 
thence along said line, to the southern l)Oundary-line of the State of 
Tennessee; thence west, along the southern boundary-line of the 
State of Teiuiessee, crossing the Tennessee Kiver, and on to the 
second intersection of said river by said line; thence up said river 
to the mouth of liig Hear Creek ; thence by a direct line to the north- 
west corner of AVashington County in this State, as originally 
formed; thence southerly, along the line of the State of Mississippi, 
to the (lulf of Mexico; theiu'e easterly, including all islands within 
six leagues of the shore, to the Perdido River; and thence up the said 
river, to the l)eginning. 

Sec. 2. The General Assembly may, by a vote of two-thirds of 
both branches thereof, arrange and designate boundaries for the 
several counties of this State, which boundaries shall not be altered 
except by a like vote; but no new county shall be hereafter formed of 
less extent than six hundred square miles, nor shall any existing 
county be reduced to a less extent than six hundred square miles; 
and no county shall be formed not containing a sufficient number of 
inhabitants to entitle it to one representative under the existing ratio 
of representation, nor unless the counties from which it is taken shall 
be left with the required number entitling them to separate represen- 
tation. 

Article III 

DISTRIBUTION OF POWDERS OK GOVERNMENT 

Section 1. The powers of the government of the State of Alabama 
shall be divided into three distinct departments, each of which shall 
he confided to a separate body of magistracy — to wit : those which are 
legislative to one, those which are executive to another, and those 
which are judicial to another. 

Sec. 2. No person, or collection of persons, being of one of those 
departments, shall exercise any power properly belonging to either 
of the others, except in the instances hereinafter expressly directed or 
permitted. 

Article IV 

LEGISLATIVE DEPARTMENT 

Section 1. The legislative power of this State shall be vested in two 
distinct branches, the one to be styled the '■'Senate,'''' and the other the 
''''House of Representatives,^'* and both together the ''''General Assembly 
of the State of Alabama.^'' 

Sec. 2. All laws shall be passed by original bill; and their style 
shall be, ^^Be it enacted by the Senate and House of Re presenta fives of 
the State of Alabama in General Assembly convened.^'' Each law 



Alabama— 1865 121 

shall embrace but one subject, which shall l>e described in the title; 
and no law, or any section of any law, shall be revised or amended by 
reference only to its title and number, but the law or section revised 
or amended shall itself be set forth at full length. 

Sec. 8. Members of both houses of the General Assembly shall be 
chosen by the qualified electors ; and the regulations for holding such 
(lections shall, as to time, place, and manner, be the same for each 
liouse, and shall be prescribed by law. After the special election to 
be held on the first Monday in November, 1865, such elections shall, 
until otherwise directed by law, take place on the first Monday in 
August. 

Sec. 4. No person who holds any lucrative office under the United 
States, or under this State, or under any other State or government 
(except postmasters, officers in the militia, to whose office no annual 
salary is attached, justices of the peace, members of the coui-t of 
county commissioners, notaries public, and commissioners of deeds, 
excepted;) no person who has been convicted of having given or 
offered any bribe to procure his election ; no person who has been con- 
victed of bribery, forgery, perjury, or other high crime or misde- 
meanor which may be by law declared to disqualify him; and no 
person who has been a collector or holder of public moneys, and has 
failed to account for and pay over into the treasury all sums for 
which he may be bv law accountable, shall be eligible to the General 
Assembly. 

Sec. 5. Representatives shall be chosen for the term of two years; 
and no person shall be a representative who is not a white man, 
twenty-one years of age, a citizen of the United States, and who has 
not been an inhabitant of this State for the two years next preceding 
the election, and for the last year thereof a resident of the county foi- 
which he is chosen. 

Sec. 6. The house of representatives shall consist of not more than 
one hundred members, Avho shall be apportioned by the General 
Assembly among the several counties of the State according to the 
number of white inhabitants in them respectively; and, to this end, 
the general assembly shall cause an enumeration of all the inhabitants 
of the State to be made in the year one thousand eight hundred and 
sixty-six, and again in the year one thousand eight hundred and 
seventy-five, and every ten years thereafter, and shall make an appor- 
tionment of the representatives among the several counties at the first 
regular session after each enumeration ; which apportionment, when 
made, shall not be subject to alteration, until after the next census 
shall have been taken ; Provided, That each county shall be entitled 
to at least one representative; Provided further, That where two or 
more adjoining counties shall each have a residuum or fraction over 
and above the ratio then fixed by law% which fractions, when added 
together, equal or exceed that ratio, in that case, the county having the 
largest fraction shall be entitled to one additional representative. 

Sec. 7. The whole number of senators shall be not less than one- 
fourth, nor more than one-third of the whole number of representa- 
tives; and it shall be the duty of the General Assembly, at its first 
session after the making of each enumeration, as provided by the last 
preceding section, to fix by law the number of senators, and to divide 
the State into as many senatorial districts as there are senators; 
which districts shall be as nearly equal to each other as may be in 



122 Alabama— 1866 

the nunibor of white inhabitants, and each shall be entitled to one 
senator, and no niore. Proiuded^ That, in the formation of said dis- 
tricts, no county shall be divided, and no two or more counties, which 
are separated entirely by a county belonging to another district, shall 
be joined into one district; And prorided further^ That the senatorial 
districts, when formed, shall not be changed until after the next cen- 
sus shall have been taken. 

Sec. 8. Xo person shall be a senator, who is not a white man, at 
least twenty-seven years of age, a citizen of the United States, and 
who has not been an inhabitant of this State for two years next pre- 
ceding the election, and for the last year thereof a resident in the 
district for which he is chosen. 

Sec. 9. Senators shall be chosen for the term of four years; yet, at 
the first general election after each new apportionment, elections shall 
be held anew in all the senatorial districts; and the senators elected, 
when convened at the next ensuing session of the General Assembly, 
shall be divided by lot into two classes, as nearly equal to each other 
as may be; the seats of the senators of the first class shall be vacated 
at the expiration of two years, and those of the second class at the 
expiration of four years from the day of election, so that (except as 
above provided) one-half of the senators may be chosen biennially. 

Sec. 10. The General Assembly shall meet annually, on such day as 
may be b}^ law prescribed ; and shall not remain in session longer than 
thirty days, unless by a vote of two-thirds of each house. 

Sec. 11. At the first regular or called session after each general 
election for representatives, the senate shall choose a president and 
its other officers, and the house of representatives shall choose a 
speaker and its other officers; and the officers so chosen shall lx> en- 
titled to hold their respective offices until the next general election for 
representatives. Each house shall judge of the qualifications, elec- 
tions and returns of its own members; but a contested election shall' 
be determined in such manner as may be by law provided. 

Sec. 12. A majority of each house shall constitute a quorum to do 
business; l)ut a smaller number may adjourn from day to day. and 
may compel the attendance of absent members, in such manner, and 
under such penalties, as each house may provide. 

Sec. 18. Each house may determine the rules of its own proceed- 
ings, punish members for disorderly behavior, and, with the consent 
of two-thirds, expel a member, but not a second time for the same 
offense; and shall have all other powers necessary for a branch of the 
legislature of a free and independent State. 

Sec. 14. Each house may, during the session, punish by imprison- 
ment any iierson, not a member, for disrespect nil or disorderly Ix;- 
havior in its presence, or for obstructing any of its proceedings; 
Provided^ That such imprisonment shall not, at any one time, exceed 
forty-eight hours. 

Sec. 15. P2ach house shall keep a journal of its own proceedings, 
and cause the same to be published immediately after its adjourn- 
ment, excepting such parts as in its judgment, may require secrecy; 
and the veas and nays of the members of either house, on any ques- 
tion, shall, at the desire of any two members present, be entered on 
the journals. Any member of either house shall have leave to dis- 
sent from, and protest against, any act or resolution which he may 
think injurious to the public or to an individual, and have the rea- 
sons of his dissent entered on the journals. 



Alabama— 1865 123 

Sec. IT). 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 ma}'^ 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 ; imless, in case of urgency, four-fifths 
of the house in which the bill may be depending shall deem it expe- 
dient to dispense with this rule; and every bill, having passed both 
houses, shall be signed by the speaker and president of the respec- 
tive houses; Provided, That all bills for raising revenue shall orig- 
inate in the House of Representatives, but may be amended or re- 
jected by the senate as other bills. 

Sec. 19. In all elections by the General Assembh^, 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 
l^rofit under this State, except such offices as may be filled by elec- 
tions 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 Assem- 
bly is convened ; nor shall any member be liable to answer for any- 
thing spoken in debate in either house, in any court or place else- 
Avhere. 

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 Avhich such increase shall have been made. 

Sec. 23. Wlien 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 ]:)Ower 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 impeach- 
ment, 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 he necessary and proper to decide differences by arbi- 
trators, 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 Assembl}^, within 
five years after the adoption of this constitution, and within every 
subsequent period of ten years, to make provision by law for the revi- 
sion, 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 



124 Alabama— 1865 

laws as they may dwiii expedient to suppress the evil practice of 
(hielliiig, extending to disqualification to hold office. 

Sec. 20. It shall be the duty of the (jeneral Assembly to regulate 
by law the cases in which deductions shall l>e 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 chan- 
cery; but decrees in chancery for divorce shall be final, unless ap- 
pealed from, in the manner prescribed by law, within three months 
from the date of the enrolment thereof. 

Sec. 81. It shall be the duty of the (General Assembly, at its next 
session, and from time to time tiiereafter as it may deem proper, to 
ena<'t laws prohibiting the intermarriage of white persons with 
negroes, or with persons of mixed blood, declaring such marriages 
null and void ah 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 improve- 
ment in relation to the roads and navigable waters in this State, and 
for making a sj'stematic and economical application of the means 
appropriated to those objects. 

Sec. 33. The Cleneral Assembly shall, from time to time, enact 
necessary and projjer 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 Ix; 
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 pur- 
pose aforesaid, 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 
jM'ovide 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 General 
Assembly; nor shall any bank be established, nor any bank charter Ije 
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 : 

Rvle 1. The stockholders shall lie respectively liable for the debts 
of the bank in jiroportion 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 
dollars. 

Rule 4. If any bank shall neglect or refuse to pay, on demand, any 



Alabama— 1865 125 

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 ot 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 j^ayments, 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 organiz- 
ing 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 pre- 
scribe the manner in which all officers shall be appointed or elected : 
Provided^ That no other officers than adjutants-general and quarter- 
masters-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 pur- 
suance 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 individ- 
uals 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 mvasion, 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 



126 Alabama— 1865 

Article V 

EXECUTIVE DEPARTMENT 

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 sliall be elected by the qualified electors, at the 
time and places at which they shall respectively vote for representa- 
tives. 

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 office 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. He shall, at stated times, receive a compensation for his serv- 
ices, 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. He 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. He 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, con- 
vene the general assembly at the seat of government, or at a different 
place, if, since their last adjournment, that shall have become danger- 
ous, from an enemy, or from contagious disorders; and in case of 
disagreement between the two houses, with respect to the time of ad- 
journment, he may adjourn them to such time as he may think 
pro])er, 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. 



Alabama — 1865 127 

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 re- 
prieves 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 com- 
missions, 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 vot- 
ing 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. 

Sec. 17. Every order, resolution, or vote, to which the concurrence 
of both houses may be necessary, (except on questions of adjourn- 
ment, 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 ap- 
pointed 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 



128 Alabama— 1865 

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 respectivelv adminis- 
ter the government, receive the same compensation which the gov- 
ernor would have received if he had been employed in the duties of 
his office. 

Article VI 

JUDICIAL DEPARTMENT 

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 pre- 
scribed by law; Provided^ That said court shall have power to issue 
writs of injunction, Tnnndamus^ 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 dis- 
ease, 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 ap- 
pointed. 

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. (). 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 Xhey 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 jurisdic- 
tion; Provided^ That the judges of the several circuit courts shall 
have power to issue writs of m junction, 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 prooate, for the granting 
of letters testamentary, and of administration, and for orphans' busi- 
ness. 

Sec. 9. A competent number of justices of the peace shall be ap- 
pointed in and for each county, in such mode, and for such term of 
office as the general assembly may by law direct; whose jurisdiction. 



Alabama— 1865 129 

in civil cases, shall be limited to causes in which the amount in con- 
troversy shall not exceed one hundred doUars; 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 compen- 
sation, 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 oi 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 pre- 
scribed. 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 



130 Alabama— 1866 

next general election, and until his successor is elected and qualified; 
Pi'omded, That the general assembly shall have power to annex the 
duties of clerk to the office of judge of any interior court by law 
established. 

, Sec. 1G. The style of all process shall be, The State of Alabama; 
and all prosecutions shall be carried on in the name and by the author- 
ity of the State of Alabama, and shall conclude " against the peace 
and dignity of the same.'' 

Article VII 

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 i)erform all the duties that may be re- 
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 oi four years, shall perform all the duties that may be 
required of him by law, and shall receive such comjjensation for his 
services as may be by law provided, which shall not be diminished 
during his continuance in omce. 

Sec. 3. A sheriflf 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 con- 
victed of bribery, forgery, perjury, or other high crime or misde- 
meanor 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 mav be,) " that I will support the Constitution 
of the United States, ani the constitution of the State of Alabama, 
so long as I continue a citizen thereof; and that I will faithfully dis- 
charge, 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 



Alabama — 1865 131 

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, neverthelews, be liable and sub- 
ject to indictment, trial, and punishment according to law. 

Artici-e VIII 

ELECTIONS HY THE PEOPLE 

Section 1. Every white male jDcrson, of the age of twenty-one 
3'ears 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 
members of the General Assembly, shall be made to the secretary 
of state. 

Article IX 

AMENDMENT AND REVISION OF THE CONSTITUTION 

Section 1. The General Assembly may, whenever tw^o-thirds of 
each house shall deem it necessary, propose amendments to this con- 
stitution; which proposed amendments shall be duly published in 
print, (in such manner as the General Assembly may direct,) 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 rep- 
resentatives, 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 



132 Alabama— 1867 

altering or amending the constitution of this State, unless the ques- 
tion 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 dele- 
gates 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. 

Benj. Fitzpatrick, 

President of Convention. 
Attest : 

Wm. H. Oobourne, 

Sec^y of Convention. 



CONSTITUTION OF ALABAMA— 1867 * « 

preamble 

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 : 

Article I 

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 inten- 
tion 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. 18Q7. Montgomery, Ala.. Barrett and Brown, 18G7." 

o Congress having directed how constitutions should be formed in the States 
recently in rebellion, by the acts of March 2 and March 21, 1807, a convention 
was called, which assembled at Montgomery November 5, 18G7, and framed the 
above constitution and .idjourned December G. 18G7. It was submitted to the 
people. Congress, after its reception. pass<'d an act on the 25th of .Tune, 1868, 
declaring that whenever the legislatures of Alabama [and other States named] 
should pass an act ratifying the fourteenth article of amendment to the Con- 
stitution, such State should be declaretl entitled to the admission of its Repre- 
sentatives in C(mgross. This was done on the llth of .Tuly, 18(58. and proclama- 
tion thereof was made by the President of the TJuited States on the 20th of July, 
1868. 



Alabama— 1867 133 

zens of the State of Alabama, possessing equal civil and political 
rights and public privileges. 

Sec. 3. That all political power is inherent in the people, and all 
free governments are founded on their authority, and instituted for 
their benefit ; and that, therefore, they have at all times, an inherent 
right to change their form of government, in such manner as they 
may deem expedient. 

Sec. 4. That no person shall be deprived of the right to worship 
God according to the dictates of his own conscience. 

Sec. 5. That no religion shall be established by law. 

Sec. 6. That any citizen may speak, write, and publish his senti- 
ments on all subjects, being responsible for the abuse of that liberty. 

Sec. 7. That the people shall be secure in their persons, houses, 
papers and possessions, from unreasonable seizures or searches, and 
that no warrant shall issue to search any place, or to seize any person 
or thing, without probable cause, supported by oath or affirmation. 

Sec. 8. That in all criminal prosecutions, the accused has a right 
to be heard by himself and counsel, or either; to demand the nature 
and cause of the accusation; to have a copy thereof; to be confronted 
by the witnesses against him ; to have compulsory process for obtain- 
ing witnesses in his favor; and in all prosecutions by indictment or 
information, a speedy public trial, by an impartial jury of the 
county or district in which the offence w as committed ; and that he 
shall not be compelled to give evidence against himself, or be 
deprived of his life, liberty, or property, but by due process of law. 

Sec. 9. That no person shall be accused, or arrested, or detained, 
except in cases ascertained by law, and according to the forms which 
the same has prescribed ; and that no person shall be punished but by 
virtue of a law established and promulgated prior to the offence, and 
legally applied. 

Sec. 10. That no person shall, for any indictable offence, be pro- 
ceeded against criminally, by information, except in cases arising in 
the land and naval service, or in the militia when in actual service, 
or by leave of the court for oppressions or misdemeanor in office: 
Pt'ovided, That in cases of j^etit larceny, assault, assault and battery, 
affray, unlawful assemblies, vagrancy, and other misdemeanors, the 
General Assembly may, by law, dispense with a grand jury, and 
authorize such prosecutions and proceedings before justices of the 
peace, or such inferior courts as may be by law established. 

Sec, 11. That no person shall, for. the same offence, be twice put in 
jeopardy of life or limb. 

Sec. 12. That no person shall be debarred from prosecuting or 
defending, before any tribunal in the State, by himself, or counsel, 
any civil cause to which he is a party. 

Sec. 13. That the right of trial by jury shall remain inviolate. 

Sec. 14. That in prosecution for the publication of papers investi- 
gating 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 that in all indictments 
for libel, the jury shall have the right to determine the law and the 
facts under the direction of the court. 

Sec. 15. That all courts shall be open, that every person, for any 
injury done him in his lands, goods, person or reputation, shall have 



134 Alabama— 1867 

a remedy by due process of law; and right and justice shall be 
administered without sale, denial or delay. 

Sec. 1(>. That suits may be brought against the State, in such man- 
ner and in such courts as may be by law provided. 

Sec. 17. That excessive fines shall not be imposetl, or cruel punish- 
ment inflicted. 

Sec. 18. That all persons shall, before conviction, he bailable by 
sufficient sureties, except for capital offences when the ])r(K)f is evi- 
dent or the presumption great. Excessive bail shall not, in any case, 
be required. 

Sec. 19. The privilege of the writ of habeas corpus shall not be 
suspended, except when necessary for public safety in times of rebel- 
lion or invasion. 

Sec. 20. That treason against the State shall consist only in levy- 
ing war against it, or adhering to its enemies, giving them aid and 
comfort ; and that no person shall be convicted of treason, except on 
the testimony of two witnesses to the same overt act, or his own con- 
fession in open court. 

Sec. 21. That no person shall be attainted of treason by the Gen- 
eral Assembly; and that no conviction shall work corruption of 
blood or forfeiture of estate. 

Sec. 22. That no person shall be imprisoned for debt. 
• Sec. 23. That no power of suspending laws shall l)e exercised, 
except by the General Assembly, or by its authority. 

Sec. 24. That no ex post facto law, or any law impairing the obliga- 
tion of contracts, shall be made. 

Sec. 25. That private property shall not be taken or applied for 
public use, unless just compensation be made therefor; nor shall 
private property be taken for private use, or for the use of corpora- 
tions, other than municipal, without the consent of the owner: 
Provided^ however^ That laws may be made securing to persons or 
corporations the right of way over the lands of either persons or cor- 
porations, and for works of internal improvement, the right to estab- 
lish depots, stations, and turn-outs; but just compensation shall, in 
all cases, be first made to the owner. 

Sec. 2C. That all navigable waters shall remain forever public 
highways, free to the citizens of the State, and of the United States, 
without tax, impost or toll imposed ; and that no tax, toll, impost or 
wharfage fihall iSe demanded or received from the owner of any mer- 
chandise or commodity, for the use of the shores, or any wharf 
erected on the shores, or in or over the waters of any navigable 
stream, unless the same be expressly authorized by the General 
Assembly. 

Sec. 27. That the citizerus have a right, in a peaceable manner, to 
assemble together for the common good, and to apply to those invested 
with the power of government, tor redress of grievances, or other 
purposes, by petition, address or remonstrance. 

Sec. 28. That every citizen has a right to l)ear arms in defence of 
himself and the State. 

Sec. 29. That no person who conscientiously scruples to bear arms 
shall ha compelled to do so, but may pay an equivalent for personal 
service. 

Sec. 30. That no standing army shall be kept up without the con- 
sent of the General Assembly; and, in that case, no appropriation 



Alabama— 1867 135 

for its support shall be made for a longer term than one year, and the 
military shall, in all cases, and at all times, be in strict subordination 
to the civil power. 

Sec. 31. That no soldier shall, in time of peace, be quartered in any 
house, without the consent of the owner; or in time of war, but in a 
manner to be prescribed by law. 

Sec. 32. That no title of nobility, or hereditary distinction, privi- 
lege, honor, or emolument, shall ever be granted or conferred in this 
State ; that no property qualification shall be necessary to the election 
to, or holding of any office in this State, and that no office shall be 
created, the appointment to which shall be for a longer time than dur- 
ing good behavior. 

Sec. 33. That emigration from the State shall not be prohibited; 
and that no citizen shall be exiled. 

Sec. 34. That temporary absence from the State shall not cause a 
forfeiture of residence once obtained. 

Sec. 35. That no form of slavery shall exist in this State ; and 
there shall be no involuntary servitude, otherwise than for the pun- 
ishment of crime, of which the party shall have been duly convicted. 

Sec. 3G. The right of suffrage shall be protected by laws, regulating 
elections, and prohibiting, under adequate penalties, all undue influ- 
ences from power, bribery, tumult or other improper conduct. 

Sec. 37. That this State has no right to sever its relation to the 
Federal Union, or to pass any law in derogation of the paramount 
allegiance of the citizens of this State to the Government of the 
United States. 

Sec. 38. That this enumeration of certain rights shall not impair 
or deny others retained by the people. 

Article II 

STATE AXD COUNTY BOUNDARIES 

Section 1. Th'^ boundaries of this State are established and 
declared to be as follows — that is to say: Beginning at the point 
where the thirty-first degree of north latitude crosses 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 w^est along the southern boundary-line to 
the State of Tennessee, crossing the Tennessee River, and on to the 
second intersection of said river, by said line; thence up said river 
to the mouth of Big Bear Creek; thence by a direct line to the north- 
west corner of Washington County, in this State, as originally 
formed ; thence southerly, along the line of the State of Mississippi, 
to the Gulf of Mexico; thence eastwardly, including all islands 
within six leagues of the shore, to the Perdido River, and thence up 
the said river to the beginning. 

Sec. 2. The General Assembly may, by a two-thirds vote of both 
houses thereof, arrange and designate boundaries for the several 
counties of this State, Avhich boundaries shall not be altered, except 
by a like vote. But no new counties shall be hereafter formed of less 
extent than six hundred square miles; and no existing county shall be 
reduced to less extent than six hundred square miles; and no new 
county shall be formed which does not contain a sufficient number of 



136 Alabama— 1867 

inhabitants to entitle it to one representative under the ratio of rep- 
resentation existing at the time of its formation, or unless the county 
or counties from which it is taken shall be left with the required num- 
ber of inhabitants entitling such county or counties to separate repre- 
sentation. 

Articxe III 

DISTRIBUTION OK POWERS OF GOVERNMENT 

Section 1. The powers of the government of the State of Alabama 
shall be divided into three distinct departments, each of which shall 
be confided to a separate body of magistracy, to wit : Those which are 
legislative, to one; those which are executive, to another; and those 
which are judicial, to another. 

Sec. 2. No person, or collection of persons, being of one of those 
departments, shall exercise any power properly belonging to either 
of the others, except in the instances hereinafter expressly directed or 
permitted. 

Article IV 

legislative department 

Section 1. The legislative power of this State shall be vested in a 
General Assembly, which shall consist of a senate and house of rep- 
resentatives. 

Sec. 2. The style of the laws of this State shall be : "^e it enacted 
by the General Assembly of Alabama^ Each law shall contain but 
one subject, which shall be clearly expressed in its tille; and no law 
shall be revised or amended unless the new act contain the entire act 
revised, or the section or sections amended ; and the section or sections 
so amended shall be repealed. 

Sec. 3. Senators and Representatives shall be elected by the qual- 
ified electors, on the Tuesday after the first Monday in November. 
The term of office of the senators shall be four years, and that of the 
Representatives two years, commencing on the day after the general 
election. 

Sec. 4. No person shall be a Representative unless he is eligible as 
an elector to vote for members of the General Assembly. 

Sec. 5. No person shall be a Senator, unless he be eligible as an 
elector to vote for members of the General Assembly, and shall be 
twenty-seven years of age, and shall have resided for two years within 
the State, and for the last year thereof within the district fov which 
he shall be chosen. 

Sec. 0. The House of Representatives, when assembled, shall choose 
a speaker, and its other officers; and the Senate shall choose a presi- 
dent, in the absence of the lieutenant-governor, and its other officers; 
each house shall judge of the qualifications, elections and returns of its 
own members, but a contested election shall be determined in such 
manner as shall l>e directed by law. The president of the senate and 
the speaker of the House or Representatives shall remain in office 
until their successors are elected and qualified. 

Sec. 7. A majority of each house shall constitute a quorum to do 
business, but a smaller number may adjourn from day to day, and 



Alabama— 1867 137 

may compel the attendance of absent members, in such manner and 
under such penalties as each house may provide. 

Sec. 8. Each house may determine the rules of its own proceedings, 
punish members for disorderly conduct, and, with the consent of 
two-thirds, expel a member; but not a second time for the same cause; 
and shall have all other powers necessary for a branch of the Legis- 
lature of a free and independent State. 

Sec. 9. Each house, during the session, may punish by imprison- 
ment, any person not a member, for disrespectful or disorderly 
behavior in its presence, or obstructing any of its proceedings: 
Provided, That such imprisonment shall not, at any time, exceed 
forty-eight hours. 

Sec, 10. Each house shall keep a journal of its proceedings, and 
cause the same to be published immediately after its adjournment, 
excepting such parts as in its judgment may require secrecy; and 
the yeas and nays of the members of either house, on any question, 
shall, at the desire of one-tenth of the members present, be entered 
on the journals. Any member of either house shall have liberty to 
dissent from, or protest against, any act or resolution, which he may 
think injurious to the public or an individual, and have the reasons 
of his dissent entered on the journals. 

Sec. 11. Members of the General Assembly shall, in all cases, 
except treason, felony or breach of the peace, be privileged from arrest ; 
and they shall not be subject to any civil process during the session 
of the General Assembly, nor for fifteen days next before the com- 
mencement and after the termination of each session. 

Sec. 12. Wlien vacancies occur in either house, the governor, or 
the person exercising the powers of the governor, shall issue writs 
of elections to fill such vacancies. 

Sec, 13. The doors of each house shall be open, except on such 
occasions as in the opinion of the house may require secrecy. 

Sec. 14. 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. 15. Bills may originate in either house, and be amended, 
altered or rejected by the other; but no bill shall have the force of 
law, until on three several days it be read in each house, and free 
discussion be allowed thereon; unless in case of urgency, four-fifths 
of the house in which the bill shall be pending, may deem it expe- 
dient to dispense with this rule. And every bill, having passed 
both houses, shall be signed by the speaker and president of their 
respective houses: Provided, That all bills for raising revenue shall 
originate in the House of Representatives, but the Senate may 
amend or reject them as other bills. 

Sec. 16. Every bill or resolution having the force of law, to which 
the concurrence of both houses of the General Assembly may be 
necessary, except on a question of adjournment, which shall have 
passed both houses, shall be presented to the governor, and if he 
approve, he shall sign it ; if not, he shall return it with his objections, 
to the house in which it shall have originated, who shall enter the 
objections at large on the journals, and proceed to reconsider it. 
If after such reconsideration, a majority of the whole number of 
members of that house shall agree to pass it, it shall be sent, together 



138 Alabama— 1867 

with the objections, to the other house, by which it shall lx» recon- 
sidered, and if approved by a majority of the whole number of 
members of that house, it shall have the same effect as if it had been 
signed by the governor; but in all such cases, the votes of both houses 
shall be taken by yeas and nays, and the names of pei"sons voting for 
and against the bill or resolution, shall be entered on the journals of 
both houses respectively. If the bill or resolution shall not be returned 
by the goveraor within five days (Sundays excepted) after it shall 
have been presented to him, it shall have the same force and effect 
as if he had signed it, unless the General Assembly by its adjourn- 
ment, 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 adjourn- 
ment, 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 bills. 

Sec. 18. Each member of the General Assembly shall receive from 
the public treasury such compensation for his services as may be pre- 
scribed by law ; but no increase of compensation shall take effect 
during the session at wliich such increase shall have been made. 

Sec. 19. No Senator or Representative shall, during the term for 
which he shall have been elected, be appointed to any civil office of 
profit under this State, which shall have been created, or the emolu- 
ments of which shall have been increased during such term, except 
such office as may be filled by election by the people. 

Sec. 20. No person who holds any lucrative office under the United 
States, or under this State, or any other State or government (except 
postmasters, officers in the militia to whose office no annual salary 
is attached, justices of the peace, meml)ers of the court of county 
commissioners, notaries public, and commissioners of deeds;) no j^er- 
son who have been convicted of having given or offered any bribe to 
procure his election to any office; no i)erson who has been convicted 
of bribery, forgery, perjury, or other high crime, or misdemeanor, 
which may be by law declared to disqualirv him; and no person who 
has been a collector, or holder of any public moneys, and has failed 
to account for and pay o\er to the treasury all sums for which he 
may be by law accountable, shall be eligible to the general assembly. 

Sec. 21. The General Assembly shall meet annually, on such day as 
may be by law prescribed, and shall not remain in session longer than 
thirty days, except by a vote of two-thirds of each house. 

Sec. 22. In all elections by the General Assembly, the members 
shall vote vira voce, and the votes shall be entered on the journals. 

Sec. 23. All State officers may be impeached for any misdemeanor 
in office, but judgment shall not extend further than removal from 
office, and disqualification to hold office, under the authority of this 
State. The party impeached, whether convicted or not, shall be 
liable to indictment, trial and judgment, according to law. 

Sec. 24. The House of Representatives shall have the sole power of 
preferring impeachment. All impeachments shall he tried by the 
Senate ; the Senatoi's, when sitting for that purpose, shall be on oath 
or affirmation : and no person shall be convicted under an impeach- 
ment without the concurrence of two-thirds of the Senators present. 

Sec. 25. It shall be the duty of the General Assembly to pass such 



Alahama~1867 139 

laws as may be necessary and proper to decide differences by arbi- 
trators, to be appointed by the parties who may choose that mode of 
adjustment. 

Sec. 2G. It shall be the duty of the General Assembly, from time to 
time, as circumstances ma}' require, to frame and adopt a penal code 
founded on principles of reformation. 

Sec. 27. It shall be the duty of the General Assembly, within five 
years after the adoption of this constitution, and within every sub- 
sequent period of ten years, to make provision by law for the revi- 
sion, 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. 

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 cases by law provided for, and by suit in chancery ; but 
decisions 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. No money shall be drawn from the treasury but in pursu- 
ance of an appropriation made by law ; and a regular statement and 
account of receipts and expenditures of all public moneys shall be 
published annually, in such manner as may be by law directed. 

Sec. 32. The General Assembly shall not borrow or raise money on 
the credit of this State, except for purposes of military defence 
against actual or threatened invasion, rebellion or insurrection, with- 
out the concurrence of tAvo-thirds of the members of each house; 
nor shall the debts or liabilities of any corporation, person or persons, 
or other States by guaranteed, nor any money, credit or other thing 
be loaned or given away, except by a like concurrence of each house ; 
and the votefi shall, in each case, be taken by the yeas and nays, and 
be entered on the journals. 

Sec. 33. The State shall not engage in works of internal improve- 
ment; but its credit in aid of such may be pledged by the General 
Assembly on undoubted security, by a vote of two-thirds of each 
house of the General Assembly. 

Sec. 34. It shall be the duty of the General Assembly to make 
adequate provisions in each county for the maintenance of the poor 
of this State. 

Sec. 35. Any citizen of this State who shall, after the adoption of 
this Constitution, either in or out of this State, fight a duel with 
deadly weapons, or send, or accept a challenge so to do, or act as a 
second, or knowingly aid or assist in any manner those thus offending, 
shall be incapable of holding any office under this State. 

Sec. 36. The General Assembly shall not have power to authorize 
any municipal corporation to pass any laws contrary to the general 
laws of the State, nor to levy a tax on real and personal property to 
a greater extent than two per centum of the assessed value of such 
property. 



140 Alabama— 1867 

Sec. 37. In the event of annexation of any foreign territory to this 
State, the General Assembly shall enact laws extending to the inhab- 
itants 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. 

Article V 

EXECUTIVE DEPARTMENT 

Section 1. The P^xecutive Department shall consist of a Governor, 
Lieutenant-Governor, Secretar}' of State, Auditor, Treasurer, and 
Attorney-General, Avho shall be chosen by the electors of the State, 
at the time and places at which they shall vote for Representatives. 

Sec. 2. The Governor, Lieutenant-Governor, Secretary of State, 
Treasurer, and Attorney-General shall hold their offices for the term 
of two years, and the Auditor for the term of four years. 

Sec. 3. The returns of every election for the officers named in the 
preceding section, shall be sealed up and transmitted to the seat of 
Government, by the returning officers, directed to the presiding 
officer of the Senate, who, during the first week of the session, shall 
open and publish the same in the presence of a majority of the mem- 
bers of the General Assembly ; the person having the highest number 
of votes shall be declared duly elected, but if two or more shall be 
highest and equal in votes for the same office, one of them shall be 
chosen by the joint vote of both houses. Contested elections for 
executive officers shall be determined by both houses of the General 
Assembl)^, in such manner as shall be prescribed by law. 

Sec. 4. The supreme executive power of this State shall be vested in 
the Governor. 

Sec. 5. He shall take care that the laws are faithfully executed. 

Sec. 6. He may require information in writing, from the officers in 
the executive department, upon any subject relating to the duties of 
their respective offices. 

Sec. 7. He shall communicate at every session, by message to the 
General Assembly', the condition of the State, and recommend such 
measures as he shall deem expedient. 

Sec. 8. He may, on extraordinary occasions, convene the General 
Assembly by proclamation, and shall state to both houses, when 
assembled, the purposes for which they have been convened. 

Sec. 9. In case of disagreement between the two houses, in respect 
to the time of adjournment, he shall have power to adjourn the 
General Assembly to such time as he may think proper, but not 
beyond the regular meetings thereof. 

Sec. 10. He shall be commander-in-chief of the military and naval 
forces of the State, except when they shall be called into the service 
of the United States. 

Sec. 11. He shall have power, after conviction, to grant reprieves, 
commutations and pardons for all offences, (except treason and cases 
of impeachment,) upon such conditions as he may think proper, sub- 
ject, nowever, to such regulations as to the manner of applying 
for pardons as mav l>e prescribed by law; but such pardons shall 
not relieve from civil or political disability. Upon conviction of 



Alabama— 1867 141 

treason, he may suspend the execution of the sentence, and report 
the same to the general assembly at the next meeting, when the 
General Assembly shall either pardon, commute the sentence, direct 
its execution, or grant further reprieve. He shall communicate to 
the general assembly, at every regular session, each case of reprieve, 
commutation, or pardon granted, stating the name and crime of the 
convict, the sentence, its date, and the date of the commutation, 
pardon or reprieve, with his reasons therefor. 

Sec. 12. There shall be a great seal of the State, which shall be kept 
and used by the Governor oflicially; and the seal heretofore in use, 
shall continue to be the great seal of the State imtil another shall 
have been adopted by the General Assembly. 

Sec. 13. All grants and commissions shall be issued in the name 
and by the authority of the State of Alabama, sealed with the great 
seal, signed by the governor, and countersigned by the Secretary of 
State. 

Sec. 14. No member of Congress, or other person, holding office 
under the authority of this State, or of the United States, shall exe- 
cute the office of Governor, except as herein provided. 

Sec. 15. In case of the death, impeachment, resignation, removal, 
or other disability of the Governor, the poAvers and duties of the office, 
for the residue of the term, or until he shall be acquitted, or the disa- 
bility removed, shall devolve upon the Lieutenant-Governor. 

Sec. 1G. The lieutenant-governor shall be president of the Sen- 
ate, but shall vote only when the senate is equally divided; and in 
case of his absence or impeachment, or when he shall exercise the 
office of Governor, the senate shall choose a president p7'o tempore. 

Sec. 17. If the Lieutenant-Governor, Avhile executing the office of 
Governor, shall be impeached, displaced, resign or die, or otherwise 
become incapable of performing the duties of the office, the president 
of the Senate shall act as Governor until the vacancy is filled or the 
disability removed ; and if the President of the Senate for any of the 
above causes shall be rendered incapable of performing the duties 
pertaining to the office of Governor, the same shall devolve upon the 
Speaker of the House of Representatives. 

Sec. 18. Should the office of Secretary of State, Auditor, Treasurer, 
or Attorney-general become vacant from any of the causes specified 
in the fifteenth section of this article, the governor shall fill the 
vacancy until the disability is removed, or a successor elected and 
qualified. Every such vacancy shall be filled by election at the first 
general election that occurs more than thirty days after it shall have 
occurred, and the person chosen shall hold the office for the full term 
fixed in the second section of this article. 

Sec. 19. The officers mentioned in this article shall, at stated times, 
receive for their services a compensation to be established by law, 
which shall neither be increased or diminished during the period for 
which they shall have been elected. 

Sec. 20. The officers of the Executive Department, and of the pub- 
lic institutions of the State, shall, at least five days preceding each 
regular session of the General Assembly, severally report to the Gov- 
ernor, who shall transmit such reports with his message to the Gen- 
eral Assembly. 

Sec. 21. A sheriff shall be elected in each county by the qualified 
7251— VOL 1—07 12 



142 Alabama— 1867 

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 depiitv for any two successive terms. Vacancies in the 
office of sheriff shall be filled by the Governor as in other cases; and 
the person appointed shall continue in office until the next general 
election in the county for sheriff, as by law provided. 

Article VI 

JUDICIAL DEPARTMENT 

Section 1. The judicial power of the State shall Ije vested in the 
Senate sitting as a court of impeachment, a Supreme Court, Circuit 
Courts, Chancery Courts, Courts of Probate, such inferior Courts of 
Law and Equity, to consist of not more than five members, as the 
General Assembly may from time to time establish, and such i^ersons 
as nuiy Iw by law invested with powers of a judicial nature. 

Sec. 2. Except in cases otherwise directed in the Constitution, the 
Supreme Court 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 
prescrilx^d by law : Provided, That said court shall have power to 
issue writs of injunction, rnandamus, habeas corpus, quo warranto, 
and such other remedial and original writs as may be necessary to 
give it a general superintendence and control of inferior jurisdiction. 

Sec. 8. The Supreme Court shall be held at the seat of government, 
but if that shall have become dangerous from an enemy, or from 
disease, it may adjourn to a different place. 

Sec. 4. The State shall be divided by the General Assembly into 
convenient circuits, each of which shall contain not less than three 
nor more than eight counties; and for each circuit there shall be 
chosen a judge, who shall, after his election or appointment, reside 
in the circuit for which he shall have been chosen. 

Sec. 5. The Circuit Court shall have original judisdiction in all 
matters, civil and criminal, within the State, not otherwise excepted 
in the Constitution, but in civil cases only when the matter or sum in 
controversy exceeds fifty dollars: Prorided, Jioicever, That the Cir- 
cuit Court shall have equity jurisdiction concurrent with the Courts 
of Chancery in all cases for divorce, and cases in which the value of 
the matter in controversy does not exceed the sum of five thousand 
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 : Proinded, That the Judges of the 
several Circuit Courts shall have power to issue writs of injunction 
returnable into Courts of Chancery. 

Sec. 7. The General Assembly shall have power to establish a 
Cour or Courts of Chancery with original and appellate jurisdiction. 
The State shall be divided by the General Aasembly into convenient 
Chancery Divisions, and the Divisions into Districts; and for each 
division there shall be a Chancellor, who shall, after his election or 



Alabama— 1867 143 

appointment, reside in the Division for which he shall have been 
elected or appointed. 

Sec. 8. A Chancery Court shall be held in each county at a place 
therein to be fixed by law, and the Chancellors may hold courts for 
each other, when they deem it expedient. 

Sec. 9. The General Assembly shall have power to establish in each 
county within the State a Court of Probate, with general jurisdiction 
for the granting of letters testamentary and of administration, and 
for orphans' business; and the General Assembly may confer on the 
said courts, jurisdiction of contracts for labor, and order frequent 
sessions for that purpose. 

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 not be diminished during their continu- 
ance in office ; but they shall receive no fees or perquisites, nor hold 
any office (except judicial offices) of profit or trust under this State, 
or the United States, during the term for which they have been 
elected, nor under any other power during their continuance in office. 

Sec. 11. Judges of the Supreme Court, and Chancellors, and 
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, towns or districts, for which 
said courts may be established, on the Tuesday after the first Monday 
in November of each year, or such other day as may be by law pre- 
scribed. Vacancies in the office of the Circuit Judge, Judge of Pro- 
bate, 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 appointed by law for election 
of Judge, and until his successor shall have been elected and qualified. 

Sec. 12. The Judges of the several Courts of this State shall hold 
their office 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 ad- 
mitted 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 journal of each house respectively. 

Sec. 13. A competent number of justices and constables shall be 
elected in and for each county by the qualified electors thereof, who 
shall hold office during such terms as may be prescribed by law. Said 
justices shall have jurisdiction in all civil cases wherein the amount 
in controversy does not exceed one hundred dollars. In all cases tried 
before such justices the right of appeal shall be secured by law : Pro- 
vided, That notaries public appointed according to law shall be 
authorized and required to exercise, throughout their respective coun- 
ties, all the powers and jurisdiction of justices of the peace. 



144 Alabama— 1867 

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 
]udges of the inferior courts within their resj>ective counties, 

Sfx\ IT). The clerk of the Supreme Court shall be appointed by the 
judges thereof; registers in chancery, by the chancellors of the divi- 
sions; and all the clerks and registers so appointed shall be removed 
by the appointing power for cause to be placed on the records of the 
court. 

Sec. 10. The Attorney-General shall reside at the seat of govern- 
ment, and shall be the law-officer of the State. During the session of 
the General Assembly, he shall furnish to the committees of either 
house, when required, draughts of bills and written opinions upon 
any matter under consideration of the committees, and shall j^erform 
such other duties as may be required of him by law. 

Sec. 17. A solicitor shall be elected in each county in this State by 
the qualified electors of such county, who shall reside in the county 
for which he is elected, and perform such duties as may be required 
of him by law. He shall hold office for a term of four years, and in 
case of vacancy, such vacancy shall 1h? filled by the judge of the cir- 
cuit until his successor is elected and qualified. 

Sec. 18. Clerks of the Circuit Court, and such inferior courts as 
may be by law established, shall be elected by the qualified electors in 
each county, for the term of six years, and may be removed from 
office for cause, and in such manner as may be by law prescril^ed. 
Vacancies in the office of clerk shall be filled by the judge of the cir- 
cuit, until the next general election, and until a successor shall be 
elected and qualified: Prorided, That the General Assembly shall 
have power to annex the duties of clerk to the office of judge of any 
of the inferior courts bv law established. 

Sec. 19. The style of all processes shall be " The State of Ala- 
bama,''^ 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." 

Akticle VII 

ELECTIONS 

Sec^tion 1. In all elections bv the people, the electors shall vote by 
ballot. 

Sec. 2. Every male person, born in the United States, and every 
male person who has been naturalized, or who has legally declared 
his intention to become a citizen of the United States, twenty-one 
years old or upward, who shall have resided in this State six months 
next preceding the election, and six months in the county in which 
he oners to vote, except as hereinafter provided, shall be deemed an 
elector: Prorided^ That no soldier, or sailor, or marine in the mili- 
tarv or naval service of the United States, shall hereafter acquire a 
residence by reason of being stationed on duty in this State. 

Sec. 3. It shall be the duty of the General Assembly to provide, 
from time to time, for the registration of all electors; but the follow- 
ing class of persons shall not be permitted to register, vote or hold 



Alabama— 1867 145 

o&ce>'. 1st. Those who, during the late rebellion, inflicted, or caused 
to be inflicted, any cruel or unusual punishment upon any sol- 
dier, sailor, marine, employe or citizen of the United States, or who 
in any other way violated the rules of civilized warfare. 2d, Those 
who may be disqualified from holding office by the proposed amend- 
ment to the Constitution of the United States, known as "Article 
XIV," and those who have been disqualified from registering to vote 
for delegates to the convention to frame a constitution for the State 
of Alabama, under the act of Congress " to provide for the more effi- 
cient government of the rebel States," passed by Congress March 2, 
1867, and the act supplementary thereto, except such persons as 
aided in the reconstruction proposed by Congress, and accept the 
political equality of all men before the law : Provided, That the Gen- 
eral Assembly shall have power to remove the disabilities incurred 
under this clause. 3d, Those who shall have been convicted of treason, 
embezzlement of public funds, malfeasance in office, crime punishable 
by law with imprisonment in the penitentiary, or bribery. 4th, 
Those who are idiots or insane. 

Sec. 4. All persons, before registering, must take and subscribe the 

following oath : I, , do solemnly swear (or affirm) that 

I will support and maintain the Constitution and laws of the United 
States, and the Constitution and laws of the State of Alabama ; that 
I am not excluded from registering by any of the clauses in section 3, 
Article VII, of the Constitution of the State of Alabama; that I 
will never countenance or aid in the secession of this State from the 
United States; that I accept the civil and political equality of all 
men ; and agree not to attempt to deprive any person or persons, on 
account of race, color, or previous condition, of any political or civil 
right, privilege, or immunity, enjoyed by any other class of men; 
and furthermore, that I will not in any way injure, or countenance 
in others any attempt to injure, any person or persons, on account 
of past or present support of the Government of the United States, 
the laws of the United States, or the principle of the civil and polit- 
ical equality of all men, or for affiliation with any political party. 

Sec. 5. Electors shall, in all cases except treason, felony, or breach 
of the peace, be privileged from arrest and civil process during their 
attendance at elections, and in going to and returning from the same. 

Sec. 6. It shall be the duty of the General Assembly to enact ade- 
quate laws giving protection against the evils arising from the use 
of intoxicating liquors at elections. 

Sec. 7. Returns of elections for all civil officers elected by the 
people, who are to be commissioned by the Governor, and also for the 
members of the General Assembly, shall be made to the Secretary 
of State. 

Article VIII 

representation 

Section 1. The House of Representatives shall consist of not more 
than one hundred members, who shall be apportioned by the General 
Assembly among the several counties of the State, according to the 
number of inhabitants in them respectively; and to this end the 
General Assembly shall cause an enumeration of all the inhabitants 



146 Alabama— 1867 

of the State to be made in the year 1875, and every ten years there- 
after, and shall make an apportionment of the representatives among 
the several counties at the first regular session after each enumera- 
tion; which apportionment, when made, shall not l)e subject to alter- 
ation until after the next census shall have been taken: Pronided, 
That each county shall be entitled to at least one representative: 
And provided^ further^ That when two or more adjoining countias 
shall each have a residuum, or fraction over and above the ratio 
then fixed by law, which fractions, when added together, equal, or 
exceed that ratio, in that case the county having the largest fraction 
shall be entitled to one additional representative. 

Sec. 2. Until the General Assembly shall make an apportionment 
of the representatives among the several counties, after the first 
enumeration made as herein provided, the counties of Autauga, Bald- 
win, Bibb, Blount, Butler, Calhoun, Clay, Clarke, Cherokee, Cle- 
burne, Crenshaw, Choctaw, Coffee, Conecuh, Coosa, Covington, Dale, 
De Kalb, P^lmore, Fayette, Heniy, Jefferson, Lauderdale, Limestone, 
Marshall, Marion, Monroe, Morgan, Pike, Randolph, Saint Clair, 
Shelby, Walker, AVashington and Winston, shall have one representa- 
tive each ; the counties of Chambers, Franklin, Greene, Hale, Jackson, 
Lee, Lawrence, Macon, Pickens, Russell, Talladega, Tallapoosa and 
Tuscaloosa, shall be entitled to two representatives each; the counties 
of Barbour, Bullock, Lowndes, Madison, Marengo, Perry, Sumter 
and Wilcox, shall be entitled to three representatives each; the 
counties of Dallas, Mobile and Montgomery, shall be entitled to five 
representatives each : Provided^ That in the formation of new coun- 
ties, the General Assembly may apportion to each its proper repre- 
sentation. 

Sec, 3. The whole number of Senators shall be not less than one- 
fourth or more than one-third of the whole number of representa- 
tives; and it shall be the duty of the General Assembly, at its first 
session after the making of each enumeration, as provided by section 
first of this article, to fix by law the number of Senators, and to 
divide the State into as many senatorial districts as there are Sena- 
tors; which districts shall be as nearly equal to each other as may be 
in the number of inhabitants, and each shall be entitled to one Sena- 
tor, and no more: Provided^ That no county shall be divided, and no 
two or more counties, which are separated entirely by a county 
belonging to another district, shall be joined in one district : And pro- 
vided^ further^ That the senatorial districts, when formed, shall not 
be changed until after the next enumeration shall have been taken. 

Sec. 4. At the first general election after each new apportionment, 
elections shall be held anew in all the senatorial districts. The Sena- 
tors elected, when convened at the next ensuing session of the Gen- 
eral Assembly, shall be divided by lot into two classes, as nearly 
equal as may be; the seats of the Senators of the first class shall be 
vacated at the expiration of two years, and those of the second class 
•at the expiration of four years, from the day of election, so that 
(except as above provided,) one-half of the Senators may be chosen 
biennially. 

Sec. 5. Until the General Assembly shall divide the State into sena- 
torial districts as herein provided, the senatorial districts shall remain 
as follows : 1st district. Limestone and Lauderdale ; 2d, Franklin and 



Alabama— 1867 147 

Lawrence; 3d, Morgan, Blount, Winston and Marion; 4th, Madison; 
5th, Jackson, Marshall and l)e Kalb; 6th, Cherokee and Calhoun; 
Tth, Walker, Jefferson and Saint Clair; 8th, Shelby and Bibb; 9th, 
Tuscaloosa and Fayette; 10th, Talledega and Clay; 11th, Chambers, 
Randolph and Cleburne; 12th, Coosa and Tallapoosa; 13th, Lee; 
14th, Macon; 15th, Russell; 16th, Bullock; I7th, Barbour; 18th, 
Autauga and Elmore; 19th, Montgomery; 20th, Lowndes; 21st, Dal- 
las; 22d, Perry; 23d, Hale; 24th, Greene and Pickens; 25th, Sumter; 
26th, Marengo; 27th, Choctaw, Clarke and Washington; 28th, Mo- 
bile; 29th, Monroe and Baldwin; 30th, Wilcox; 31st, Butler and 
Conecuh ; 32d, Covington, Crenshaw and Pike ; 33d, Coffee, Dale and 
Henry. 

Sec. 6. Lentil a new apportionment of representatives to the Con- 
gress of the United States shall have been made, the congressional 
districts shall remain as stated in the Revised Code of Alabama, and 
after each new apportionment, the General Assembly shall divide the 
State into as many districts as it is allowed Representatives in Con- 
gress, making such congressional districts as nearly equal in the num- 
ber of inhabitants as may be. 

Article IX 

TAXATION 

Section 1. All taxes levied on property in this State, shall be 
assessed in exact proportion to the value of such property : Pro vided, 
however, That the General Assembly may levy a poll-tax not to 
exceed one dollar and fifty cents on each poll, which shall be applied 
exclusively in aid of the public-school fund. 

Sec. 2. No power to levy taxes shall be delegated to individuals 
or private corporations. 

Article X 
militia 

Section 1» All able-bodied male inhabitants of this State, between 
the ages of eighteen years and forty-five years, who are citizens of the 
United States, or who have declared their intention to become citizens 
of the United States, shall be liable to military duty in the militia of 
this State ; but all citizens of any denomination whatever, who, from 
scruples or conscience, may be averse to bearing arms, shall be exempt 
therefrom upon such conditions as may be prescribed by law. 

Sec. 2. The General Assembly shall provide for the organizing, 
arming, equipping, and discipline of the militia, and for paying the 
same, when called into active service, in such manner as it shall deem 
expedient, not incompatible with the laws of the United States. 

Sec. 3. Officers of the militia shall be elected or appointed and 
commissioned in such manner as may be provided Ijy the General 
Assembly. 

Sec. 4. The Governor shall be commander-in-chief of the army and 
navy of this State, and of the militia, except when called into the 
service of the United States, and shall have power to call forth the 



148 Alabama— 1867 

militia to execute the laws, to suppress riots, or insurrections, and to 
repel invasion. 

Sec-. 5. The Governor shall nominate, and, by and with the consent 
of the Senate, api)oint one Major-General and three Brigadier-Gen- 
erals. The Adjutant-General, and other statF officers to the com- 
mander-in-chief, shall be appointed by the Governor, and their 
commissions shall expire with the Governor's term of office. No 
commissioned officer shall be removed from office except by the Senate, 
on the reconnuendation of the Governor, stating the grounds on which 
such iTimoval is recommended, or by the decision of a court-martial 
pursuant to law. 

Sec. G. The militia may be divided into two classes, to be desig- 
nated as " volunteer militia " and " reserve militia," in such manner 
as shall be provided by law. 

Sec. 7. The militia shall, in all cases, except felony, treason, or 
breach of the j>eace, be privileged from arrest during their attendance 
at musters and elections of officers, and in going to and returning 
from the same. 

Sec. 8. The officers and men commissioned and organized shall not 
be entitled to receive any pay, rations, or emoluments when not in 
active service. 

Article XI 

EDUCATION 

Section 1. The common schools, and other educational institutions 
of the State, shall be under the management of a Board of Education, 
consisting of a Superintendent of Public Instruction and two mem- 
bers from each Congressional District. 

The Governor of the State shall be ex o^cio, a member of the 
Board, but shall have no vote in its proceedings. 

Sec. 2. The Superintendent of Public Instruction shall be Presi- 
dent of the Board of Education, and have the casting vote in case of 
a tie ; he shall have the supervision of the public schools of the State, 
and perform such other duties as may be imposed upon him by the 
board and the laws of the State. He shall be elected in the same 
manner and for the same term as the Governor of the State, and 
receive such salary as may be fixed by law. An office shall be assigned 
him in the capitol of the State. 

Sec 3. The members of the Board shall hold office for a term of 
four years, and until their successors shall be elected and qualified. 
After the first election under the Constitution, the Board shall be 
divided into two equal classes, so that each class shall consist of one 
member from each District. The seats of the first class shall be 
vacated at the expiration of two years from the day of election, so that 
one-half may be chosen biennially. 

Sec. 4. The members of the Board of Education, except the Super- 
intendent, shall he elected by the qualified electors of the Congres- 
sional Districts in which they are chosen, at the same time and in the 
same manner as the members of Congress. 

Sec 5. The Board of Education shall exercise full legislative pow- 
ers in reference to the public educational institutions of the State, and 



Alabama— 1867 149 

its acts, when approved by the governor, or when re-enacted by two- 
thirds of the Board, in case of his disapproval, shall have the force 
and effect of law, unless repealed by the General Assembly 

Sec. 6. It shall be the duty of the Board to establish, throughout 
the State, in each township or other school-district which it may have 
created, one or more schools, at which all the children of the State 
between the ages of five and twenty-one years may attend free of 
charge. 

Sec. 7. No rule or law affecting the general interest of education 
shall be made by the board without the concurrence of a majority of 
its members. The style of all acts of the Board shall be, "5<? it 
enacted hy the Board of Education of the State of Alahamay 

Sec. 8. The Board of education shall be a body politic and cor- 
porate, by the name and style of " The Board of Education of the 
State of Alabama." Said Board shall also be a Board of llegents of 
the State University, and when sitting as a Board of liegents of the 
University shall have power to appoint the president and the faculties 
thereof. The President of the University shall be, ex officio^ a mem- 
ber of the board of regents, but shall have no vote in its proceedings. 

Sec. 9. The Board of Education shall meet annually at the seat of 
government at the same time as the General Assembly, but no session 
shall continue longer than twenty days, nor shall more than one 
session be held in the same year, unless authorized by the Governor. 
The members shall receive the same milekge and daily pay as the 
members of the General Assembly. 

Sec. 10. The proceeds of all lands that have been or may be granted 
by the United States to the State for educational purposes; of the 
swamp-lands ; and of all lands or other property given by individuals 
or appropriated by the State for like purposes; and of all estates of 
deceased persons who have died without leaving a will or heir; and 
all moneys which may be paid as an equivalent for exemption from 
military duty, shall be and remain a perpetual fund, which may be 
increased but not diminished, and the interest and income of which, 
together with the rents of all such lands as may remain unsold, and 
such other means as the General Assembly may provide, shall be 
inviolably appropriated to educational purposes, and to no other pur- 
pose whatever. 

Sec. 11. In addition to the amount accruing from the above sources, 
one-fifth of the aggregate annual revenue of the State shall be devoted 
exclusively to the maintenance of public schools. 

Sec. 12. The general assembly may give power to the. authorities 
of the school-districts to levy a poll-tax on the inhabitants of the 
district in aid of the general school-fund, and for no other purpose. 

Sec. 13. The (xeneral Assembly shall levy a specific annual tax 
upon all railroad, navigation, banking, and insurance corporations, and 
upon all insurance and foreign bank and exchange agencies, and upon 
the profits of foreign bank bills issued in this State by any corpora- 
tion, partnership or persons, which shall be exclusively devoted to 
the maintenance of public schools. 

Sec. 14. The General Assembly shall, as soon as practicable, pro- 
vide for the establishment of an agricultural college, and shall appro- 
priate the two hundred and forty thousand acres of land donated to 



150 Alabama— 1867 

this State for the support of such a college, by the act of Congress, 
passed July 2, 1862, or the money or scrip, as the case may be, arising 
from the sale of said land, or any lands which may hereafter be 
granted or appropriated for such purpose, for the support and main- 
tenance of such college, or schools, and may make the same a branch 
of the University of Alabama for instruction in agriculture, in the 
mechanic arts, and the natural sciences connected therewith, and place 
the same under the supervision of the regents of the university. 

Article XII 

INDUSTRIAL RESOURCES 

Section 1. A Bureau of Industrial Resources shall be established, 
to be under the management of a Coimnissioner, who shall be elected 
at the first general election, and shall hold his office for the term of 
four years. 

Sec. 2. The Commissioner of Industrial liesources shall collect and 
condense statistical information concerning the productive industries 
of the State ; and shall make, or cause to be made, a careful, accurate, 
and thorough report upon the agriculture and geology of the State, 
and annually report such additions as the progress of scientific 
development and extended explorations may require. He shall, from 
time to time, disseminate among the people of the State such knowl- 
edge as he may deem important, concerning improved machinery 
and production, and for the promotion of their agricultural, manu- 
facturing, and mining interests; and shall send out to the people of 
the United States and foreign countries such reports concerning the 
industrial resources of Alabama as may best make known the ad- 
vantages offered by the State to emigrants; and shall perform such 
other duties as the General Assembly may require. 

Sec. 3. It shall be the duty of the General Assembly, at the first 
session after the adoption of this Constitution, to pass such laws and 
regulations as may be necessary for the government and protection 
of this bureau, and also to fix and provide for the compensation of 
the commissioner. 

Sec. 4. This bureau shall be located, and the commissioner shall 
reside at the capital of the State, and he shall annually make a 
written or printed report to the Governor of the State, to be laid 
before the General Assembly at each session. 

Sec. 5. In case of the death, removal, or resignation of the com- 
missioner, the Governor, with the approval of the Senate, shall have 
power to appoint a commissioner for the unexpired term. 

Article XIII 

CORPORATIONS 

Section 1. Corporations may be formed under general laws, but 
shall not be created by special act, except for municipal purposes. 
All general laws, and special acts passed pursuant to this section, 
may be altered, amended, or repealed. 



Alabama— 1867 ' 151 

Sec. 2. Dues from corporations shall be secured by such individual 
liabilities of the corporators or other means as may be prescribed by 
law. 

Sec. 3. Each stockholder in any corporation shall be liable to the 
amount of stock held or owned by him. 

Sec 4. The property of corporations now existing, or hereafter 
created, shall forever be subject to taxation the same as property of 
individuals, except corporations for educational and charitable pur- 
poses. 

Sec. 5. No ri^ht of way shall be appropriated to the use of any 
corporation, until full compensation therefor be first made in money, 
or secured by a deposit of money to the owner, irrespective of any 
benefit from any improvement proposed by such corporation; which 
compensation shall be ascertained by a jury of twelve men in a court 
of record, as shall be prescribed by law. 

Sec. 6. The General Assembly shall not have power to establish 
or incorporate any bank or banking company, or moneyed institution, 
for the purpose of issuing bills of credit or bills payable to order or 
bearer, except under the conditions prescribed in this Constitution. 

Sec. 7. No bank shall be established, otherwise than under a gen- 
eral banking law, as provided in the first section of this article. 

Sec. 8. The General Assembly may enact a general banking law, 
which law shall provide for the registry and countersigning by the Gov- 
ernor of the State of all paper credit designed to be created as money ; 
and ample collateral security, convertible into specie, or the redemp- 
tion of the same in gold or silver, shall be required, and such col- 
lateral security shall be under the control of such officer or officers as 
may be prescribed by law. 

Sec. 9. All bills or notes issued as money, shall be at all times re- 
deemable in gold or silver, and no law shall be passed sanctioning, 
directly or indirectly, the suspension by any bank or banking com- 
pany, of specie payment. 

Sec. 10. Holders of bank-notes shall be entitled, in case of insol- 
vency, to preference of payment over all other creditors. 

Sec. 11. Every bank or banking company shall be required to 
cease all banking operations within twenty years from the time of 
its organization, and promptly thereafter close its business. 

Sec. 12. No bank shall receive, directly or indirectly, a greater rate 
of interest than shall be allowed by law to individuals for lending 
money. 

Sec. 13. The State shall not be a stockholder in any bank, nor shall 
the credit of the State ever be given or lent to any banking company, 
association, or corporation, except for the purpose of expediting the 
construction of railroads, or works of internal improvement, within 
the State, and the credit of the State shall, in no case, be given or lent 
without the approval of two-thirds of both houses of the general 
assembly. 

Sec. 15. All corporations shall have the right to sue and shall be 
subject to be sued, in all courts, in like cases as natural persons. 

Sec. 16. It shall be the duty of the General Assembly to provide 
for the organization of cities and incorporated towns, and to restrict 
their power of taxation, assessment, and contracting of debt. 



152 ' Alabama— 1867 

Akticle XIV 



EXEMPTED PROPERTY 



Section 1. The personal property of any resident of this State to 
the vahiebf one thousand doUars, to Iw selected by such resident, shall 
be exempted from sale on execution, or other final process of any 
court, issued for the collection of any debt contracted after the adop- 
tion of this Constitution. 

Sec. 2. Every homestead, not exceeding eighty acres of land, and 
the dwelling and appurtenances thereon, to be selected by the owner 
thereof, and not in any town, city, or village, or in lieu thereof, at 
the option of the owner, any lot in the city, town, or village, with the 
dwelling and appurtenances thereon, owned and occupied by any 
resident of this State, and not exceeding the value of two thousand 
dollars, shall be exempted from sale, on execution, or any other final 
process from a court, from any debt contracted after the adoption of 
this Constitution. Such exemption, however, shall not extend to 
any mortgage lawfully obtained, but such mortgage or other aliena- 
tion of such homesteacl, by the owner thereof, if a married man, shall 
not be valid without the voluntary signature and assent of the wife 
of the same. 

Sec. 3. The homestead of a family, after the death of the owner 
thereof, shall be exempt from the payment of any debts contracted 
after the adoption of this Constitution, in all cases, during the minor- 
ity of the children. 

Sec. 4. The provisions of sections 1 and 2 of this article shall not 
be so construed as to prevent a laborers' lien for work done and per- 
formed for the person claiming such exemption, or a mechanics' lien 
for work done on the premises. 

Sec. 5. If the owner of a homestead die, leaving a widow, but no 
children, the same shall be exempt, and the rents and profits thereof 
shall inure to her benefit. 

Sec. 6. The real and personal property of any female in this State, 
acquired before marriage, and all property, real and personal, to 
which she may afterward be entitled by gift, grant, inheritance, or 
devise, shall be and remain the separate estate and property of such 
female, and shall not be liable for any debts, obligations, and engage- 
ments of her husband, and may be devised or bequeathed by her the 
same as if she were n fcntmc sole. 

Article XV 

OATH OF OFFICE 

Section 1. 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 : 

1, , do solemnly swear (or affirm) that I am not dis- 
franchised b^y the constitution of Alabama, or by the Constitution or 
laws of the United States; that I will honestly and faithfully support 
and defend the Constitution and laws of the United States, the Union 
of the States, and the Constitution and laws of the State of Alabama, 
so long as T remain a citizen thereof: and that I will honestly and 
faithfully discharge the duties of the office upon which I am about to 
enter to the best of my ability. So help me God. 



Alabama— 1875 153 

Article XVI 

AMENDMENTS TO THE CONSTITUTION 

Section 1. The General Assembly, whenever two-thirds of each 
house shall deem it necessary, may propose amendments to this Con- 
stitution, which proposed amendments shall be duly published in 
print at least three months before the next general election of repre- 
sentatives, for the consideration of the people; and it shall be the 
duty of the several returning officers at the next general election 
which shall be held for representatives, to open a poll for, and make 
a return to the Secretary of State for the time being, of the names 
of all those voting for representative who have voted on such pro- 
posed amendments, and if thereupon it shall appear that a majority 
of all the citizens of the State voting for representatives have voted 
in favor of such proposed amendments, and two-thirds of each house 
of the next General Assembly shall, after such an election, and before 
another, ratify the same amendments, by yeas and nays, they shall be 
valid to all intents and purposes, as part of this Constitution: Pro- 
vided^ That the said proposed amendments shall, at each of the said 
sessions, have been read three times on three several days in each 
house. 

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 all 
the electors, twonty-one years of age and upward, and approved by a 
majority of the electors voting at said election. 

E. W. Peck, President. 

Robert Barber, Secretary. 

CONSTITUTION OF ALABAMA— 1875 * -^ 

preamble 

We, the people of the State of Alabama, in order to establish jus- 
tice, insure domestic tranquillity, provide for the common defence, 
promote the general welfare, and to secure to ourselves and to our 
posterity life, liberty, and property, profoundly grateful to Almighty 
God for this inestimable right, and invoking His favor and guidance, 
do ordain and establish the following constitution and form of gov- 
ernment for the State of Alabama. 

* Verified by the " Journal of the Constitutional Convention of the State of 
Alabama, assembled in the city of Montgomery, September 6, 1875. Mont- 
gomery, Alabama, W. W. Screws, State Printer, 1875." Pp. 175-214. 

a Tliis constitution was framed by a convention which met at Montgomery Sep- 
tember G. 1875, and completed its labors October 2. 1875. It was submitted to 
the people of Alabama and ratified November 16, 1875, receiving 95,(»72 votes 
against 30,004 votes, and went into operation December G, 1875. 



154 Alabarmi—1875 

Article I 

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 equally free and independent; 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 inten- 
tion to become citizens of the United States, are hereby declared citi- 
zens of the State of Alabama, possessing equal civil and political 
rights. 

Sec. 3. That all political power is inherent in the people, and all 
free governments are founded on their authority antl instituted for 
their benefit; and that, therefore, they have, at all times, an inalien- 
able and indefeasible right to change their form of. government, in 
such manner as they may deem expedient. 

Sec. 4. That no religion shall be established by law; that no 
preference shall be given by law to any religious sect, society, denomi- 
nation, or mode of worship ; that no one shall be compelled by law to 
attend any place of worship, nor to pay. any tithes, taxes, or other 
rate, for building or repairing any place of worship, or for main- 
taining any minister or ministry; that no religious test shall be re- 
quired as a qualification to any office or public trust under this State ; 
and that the civil rights, privileges, and capacities of any citizen shall 
not be in any manner affected by his religious principles. 

Sec. 5. That any citizen may speak, write, and publish his senti- 
ments on all subjects, being responsible for the abuse of that liberty. 

Sec. 6. That the people shall be secure in their persons, houses, 
papers, and possessions from unreasonable seizures or searches, and 
that no warrant shall issue to search any place, or to seize any person 
or thing, without probable cause, supported by oath or affirmation. 

Sec. 7. That in all criminal prosecutions the accused has a right to 
be heard by himself and counsel, or either; to demand the nature 
and cause of the accusation ; to have a copy thereof ; to be confronted 
by witnesses against him; to have compulsory process for obtaining 
witnesses in his favor ; and in all prosecutions by indictment a speedy 
public trial by an impartial jury of the county or district in which 
the offence was committed ; and that he shall not l)e compelled to give 
evidence against himself, nor be deprived of his life, liberty, or 
property, but by due process of law. 

Sec. 8. That no person shall be accused or arrested, or detained, 
except in cases ascertained by law, and according to the forms which 
the same has prescril^ed; and no person shall be punished but by 
virtue of a law established and promulgated prior to the offence, and 
legally applied. 

Sec. 9. That no person shall, for any indictable offence, be pro- 
ceeded against criminally, by information, except in cases arising in 
the militia and volunteer forces when in actual service, or by leave 
of the court, for misfeasance, misdemeanor, extortion, and oppression 
in office, otherwise than as is provided in this constitution : Pj'orided, 
That in cases of petit larceny, assault, assault and battery, affray, 



Alabama — 1875 155 

unlawful assemblies, vagrancy, and other misdemeanors, the General 
Assembly may, by law, dispense with a grand jury, and authorize 
such prosecutions and proceedings before justices of the peace or 
such other inferior courts as may be by law established. 

Sec. 10. That no person shall, for the same offence, be twice put 
in jeopardy of life or limb. 

Sec. 11. That no person shall be debarred from prosecuting or 
defending, before any tribunal in the State, by himself or counsel, 
any civil cause or proceeding to which he is a party. 

Sec. 12. That the right of trial by jury shall remain inviolate. 

Sec. 13. That in prosecutions for the publication of papers in- 
vestigating 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 that in all indictments 
for libel the jury shall have the right to determine the law and the 
facts under the direction of the court. 

Sec. 14. That all courts shall be open, and that every person, for 
any injury done him in his lands, goods, person, or reputation, shall 
have a remedy by due process of law; and right and justice shall 
be administered without sale, denial, or delay. 

Sec. 15. The State of Alabama shall never be made defendant in 
any court of law or equity. 

Sec. 1G. That excessive fines shall not be imposed, nor cruel or 
unusual punishments inflicted. 

Sec. 17. That all persons shall, before conviction, be bailable by 
sufficient sureties, except for capital offences when the proof is evi- 
dent or the presumption great. Excessive bail shall not, in any case, 
be required. 

Sec. 18. The privilege of the writ of habeas corpus shall not be 
suspended by the authorities of this State. 

Sec. 19. That treason against the State shall consist only in levy- 
ing war against it, or adhering to its enemies, giving them aid and 
comfort; and that no person shall be convicted of treason except 
on the testimony of two witnesses to the same overt act, or his own 
confession in open court. 

Sec. 20. That no person shall be attainted of treason by the Gen- 
eral Assembly ; and that no conviction shall work corruption of blood 
or forfeiture of estate. 

Sec. 21. That no person shall be imprisoned for debt. 

Sec 22. That no power of suspending laws shall be exercised, 
except by the General Assembly. 

Sec. 23. That no ex post facto law, nor any law impairing the 
obligation of contracts, or making any irrevocable grants of special 
privileges or immunities, shall be passed by the General Assembly. 

Sec. 24. The exercise of the right of eminent domain shall never 
be abridged or so construed as to prevent the General Assembly 
from takmg the property and franchises of incorporated companies 
and subjecting them to public use the same as individuals. But 
private property shall not be taken for or applied to public use, unless 
just compensation be first made therefor; nor shall private prop- 
erty be taken for private use, or for the use of corporations, other 
than municipal, without the consent of the owners: Provided, how- 
ever. That the general assembly may, l)y law. secure to persons or 
corporations the right of way over the lands of other persons or 



156 Alabama— 1876 

corporations, and by general laws provide for and regulate the exer- 
cise by pei'sons anci coriwrations of the rights herein reserved; but 
just compensation shall, in all cases, be fii^st made to the owner: And 
provided, That the rigiit of eminent domain shall not be so con- 
strued as to allow taxation or forced subscription for the benefit of 
railroads or any other kind of corporations other than municipal, 
or for the l^enefit of any individual or association. 

Sec. 25. That all navigable waters shall remain forever public 
highways, free to the citizens of the State, and of the United States, 
without tax, imjwst, or toll, and that no tax, toll, impost, or Avharfage 
shall be demanded or received from the owner of any merchandise 
or conmiodity, for the use of the shores, or any wharf erected on the 
shores, or In or over the waters of any navigable stream, unless the 
same he expressly authorized by law. 

Sec. 26. That the citizens have a right in a peaceable manner, to 
assemble together for the common good, ana to apply to thiose 
invested with the power of government for redress of grievances, or 
other purposes, by petition, address, or remonstrance. 

Sec. 27. That every citizen has a right to bear arms in defence of 
himself and the State. 

Sec. 28. That no standing army shall be kept up without the con- 
sent of the general assembly: and, in that case, no appropriation 
for its support shall be made for a longer term than one year; and 
the military shall, in all cases and at all times, be in strict subordina- 
tion to the civil power. 

Sec. 20. That no soldier shall, in time of peace, be quartered in 
any house without the consent of the owner ; nor in time of war, but 
in a manner to be prescribed by law. 

Sec. 30. That no title of nobility, or hereditary distinction, privi- 
lege, honor, or emolument, shall ever be granted or conferred in this 
State; and that no office shall be created, the appointment to which 
.shall be for a lonn:er time than during good behavior. 

Sec. 31. That mimigration shall be encouraged, emigration shall 
not be prohibited, and no citizen shall be exiled. 

Sec. 32. That temporary absence from the State shall not cause 
a forfeiture of residence once obtained. 

Sec. 33. That no form of slavery shall exist in this State, and there 
shall be no involuntary servitude, otherwise than for the punishment 
of crime, of which the partv shall have l)een duly convicted. 

Sec. 34. The right of suA"rage shall be protected by laws regulating 
elections, and prohibiting, under adequate penalties, all undue influ- 
ences from i)ower, bribery, tumult, or other improper conduct. 

Sec. 35. The people of this State accept as final the established 
fact that from the Federal Union there can be no secession of any 
State. 

Sec. 36. Foreigners who are or may hereafter become hona-fide 
residents of this State shall enjoy the same rights, in respect to the 
possession, enjoyment, and inheritance of property, as native-born 
citizens. 

Sec. 37. That the sole object and only legitimate end of government 
is to protect the citizens in the enjoyment of life, liberty, and prop- 
erty; and when the government assumes other functions it is usurpa- 
tion and oppression. 



Alabama— 1875 157 

Sec. 38. No educational or property qualification for suffrage or 
office, nor any restraint upon the same, on account of race, color, or 
previous condition of servitude, shall be made by law. 

Sec. 39. That this enumeration of certain rights shall not impair 
or deny others retained by the people. 

Article II 

STATE AND COUNTY BOUNDARIES 

Section 1. The boundaries of this State are established and de- 
clared to be as follows, that is to say : Beginning at the point where 
the 31st degree of north latitude crosses 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 Ten- 
nessee; thence west along the southern boundary-line of the State 
of Tennessee, crossing the Tennessee River, and on to the second 
intersection of said river by said line; thence up said river to the 
mouth of Big Bear Creek; thence by a direct line to the northwest 
corner of Washington County in this State, as originally formed; 
thence southerly along the line of the State of Mississippi to the Gulf 
of Mexico ; thence eastwardly, including all islands within six leagues 
of the shore, to the Perdido River; thence up the said river to the 
beginning. 

Sec. 2. The boundaries of the several counties of this State, as 
heretofore established by law, are hereby ratified and confirmed. 
The general assembly may, by a vote of two-thirds of both houses 
thereof, arrange and designate boundaries for the several counties 
of this State, w^iich boundaries shall not be altered, except by a like 
vote; but no new counties shall be hereafter formed of less extent 
than six hundred square miles, and no existing county shall be 
reduced to less extent than six hundred square miles, and no new 
county shall be formed which does not contain a sufficient number of 
inhabitants to entitle it to one representative, under the ratio of 
representation existing at the time of its formation, and leave the . 
county or counties from which it is taken with the required number of 
inhabitants entitling such county or counties to separate representa- 
tion. 

Article III 

DISTRIBUTION OF POWERS OF GOVERNMENT 

Section 1. The powers of the government of the State of Alabama 
shall be divided into three distinct departments, each of which shall 
be confided to a separate body of magistracy, to wit : Those which are 
legislative to one; those which are executive to another; and those 
which are judicial to another. 

Sec. 2. No person or collection of persons, being of one of those 
departments, shall exercise any power properly belonging to either 
of the others, except in the instances hereinafter expressly directed 
or permitted. 

7251— VOL 1—07 13 



158 Alabama— 1875 

Article IV 

LEGISLATIVE DEPARTMENT 

Section 1. The legislative power of this State shall Ije vested in 
a General Assembly, which shall consist of a Senate and House of 
Representatives. 

Sec. 2. The style of the laws of this State shall be, "5e it enacted 
by the general assembly of Alabama;'''' each law shall contain but 
one subject, which shall be clearly expressed in its title, except 
general appropriation bills, general revenue bills, and bills adopting 
a code digest or revision or statutes; and no law shall Ije revived, 
amended, or the provisions thereof extended or conferred by refer- 
ence to its title only; but so much thereof as is revived, amended, 
extended, or conferred, shall be re-enacted and published at length. 

Sec. 3. Senators and representatives shall be elected by the qualified 
electors on the first Monday in August, 1870, and one-half of the sen- 
ators and all the representatives shall be elected every two years 
thereafter, unless the general assembly shall change the time of hold- 
ing elections. The terms of the office of the senators shall be four 
years, and that of the representatives two years, commencing on the 
day after the general election, except as otherwise provided in this 
constitution. 

Sec, 4. Senators shall be at least 27 years of age, and representa- 
tives 21 years of age; they shall have been citizens and inhabitants 
of this State for three years, and inhabitants of their respective coun- 
ties or districts one year next before their election, if such county or 
district shall have been so long established, but if not, then of the 
county or district from which the same shall have been taken; and 
they shall reside in their respective counties or districts during their 
terms of service. 

Sec. 5. The General Assembly shall meet biennially at the capitol, 
in the senate chamber and in the hall of the house of representatives, 
(except in cases of destruction of the capitol or epidemics, when the 

governor may convene them at such place in the State as he may deem 
est,) on the day specified in this constitution, or on such other day 
as may be prescribed by law, and shall not remain in session longer 
than sixty days at the first session held under this constitution, nor 
longer than firty days at any subsequent session. 

Sec. 6. The pay of the members of the general assembly shall be 
four dollars per day, and ten cents per mile in going to and returning 
from the seat of government, to be computed by the nearest usual 
route travelled. 

Sec. 7. The General Assembly shall consist of not more than thirty- 
three senators, and not more than one hundred members of the house 
of representatives, to be apportioned among the several districts and 
counties as prescribed in this constitution. 

Sec. 8. The senate, at the l^eginning of each regular session, and at 
such other times as may be necessary, shall elect one of ^jte jfcembers 
president thereof, and the house of representatives, at tli^beginning 
of each regular session, shall elect one of its members as speaker; and 
the president of the senate and the speaker of the house of represent- 
atives shall hold their offices respectively until their successors are 
elected and qualified. Each house shall choose its own officers, and 
shall judge of the election, returns, and qualifications of its members. 



Alabama— 1876 159 

Sec. 9. At the general election in the year 1876, Senators shall be 
elected in the even-numbered districts to serve for two years, and in 
the odd-numbered districts to serve for four years, so that thereafter 
one-half the Senators may be chosen biennially. Members of the 
House of Representatives shall be elected at the general election every 
second year. The time of service of Senators and Representatives 
shall begin on the day after their election, except the terms of those 
elected in 1876, which shall not begin until the term of the present 
members shall have exjjired. Whenever a vacancy shall occur in 
either house, the Governor for the time being shall issue a writ of 
election to fill such vacancy for the remainder of the term. 

Sec. 10. A majority of each house shall constitute a quorum to do 
business, but a smaller number may adjourn from day to day, and 
may compel the attendance of absent members in such manner and 
under penalties as each house may provide. 

Sec. 11. Each house shall have power to determine the rules of its 
proceedings, and punish its members or other persons for contempt 
or disorderly behavior in its. presence, to enforce obedience to its proc- 
ess, to protect its members against violence, or offers of bribes or 
corrupt solicitation, and with the concurrence of two-thirds of either 
house to expel a member, but not a second time for the same cause ; and 
shall liaA^e all the powers necessary for the legislature of a free State. 

Sec. 12. A member of either house expelled for corruption shall 
not thereafter be eligible to either house; and punishment for con- 
tempt or disorderly behavior shall not bar an indictment for the same 
offense. 

Sec. 13. Each house shall keep a journal of its proceedings, and 
cause the same to be published immediately after its adjournment, 
excepting such parts as in its judgment may require secrecy; and 
the yeas and nays of the members of either house on any question 
shall, at the desire of one-tenth of the members present, be entered 
on the journals. Any member of either house shall have liberty to 
dissent from or protest against any act or resolution which he may 
think injurious to the public or an individual, and have the reasons 
for his dissent entered on the journals. 

Sec. 14. Members of the General Assembly shall in all cases, except 
treason, felony, violation of their oath of office, and breach of the 
peace, be privileged from arrest during their attendance at the ses- 
sions of their respective houses, and in going to and returning from 
the same, and for any speech or debate in either house they shall not 
be questioned in any other place. 

Sec. 15. The doors of each house shall be open, except on such 
occasions as in the opinion of the house may require secrecy. 

Sec. 16. 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. 17. No senator or representative shall, during the term for 
which he shall have been elected, be appointed to any civil office of 
profit under this State, which shall have been created, or the emolu- 
ments of which shall have been increased during such term, except 
such office as may be filled by election by the people. 

Sec. 18. No person hereafter convicted of eml^ezzlement of public 
money, bribery, perjury, or other infamous crime, shall be eligible 
to the General Assembly, or capable of holding any office of trust 
or profit in this State. 



160 Alabama— 1876 

Sec. 10. No law shall he passed except by bill, and no bill shall be 
so altered or amended on its passage through either house as to 
change its original purpose. 

Sec. 20. No bill shall Ijecome a law until it shall have been referred 
to a committee of each house and returned therefrom. 

Sec. 21. Every bill shall be read on three different days in each 
house, and no bill shall become a law unless ou its final passage it be 
read at length and the vote be taken by yeas and nays, the names of 
the members voting for and against the same he entered on the 
journals, and a majority of each house l)e recorded thereon as voting 
in its favor, except as otherwise provided in this constitution. 

Sec. 22. No amendment to bills by one house shall be concurred in 
by the other except by a vote of a majority thereof, taken by yeas 
and nays, and the names of those voting tor and against recorded 
upon the journals; and reports of committees of conference shall in 
like manner Ix' adopted in each house. 

Sec. 28. No special or local law shall be enacted for the benefit of 
individuals or corporations in cases which are or can be provided 
for by a general law, or where the relief sought can be given by any 
court of this State. Nor shall the operation of any general law be 
suspended by the General Assembly for the benefit of any individual, 
corporation, or association. 

Sec. 24. No local or special law shall be passed on a subject which 
cannot be provided for by a general law, unless notice of the inten- 
tion to apply therefor shall have been published in the localitv where 
the matter or things to be affected may \)e situated, which notice shall 
be at least twenty days prior to the introduction into the General 
Assembly of such bill ; the evidence of such notice having Ijeen given 
shall be exhibited to the general assembly l^efore such act shall be 
passed: Provided, That the provisions of this constitution as to spe- 
cial or local laws shall not apply to public or educational institu- 
tions of or in this State, nor to industrial, mining, immigration, or 
manufacturing corporations or interests, or corporations for con- 
structing canals, or improving navigable rivers and harbors of this 
State. 

Sec. 25. The General Assembly shall pass general laws, under 
which local and private interests shall be provided for and protected. 

Sec. 26. The General Assembly shall have no power to authorize 
lotteries or gift-enterprises for any purpose, and it shall pass laws 
to prohibit the sale of lottery or gift -enterprise tickets, or tickets in 
any scheme in the nature of a lottery, in this State, and all acts or 
parts of acts heretofore passed by the General Assembly of this 
State, authorizing a lottery or lotteries, and all acts amendatory 
thereof or supplemental thereto, are hereby avoided. 

Sec. 27. The presiding officer of each house shall, in the presence 
of the house over which he presides, sign all bills and joint resolutions 
passed by the general assembly, after the titles have l)een publicly 
read immediately Ijefore signing, and the fact of signing shall be 
entered on the journal. 

Sec. 28. The general assembly shall prescribe by law the number, 
duties, and compensation of the officers and employes of each house, 
and no payment shall be made from the State treasury, or be in any 



Alabama— 1875 161 

"Way authorized, to any person, except to an acting officer or employe, 
elected or appointed in pursuance of law. 

Sec, 29. No bill shall be passed giving any extra compensation to 
any public officer, servant, or employe, agent or contractor, after the 
services shall have been rendered, or contract made; nor shall any 
officer of the State bind the State to the payment of any sum of money 
but by authority of law. 

Sec. 30. All stationery, printing, paper, and fuel used in the legis- 
lative and other departments of government shall be furnished, and 
the ])rinting, binding, and distribution of laws, journals, department 
reports, and all other printing and binding, and repairing and fur- 
nishing the halls and rooms used for the meetings of the general 
assembly and its committees, shall be performed under contract, to be 
given to the lowest responsible bidder below a maximum price, and 
under such regulations as shall be prescribed by law; no member or 
officer of any department of the government shall be in any way 
interested in such contracts, and all such contracts shall be subject to 
the approval of the Governor, State auditor, and State treasurer. 

Sec. 31. All bills for raising revenues shall originate in the house 
of representatives, but the senate may propose amendments as in 
other bills. 

Sec. 32. The general appropriation bill shall embrace nothing but 
appropriations for the ordinary expenses of the executive, legislative, 
and judicial departments of the State, interest on the public debt, 
and for the public. schools; all other appropriations shall be made by 
separate bills, each embracing but one subject. 

Sec. 33. No money shall be paid out of the treasury except upon 
appropriations made by law, and on warrant drawn by the proper 
officer in pursuance thereof, and a regular statement and account of 
receipts and expenditures of all public moneys shall be published 
annually in such manner as may be by law^ directed. 

Sec. 34. No appropriation shall be made to any charitable or edu- 
cational institution not under the absolute control of the State, other 
than normal schools established by law for the professional training 
of teachers for the public schools of the State, except by a vote of 
two-thirds of all the members elected to each house. 

Sec. 35. No act of the (xeneral Assembly shall authorize the invest- 
ment of any trust-funds by executors, administrators, guardians, and 
other trustees, in the bonds or stock of any private corporation ; and 
any such acts now existing are avoided, saving investments heretofore 
made. 

Sec. 3G. The power to change the venue in civil and criminal causes 
is vested in the courts, to be exercised in such manner as shall be pro- 
vided by law. 

Sec. 37. A\Tien the General Assembly shall be convened in special 
session, there shall be no legislation upon subjects other than those 
designated in the proclamation of the governor calling such session. 

Sec. 38. No State office shall be continued or created for the inspec- 
tion or measuring of any merchandise, manufacture, or commodity, 
but any county or municipality may appoint such officei*s when 
authorized by law. 



162 Alabama— 1876 

Sec. 39. No act of tlio ^Mieral asscinbly fhanpin^ the sent of gov- 
eniinont of the State shall In'oonie a law iintil the same shall have 
been submitted to the (lualified electors of the State at a general 
election, and approved by a majority of such electors voting upon the 
same, and such act shall sj^ecify the proposed new location. 

Sec. 40. A meml)er of the (leneral Assembly who shall corruptly 
solicit, demand, or receive, or consent to receive, directly or indirectly, 
for himself or for another, from any company, corporation, or per- 
son, any money, office, appointment, employment, reward, thing of 
value or enjoyment, or of personal advantage, or promise thereof, 
for his vote or official influence, or for withholding the same, or with 
an understanding, expressed or implied, that his vote or official action 
shall be in any way influenced thereby, or who shall solicit or demand 
any such money or other advantage, matter, or thing aforesaid, for 
another, as the consideration of his vote or official influence, or for 
withholding the same, or shall give or withhold his vote or influence 
in consideration of the payment or promise of such money, advantage, 
matter, or thing to another, shall be guilty of bribery within the 
meaning of this constitution, and shall incur the disabilities provided 
thereby for such offence, and such additional punishment as is or 
shall be provided by law. 

Sec. 41. Any person Avho shall, directly or indirectly, offer, give, or 
promise any money or thing of value, testimonial, privilege, or per- 
sonal advantage to any executive or judicial officer, or memlx>r of the 
General Assembly, to influence him in the performance of any of his 
public or official duties, shall be guilty of bribery, and be punished in 
such nuinner as shall be provided by law. 

Sec. 42. The offence of corrupt solicitation of members of the 
general assembly, or of public officers of this State, or of any munici- 
pal division thereof, and any occupation or practice of solicitation 
of such member or officers to influence their official action shall be 
defined by law, and shall be punished by fine and imprisonment. 

Sec, 43. A member of the general assembly who has a personal or 
private interest in any measure or bill, proposed or pending before 
the (Jeneral Assembly, shall disclose the fact to the house of which 
he is a member, and shall not vote thereon. 

Sec. 44. In all elections by the (leneral Assembly the members shall 
vote viva voce, and the votes shall be entered on the journals. 

Sec. 45. It shall be the duty of the (Jeneral Assembly to pass such 
laws as may be necessary and proper to decide differences by arbi- 
trators, to be appointed by the parties who may choose that mode of 
adjustment. 

Sec. 40. It shall be the duty of the General Assembh% at its first 
session after the ratification of this constitution, and within every 
subsequent jjeriod of ten years, to make provision by law for the 
revision, digesting, and promulgation of the public statutes of this 
State of a general nature, both civil and criminal. 

Sec. 47. The General Assembly shall pass such penal laws as they 
may deem expedient to suppress the evil practice oi duelling. 

Sec. 48. It shall be the duty of the General Assembly to regulate 
by law the cases in which deductions shall he made from the salaries 
of public officers for neglect of duty in their official capacities, and the 
amount of such deductions. 



Alabama— 187S 163 

Sec. 49, It shall be the duty of the (Jeneral Assembly to require the 
several counties of this State to make adequate provision for the 
maintenance of the poor. 

Sec. 50. The General Assembly shall not have power to authorize 
any municipal corporation to pass any laws inconsistent with the 
general laws of this State. 

Sec. 51. In the event of annexation of any foreign territory to this 
State, the (Jeneral Assembly shall enact laws extending to the inhabi- 
tants of the acquired territory all the rights and privileges which 
may be required b}'^ the terms of the acquisition, anything in this 
constitution to the contrary notwithstanding. 

Sec. 52. The General Assembly shall not tax the property, real and 
personal, of the State, counties, or other municipal corporations, or 
cemeteries; nor lots in incorporated cities or towns, or within one 
mile of any city or town, to the extent of one acre, nor lots one mile or 
more distant from such cities or towns, to the extent of five acres, Avith 
the buildings thereon, when the same are used exclusively for reli- 
gious worship, for schools, or for purposes purely charitable ; nor such 
property, real or personal, to an extent not exceeding twenty-five 
thousand dollars in value, as may be used exclusively for agricultural 
or horticultural associations of a public character. 

Sec. 53. The General Assembly shall by law prescribe such rules 
and regulations as may be necessary to ascertain the value of personal 
and real property exempted from sale imder legal process by this 
constitution, and to secure the same to the claimant thereof as selected. 

Sec. 54. The State shall not engage in w^orks of internal improve- 
ment, nor lend money or its credit in aid of such ; nor shall the State 
be interested in any private or corporate enterprise, or lend money or 
its credit to any individual, association, or corporation. 

Sec. 55. The General Assembly shall have no power to authorize 
any county, city, town, or other subdivision of this State to lend its 
credit, or to grant public money or thing of value in aid of, or to any 
individual, association, or corporation whatsoever, or to become a 
stockholder in any such corporation, association, or company, by 
issuing bonds or otherwise. 

Sec. 50). There can be no law of this State impairing the obligation 
of contracts by destroying or impairing the remedy for their enforce- 
ment ; and the General Assembly shall have no powder to revive any 
right or remedy which may have become barred by lapse of time or 
by any statute of this State. 

Article V 

executive department 

Section 1. The executive department shall consist of a Governor, 
Secretary of State, State Treasurer, State Auditor, Attorney-general, 
and Superintendent of Education, and a sheriff for each county. 

Sec. 2. 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. 3. The Governor, Secretary of State, State Treasurer, State 
Auditor, and Attorney-General shall be elected by the qualified 



164 Alnharrm—1876 

electors of this State, at the same time and places appointed for the 
election of members of the (leneral Assembly. 

Sec. 4. The returns of every election for Governor, Secretary of 
State, State Auditor, State Treasurer, and Attorney-(ieneral, shall 
be sealed up and transmitted by the returning-officers to the seat of 
government directed to the Speaker of the House of Representatives, 
who shall, during the first week of the session to which said returns 
shall be made, open and publish them in the presence of both houses 
of the general assembly in joint convention. The person having the 
highest number of votes for either of said offices shall be declared duly 
elected; but if two or more shall have an equal and the highest num- 
ber of votes for the same office, the General Assembly, by joint vote, 
without delay, shall choose one of said persons for said office. Con- 
tested elections for Crovernor, Secretary of State, State Auditor, State 
Treasurer, and Attorney-General shall be determined by both houses 
of the General Assembly in such manner as may be prescribed by 
law. 

Sec. 5. The Governor, Secretary of State, State Treasurer, State 
Auditor, and Attorney-General shall hold their respective offices for 
the term of two years from the time of their installation in office and 
until their successors shall be elected and qualified. 

Sec. 6. The Governor shall be at least 30 years of age when elected, 
and shall have been a citizen of the United States ten years, and a 
resident citizen of this State at least seven years next before the day 
of his election. 

Sec. 7. The Governor, Secretary of State, State Treasurer, State 
Auditor, and Attorney-General, shall reside at the seat of government 
of this State during the time the;^ continue in office, (except in case 
of epidemics;) and they shall receive compensation for their services, 
which shall be fixed by law, and which shall not be increased or 
diminished duriiTg the term for which they shall have been elected. 

Sec. 8. The Governor shall take care that the laws be faithfully 
executed. 

Sec. 9. The Governor may require information in writing, under 
oath, from the officers of the executive department on any subject 
relating to the duties of their respective offices; and he may at any 
time require information in writing, under oath, from all officers and 
managers of State institutions, upon any subject relating to the con- 
dition, management, and expenses of their respective offices and insti- 
tutions; and any such officer or manager who makes a false report 
shall be guilty of perjury, and punished accordingly. 

Sec. 10. The Governor 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 infectious or contagious 
diseases; and he shall state specifically in such proclamation each 
matter concerning which the action of that body is deemed necessary. 

Sec. 11. The Governor shall, from time to time, give to the Gen- 
eral Assembly information of the state of the government, and recom- 
mend to their consideration such measures as he may deem expedient, 
and at the commencement of each session of the General Assembly, 
and at the close of his term of office, give information by written 



Alabama— 1876 ' . . 165 

message of the condition of the State, and he shall account to the 
General Assembly, as may be prescribed by law, for all moneys 
received and paid out by him from any funds subject to his order, 
with the vouchers therefor, and he shall at the commencement of 
each regular session present to the General Assembly estimates of 
the amount of money required to be raised by taxation for all 
purposes. 

Sec. 12. The Governor shall have i)Ower to remit fines and for- 
feitures, under such rules and regulations as may be prescribed by 
law, and after conviction to grant reprieves, commutation of sen- 
tence, and pardons, (except in cases of treason and impeachment;) 
but pardons in cases of murder, arson, burglary, rape, assault with 
intent to commit rape, perjury, forgery, bribery, and larceny shall 
not relieve from civil and political disability unless specifically ex- 
pressed in the pardon. Upon conviction of treason, the governor 
may suspend the execution of the sentence, and report the same to 
the General Assembly at the next regular session, when the General 
Assembly shall either pardon, commute the sentence, direct its exe- 
cution, or grant further reprieve. He shall communicate to the 
general assembly at every regular session each case of reprieve, com- 
mutation, or pardon granted, with his reasons therefor; stating the 
name and crime of the convict, the sentence, its date, and the date of 
the reprieve, commutation, or pardon. 

Sec. 13. 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 
that house in which it shall have originated, who shall enter the 
objections at large upon the journals, and the house to which such bill 
shall be returned shall proceed to reconsider it; if, after such recon- 
sideration, a majority of the whole number elected to that house shall 
vote for the passage of such bill, it shall be sent, w^ith the objections, 
to the other house, by which it shall likewise be reconsidered; if 
approved by a majority of the W'hole number elected to that house, 
it shall become a law ; but in such cases, the vote of both houses shall 
be determined by yeas and nays, and the names of the members vot- 
ing for or against the bill shall be entered upon 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 pre- 
sented 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. And every order, 
vote, or resolution, to which the concurrence of both houses may be 
necessary (except questions of adjournment, and of bringing on elec- 
tions by the tw^o houses, and of amending this constitution) shall be 
presented to the governor, and before the same 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. 14. The Governor shall have power to disapprove of any item 
or items of any bill making appropriations of money, embracing dis- 
tinct items, and the part or parts of the bill approved shall be the 
law, and the item or items of appropriations disapproved shall be 



166 . Alabama— IS?.') 

void, unless repassed according to the rules and limitations prescribed 
for the passage of other bills over the executive veto, and he shall, in 
writing, state specifically the item or items he disapproves. 

Sec. 15. In case of the impeachment of the governor, his removal 
from office, death, refusal to qualify, resignation, absence from the 
State, or other disability, the President of the Senate shall exercise 
all the power and authority apjjertaining to the office of governor, 
until the time appointed for the election of governor shall arrive, or 
until the governor who is absent or impeached, shall return or be 
acquitted, or other disability' be removed, and if during such vacancy 
in the office of governor, the President of the Senate shall be im- 
peached, removed from office, refuse to qualifv, die, resign, be absent 
from the State, or be under any other disability, the speaker of the 
house of representatives shall in like manner administer the gov- 
ernment. If the Governor shall be absent from the Sfate over 
twenty davs, the secretaiy of state shall notify the President of the 
Senate, who shall enter upon the duties of Governor, and if the 
Governor and President of the Senate shall both be absent from the 
State over twenty days, the Secretary of State shall notify the 
Speaker of the House of Representatives, and in such case he shall 
enter upon and discharge the duties of Governor, until the return 
of the Governor or President of the Senate. 

Sec. 16. The President of the Senate and 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: Proridcih That if the General Assembly shall be in session 
during such absence, they, or either of them, shall receive no com- 
pensation as membei-s of the General Assembly while acting as 
Governor. 

Sec. 17. No person shall, at one and the same time, hold the office 
of Governor of this State and any other office, civil or military, either 
under this State, the United States, or any other State or Govern- 
ment, except as otherwise provided in this Constitution. 

Sec. 18. The governor shall be Commander-in-Chief of the militia 
and volunteer forces of the State, except when they shall be called 
into the service of the United States, and he may call out the same 
to execute the laws, suppress insurrection, and repel invasion ; but 
he need not command in person, unless directed to do so by a resolu- 
tion of the (xeneral Assembly, and when acting in the service of the 
United States he shall appoint his staff and the General Assembly 
shall fix his rank. 

Sec. 19. No person shall be eligible to the office of Secretary of 
State, State Treasurer, State Auditor, or Attorney-General, unless 
he shall have been a citizen of the United States at least seven years, 
and shall have resided in this State at least five years next preceding 
his election, and shall be at least twenty-five years old when elected. 

Sec. 20. There shall be a great seal of the State, which shall Ije 
used officially by the Governor: and the seal now in use shall continue 
to be used until another shall have been adopted by the General 
Assembly. The said seal shall be called the " Great seal of the State 
of Alabama." 



Alabama— 1875 167 

Sec. 21. The Secretary of State shall be custodian of the seal of 
the State, and shall authenticate therewith all official acts of the (lov- 
ernor, his approval of laws and resolutions excepted. lie shall keep 
a register of the official acts of the Governor, and when necessary 
shall attest them, and la}'^ copies of same, together with copies of all 
papers relative thereto, before either house of the General Assembly, 
whenever required to do so, and shall perform such other duties as 
may be prescribed by law. 

Sec. 22. All grants and commissions shall be issued in the name 
and by the authority of the State of Alabama, sealed with the great 
seal, signed by the Governor and countersigned by the Secretary of 
State. 

Sec. 23. Should the office of Secretary of State, State Treasurer, 
State Auditor, Attorney-General, or Superintendent of Education 
become vacant, for any of the causes specified in section fifteen of this 
article, the governor shall fill the vacancy until the disability is 
removed or a successor elected and qualified. 

Sec. 24. The State Treasurer, State Auditor, and Attorney-General 
shall perform such duties as may be prescribed by law. The State 
Treasurer and State Auditor shall every year, at a time the General 
Assembly may fix, make a full and complete report to the Governor, 
showing all receipts and disbursements of revenue, of every character,, 
all claims audited and paid by the State, by items, and all taxes and 
revenue collected and paid into the treasury, and from what sources, 
and they shall make reports oftener on any matter pertaining to their 
office, if required by the Governor, or the General Assembly. 
■ Sec. 25. The State Auditor, State Treasurer, and Secretary of 
State shall not, after the expiration of the terms of those now in office, 
receive to their use any fees, costs, perquisites of office, or compensa- 
tion other than their salaries as prescribed by law ; and all fees that 
may be payable by law, for any service performed by either of such 
officers, shall be paid in advance into the State treasury. 

Sec. 26. A Sheriff shall be elected in each county by the qualified 
electors thereof, who shall hold his office for the term of four years, 
unless sooner removed, and shall be ineligible to such office as his own 
successor: Provided, That sheriffs elected on the first Monday in 
August, 1877, or at such other time as may be prescribed by law for 
the election in that year, shall hold their offices for the term of three 
years, and until their successors shall be elected and qualified. In 
the year 1880, at the general election for members to the General 
Assembly, sheriffs shall be elected for four years as herein provided. 
Vacancies in the office of Sheriff shall be filled by the Governor, as in 
other cases, and the person appointed shall continue in office until the 
next general election in the county for sheriff, as provided by law. 

Article VI 
judicial department 

Section 1. The judicial power of the State shall be vested in the 
Senate, sitting as a court of impeachment, a supreme court, circuit 
courts, chancery courts, courts of probate, such inferior courts of law 



168 Alabama— 1875 

and equity, to consist of not more than five members, as the General 
Assembly may from time to time establish, and such persons ai^jnay 
be by hnv invested witli powers of a judicial nature. 

Sec. 2. Except in cases otherwise directed in the constitution, the 
Supreme Court shall have ai)pellate 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 Ix' pre- 
scribed l)y law: I'rorided, That said court shall have power to issue 
writs of injunction, habeas rorpiis, quo watranto, 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 any cause, it may 
adjourn to a different place. 

Sec. 4. The State shall be divided by the General Assembly into 
convenient circuits, not to exceed eight in number, unless increased 
by a vote of two-thirds of the members of each house of the (xeneral 
Assembly, and no circuit shall contain less than three nor more than 
twelve counties, and for each circuit there shall be chosen a judge, 
who shall for one year next preceding his election tmd during his 
continuance in office reside in the circuit for which he is elected. 

Sec. f). The Circuit Court shall have original jurisdiction in all 
matters, civil and criminal, within the State, not otherwise in this 
Constitution ; but in civil cases only when the matter or sum in con- 
troversy exc*eeds fifty dollars. 

Sec. 0. 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 court for each other when they deem it expedient, and shall do 
so when directed by law : Proinded^ That the judges of the several 
circuit courts shall have power to issue w^its of injunction returnable 
into courts of chancery. 

Sec. 7. The General Assembly shall have power to establish a court 
or courts of chancery, with original and appellate jurisdiction. The 
State shall be divided by the General Assembly into convenient chan- 
cery divisions, not exceeding three in number, unless an increase shall 
be made by a vote of two-thirds of each house of the General 
Assembly, taken by yeas and nays and entered upon the journals; 
and the division shall be divided into districts, and for each division 
there shall be a chancellor, who shall, at the time of his election or 
appointment, and during his continuance in office, reside in the 
division for which he shall have been elected or appointed. 

Sec. 8. A Chancery Court shall be held in each district, at a place 
to be fixed by law. at least once in each year; and the chancellors 
may hold courts for each other when they deem it necessary. 

Sec. 5). The General Assembly shall have power to establish in 
each county within the State a court of probate, with gei\eral juris- 
diction for the granting of letters testamentary and of administra- 
tion, and for orphans' business. 

Sec. 10. The judges of the Supreme Court, Circuit Courts, and 
Chancellors shall, at stated times, receive for their services a com- 
pensation, which shall not he diminished during their official terms, 
but they shall receive no fees Or perquisites, nor hold any office 



Alabama— 1875 169 

(except judicial offices) of profit or trust under this State, or the 
United States, or any other power, during the term for which they 
have been elected. 

Sec. 11. The Supreme Court shall consist of one chief justice and 
such number of associate justices as may be prescribed by law. 

Sec. 12. The chief-justice and associate justices of the Supreme 
Court, judges of the Circuit Courts, Probate Courts, and Chancellors 
shall be elected by the qualified electors of the State, circuits, coun- 
ties, and chancery divisions for which such courts may be established, 
at such time as may be prescribed by law. 

Sec. 13. The judges of such inferior courts of law and equity as 
may be by law established, shall be elected or appointed, in such mode 
as the general assembly may prescribe. 

Sec, 14. The judges of the Supreme Court, Circuit Courts, and 
Chancellors, and the judges of city courts, shall have been citizens of 
the United States and of this State for five years next preceding their 
election or appointment, and shall be not less than twenty-five years 
of age, and learned in the law. 

Sec. 15. The chief-justice and associate justices of the Supreme 
Court, Circuit Judges, Chancellors, and probate judges shall hold 
office for the term of six years, and until their successors are elected 
or appointed and qualified ; and the right of such judges and chan- 
cellors to hold their offices for the full term, hereby prescribed, shall 
not be affected by any change hereafter made by law in any circuit, 
division, or county in the mode or time of election. 

Sec. 16. The judges of the Supreme Court shall, by virtue of their 
offices, be conservators of the peace throughout the State; the judges 
of the Circuit Courts, within their respective circuits, and the judges 
of the inferior courts, within their respective jurisdictions, shall, in 
like manner, be conservators of the peace. 

Sec. 17. Vacancies in the office of any of the judges or chancellors 
of this State shall be filled by appointment by the Governor, and such 
appointee shall hold his office for the unexpired term, and until his 
successor is elected or appointed and qualified. 

Sec. 18. If in any case, civil or criminal, pending in any circuit, 
chancery, or city court in this State, the presiding judge or chancellor 
shall, for any legal cause, be incompetent to try, hear, or render judg- 
ment in such cause, the parties or their attorneys of record, if it be a 
civil case, or the solicitor or other prosecuting officer, and the defend- 
ant or defendants, if it be a criminal case, may agree upon some dis- 
interested person practicing in the court, and learned in the law, to 
act as special judge or chancellor, to sit as a court, and to hear, decide, 
and render judgment in the same manner and to the same effect as a 
judge of the circuit or city court or chancellor sitting as a court might 
do in such case. If the case be a civil one, and the parties or their 
attorneys of record do not agree, or if the cas^l)e a criminal one and 
the prosecuting officer and the defendant or defendants do not agree 
upon a special judge or chancellor, or if either party in a civil cause 
is not represented in court, the clerk of the circuit or city court, or 
register in chancery, of the court in which said catise is pending, shall 
appoint the special judge or chancellor, who shall preside, try, and 
render judgments as in this section provided. 



170 Alabama— 1875 

Sec. 10. The General Assembly shall have power to provide for the 
holding of circuit and chancery courts in this State, when the judges 
or chancellors thereof fail to attend regular terms. 

Sec. 20. No judge of any court of record, in this State, shall prac- 
tice law in any of the courts of this State or of the United States. 

Sec. 21. Registers in chancery shall he appointed by the chancellors 
of the divisions, and shall hold office during the term of the chancellor 
making such appointment; and such registers shall receive as com- 
j)ensation for their services only such fees and commissions as may be 
specifically prescribed by law. 

Sec. 22. A clerk of the Supreme Court shall be appointed by the 
judges thereof, and shall hold office during the term of the judges 
making the appointment, and clerks of such inferior courts as may be 
established by law shall be appointed by the judges thereof, and shall 
hold office during the term of the judge nuiking such appointment. 

Sec. 23. Clerks of the Circuit Court shall be elected by the (juali- 
fied electors in each county, for the term of six years. Vacancies in 
such office shall be filled by the governor for the unexpired term. 

Sec. 24. The clerk of tHe Supreme Court and registers in chancery 
may be removed from office by the judges of the supreme court and 
chancellors respectively, for cause, to be entered at length upon the 
records of the court. 

Sec. 25. A solicitor for each judicial circuit shall be elected by joint 
ballot of the general assembly, who shall be learned in the law, and 
who shall, at the time of his election, and during his continuance in 
office, reside in the circuit for which he is chosen, and whose term of 
office shall be for six years: Prodded^ That the general assembly, at 
its first session thereof after the ratification of this constitution, shall, 
i\v joint ballot, elect a solicitor for each judicial circuit of the State, 
whose term of office shall begin on Tuesday after the first Monday in 
November, 187(), and continue for four years: And prorided^ That 
the general assembly may, when necessary, provide for the election 
or appointment of county solicitors. 

Sec. 26. There shall be elected by the qualified electors of each 
precinct of the counties not exceeding two justices of the peace and 
ope constable. Such justices shall have jurisdiction in all civil cases 
wherein the amount in controversy does not exceed $100, except in 
cases of libel, slander, assault and battery, and ejectment. In all 
cases tried before such justices, the right of appeal, w ithout prepay- 
ment of costs, shall be fiecured bv law: Pj'ovided^ That the governor 
may appoint one notary public for each election-precinct in counties, 
and one for each ward in cities of over 5,000 inhabitants, who, in 
addition to the powers of notary, shall have and exercise the same 
jurisdiction as justices of the peace within the precincts and wards 
for which they are respectively appointed: Provided^ That notaries 
public without such jurisdiction may l>e appointed. The term of 
office of such justice and notaries public shall be prescribed by law. 

Sec. 27. An Attorney-General shall lie elected by the qualified 
electors of the State at the same time and places of election of mem- 
l)ers of the general assembly, and whose term of office shall be for two 
years, and until his successor is elected and qualified. After his 
election he shall reside at the seat of government and shall be the 



Alabama— 1875 171 

law-officer of the State, and shall perform such duties as may be 
required of him by law. 

Sec. 28. The style of all processes shall be " The State of Alabama," 
and all prosecutions shall be carried on in the name and by the 
authority of the same, and shall conclude, "Against the peace and dig- 
nity of the State." 

Article VII 

IMPEACHMENT 

Section 1. The Governor, Secretary of State, Auditor, Treasurer, 
Attorney-General, Superintendent of Education, and judges of the 
Supreme Court may be removed from office for wilful neglect of 
duty, corruption in office, habitual drunkenness, incompetency, or any 
offence involving moral turpitude while in office, or committed under 
color thereof, or connected therewith, by the Senate, sitting as a court 
for that purpose, under oath or affirmation, on articles or charges pre- 
ferred by the house of representatives. 

Sec. 2. The chancellors, judges of the circuit courts, judges of the 
probate courts, solicitors of the circuits and judges of inferior courts 
from which an appeal may be taken directly to the Supreme Court, 
may be removed from office for 'Any of the causes specified in the pre- 
ceding section, by the supreme court, under such regulations as may 
be prescribed by law. 

Sec. 3. The sheriffs, clerks of the circuit, city, or criminal courts, 
tax-collectors, tax-assessors, county treasurers, coroners, justices of 
the peace, notaries public, constables, and all other county officers, 
mayors and intendents of incorporated cities and tow^ns in this State, 
may be removed from office for any of the causes specified in section 
one of tiiis article, by the circuit, city, or criminal court of the county 
in which such officers hold their office, under such regulations as may 
be prescribed by law: Provided, That the right of trial by jury and 
appeal in such cases be secured. 

Sec. 4. The penalties in cases arising under the three preceding sec- 
tions shall not extend beyond removal from office and disqualification 
from holding office under the authority of this State, for the term for 
which he was elected or appointed ; but the accused shall be liable to 
indictment, trial, and punishment as prescribed by law. 

Article VIII 

SUFFRAGE AND ELECTIONS 

Section 1. Every male citizen of the United States, and every 
male person of foreign birth who may have legally declared his inten- 
tion to become a citizen of the United States before he offers to vote, 
who is 21 years old or upwards, possessing the following qualifica- 
tions, shall be an elector, and shall be entitled to vote at any election 
by the people, except as hereinafter provided : 

1st. He shall have resided in the State at least one year innne- 
diately preceding the election at which he offers to vote. 



172 Alabama— 1875 

2d. He shall have resided in the county for three months, and in 
the precinct, district, or ward for thirty days immediately preceding 
the election at which he otfers to vote: Provided, That the General 
Assembly may prescribe a longer or shorter residence in any pre- 
cinct in any county, or in any ward in any incorporated city or town 
having a population of more than 5,000 inhabitants, but in no case 
to exceed three months: And provided, That no soldier, sailor, or 
marine in the military or naval service of the United States shall 
acquire a residence by being stationed in this State. 

Sec. 2. All elections by the people shall be by ballot, and all elec- 
tions by persons in a representative capacity shall be viva voce. 

Sec. 3. The following classes shall not be permitted to register, 
vote, or hold office : 

1st. Those who shall have been convicted of treason, embezzlement 
of public funds, malfeasance in office, larceny, bribery, or other crime 
punishable by imprisonment in the penitentiary. 

2d. Tho^-o who are idiots or insane. 

Sec. 4. Electors shall in all cases except treason, felony, or breach 
of the peace, be privileged from arrest during their attendance at 
elections, or while going to or returning therefrom. 

Sec. 5. The General Assembly shall pass laws, not inconsistent 
with this constitution, to regulate and govern elections in this State; 
and all such laws shall be uniform throughout the State. The Gen- 
eral Assembly may, when necessary, provide by law for the regis- 
tration of electors throughout the State, or in any incorporated city 
or town thereof; and when it is so provided, no person shall vote at 
any election unless he shall have registered as required by law. 

Sec. 6. It shall be the duty of the General Assembly to pass ade- 
quate laws giving protection against the evils arising from the use 
of intoxicating liquors at all elections. 

Sec. 7. Returns of elections for all civil officers who are to be com- 
missioned by the Governor, except Secretary of State, State Auditor, 
State Treasurer, and Attorney-General, and for members of the Gen- 
eral Assembly, shall be made to the Secretary of State. 

Article IX 

REPRESENTATION 

Section 1. The whole number of Senators shall be not less than 
one-fourth or more than one-third of the whole number of represent- 
atives. 

Sec. 2. The House of Representatives shall consist of not more 
than one hundred membei*s, who shall be apportioned by the Gen- 
eral Assembly among the several counties of the State according to 
the number of inhabitants in them, respectively, as ascertained by 
the decennial census of the United States for the year 1880; which 
apportionment, when made, shall not ho subject to alteration until 
the first session of the general assembly after the next decennial 
census of the United States shall have been taken. 

Sec. 3. It shall he the duty of the general assembly, at its first ses- 
sion after the taking of the decennial census of the United States in 
1880, and after each subsequent decennial census, to fix by law the num- 
ber of representatives, and apportion them among the several counties 



Alabama— 1875 173 

of the State : Provided, That each county shall be entitled to at least 
one representative. 

Sec. 4. It shall be the duty of the general assembly, at its first ses- 
sion after the taking of the decennial census of the United States in 
1880, and after each subsequent decennial census, to fix by law the num- 
ber of senators, and to divide the State into as many senatorial dis- 
tricts as there are senators, which districts shall be as nearly equal to 
each other in the number of inhabitants as may be, and each shall be 
entitled to one senator and no more; and which districts, when 
formed, shall not be changed until the next apportioning session of 
the general assembly after the next decennial census of the United 
States shall have been taken. No county shall be divided between two 
districts, and no district shall be made of two or more counties not 
contiguous to each other. 

Sec. 5. Should the decennial census of the United States from any 
cause not be taken, or if when taken the same as to this State is not 
full or satisfactory, the general assembly shall have power, at its first 
session after the time shall have elapsed for the taking of said census, 
to provide for an enumeration of all the inhabitants of this State, and 
once in each ten years thereafter, upon which it shall be the duty of 
the general assembly to make the apportionment of representatives 
and senators as provided for in this article. 

Sec. 6. Until the general assembly shall make an apportionment of 
representatives among the several counties, after the first decennial cen- 
sus of the United States as herein provided, the counties of Autauga, 
Baldwin, Bibb, Blount, Calhoun, Chilton, Cherokee, Choctaw, 
Clarke, Clay, Cleburne, Coifee, Colbert, Conecuh, Coosa, Covington, 
Crenshaw, Dale, De Kalb, Elmore, Etowah, Escambia, Fayette, 
Franklin, Geneva, Henry, Lauderdale, Marion, Morgan, Monroe, 
Marshall, Randolph, Sanford, Shelby, Saint Clair, Walker, Washing- 
ton, and Winston shall each have one representative ; the counties of 
Barbour, Bullock, Butler, Chambers, Greene, Hale, Jackson, Jeffer- 
son, Limestone, Lawrence, Lowndes, Lee, Macon, Marengo, Perry, 
Pickens, Pike, Eussell, Sumter, Talladega, Tallapoosa, Tuscaloosa, 
and Wilcox shall have each two representatives ; the county of Madi- 
son shall have three representatives; the counties of Dallas and 
Montgomery shall have each four representatives, and the county of 
Mobile shall have five representatives. 

Sec. 7. Until the general assembly shall divide the State into sena- 
torial districts as herein provided, the senatorial districts shall be as 
follows : 

First district, Lauderdale and Limestone; second district, Colbert 
and Lawrence ; third district, Morgan, Winston, and Blount ; fourth 
district, Madison; fifth district, Marshall, Jackson, and De Kalb; 
sixth district, Cherokee, Etowah, and Saint Clair; seventh district, 
Calhoun and Cleburne; eighth district, Talladega and Clay; ninth 
district, Randolph and Chambers; tenth district, Macon and Talla- 
poosa; eleventh district, Bibb and Tuscaloosa; twelfth district, 
Franklin, Marion, Fayette, and Sanford ; thirteenth district. Walker, 
Jefferson, and Shelby; fourteenth district, Greene and Pickens; fif- 
teenth district, Coosa, Elmore, and Chilton; sixteenth district, 
Lowndes and Autauga; seventeenth district, Butler and Conecuh; 
■eighteenth district, Perry ; nineteenth district, Choctaw, Clarke, and 
Washington; twentieth district, Marengo; twenty-first district, 

7251— VOL 1—07 14 



174 Alabama— 1875 

Momw, Escambia, and Baldwin; twenty-second district, Wilcox; 
twenty-third district, Henry, Cotfee, Dale, and Geneva; twenty- 
fourth district, Barbour; twenty-fifth district. Pike, Crenshaw, and 
Covington; twenty-sixth district, Bullock; twenty-seventh district, 
Lee; twenty-eighth district, Montgomery; twenty-ninth district, 
Russell; thirtieth district, Dallas; thirty-first district, Sumter; 
thirty-second district, Hale; thirty-third district, Mobile. 

^Vkticle X 

TAXATION 

Section 1. All taxes levied on property in this State shall be 
assessed in exact proportion to the value of such property: Promded, 
however^ The (Jeneral Assembly may levy a poll-tax, not to exceed 
one dollar and fifty cents on each poll, which shall Ix' applied exclu- 
sively in aid of the public-school fund in the county so paying the 
same. 

Sec. 2. No power to levy taxes shall be delegated to individuals 
or private corporations. 

Sec". 3. After the ratification of this constitution no new debt shall 
be created against or incurred by this State or its authority, except to 
repel invasion or suppress insurrection, and then only by a concur- 
rence of two-thirds of the members of each house of the General 
Assembly, and the vote shall be taken by yeas and nays and entered 
on the journals; and any act creating or incurring any new debt 
against this State, except as herein provided for, shall be absolutely 
void: Proinded^ The Governor may be authorized to negotiate tem- 
porary loans, never to exceed $100,000, to meet deficiencies in the 
treasury, and until the same is paid no new loan shall be negotiated : 
Provided further^ That this section shall not be so construed as to 
prevent the issuance of bonds in adjustment of existing State 
mdebtedness. 

Sec. 4. The general assembly shall not have the power to levy, in 
any one year, a greater rate of taxation than three-fourths of one per 
centum on the value of the taxable property within this State. 

Sec. T). No county in this State shall he, authorized to levy a larger 
rate of taxation, in any one year, on the value of the taxable prop- 
erty therein, than one-half of one per centum : Provided, That to pay 
debts existing at the ratification of this constitution an additional 
rate of one-fourth of one per cent, may be levied and collected, 
Avhich shall be exclusively appropriated to the payment of such 
debts, or the interest thereon: Provided further, That to pay any 
debt or liability now existing against any county, incurred for the 
erection of the necessary public buildings, or other ordinary county 
purposes, or that may hereafter be created for the erection of neces- 
sary public buildings or bridges, any county may levy and collect 
sucn special taxes as may have been, or may hereafter be, authorized 
by law ; which taxes so levied and collected shall be applied exclu- 
sively to the purposes for which the same shall have been le%4ed and 
collected. 

Sec. 6. The property of private corporations, associations, and 
individuals of this State shall forever be taxed at the same rate: 
Provided, This section shall not apply to institutions or enterprises 
devoted exclusively to religious, educational, or charitable purposes. 



Alabama— 1875 175 

Sec. 7. No city, town, or other municipal corporation other than 
provided for in this article, shall levy or collect a larger rate of tax- 
ation, in any one year on the property thereof, than one-half of one 
per centum of the value of such property, as assessed for State taxa- 
tion during the preceding year: Provided, That for the payment of 
debts existing at the time of the ratification of this constitution, and 
the interest thereon, an additional rate of one per centum may be col- 
lected, to be applied exclusively to such indebtedness : 

And provided, This section shall not apply to the city of Mobile, 
which city may, until the 1st day of January, 1879, levy a tax not to 
exceed the rate of one per centum, and from and after that time a tax 
not to exceed the rate of three-fourths of one per centum to pay the 
expenses of the city government, and may also, until the 1st day of 
January, 1879, levy a tax not to exceed the rate of one per centum, 
and from and after that time a tax not to exceed three-fourths of one 
per centum to pay the existing indebtedness of said city and the 
interest thereon. 

Sec. 8. At the first session of the General Assembly after the rati- 
fication of this constitution, the salaries of the following officers shall 
be reduced at least twenty-five per centum, viz : Governor, Secretary 
of State, State Auditor, State Treasurer, Attorney-General, Super- 
intendent of Education, Judges of the Supreme and Circuit Courts, 
and Chancellors; and after said reduction the General Assembly 
shall not have the power to increase the same, except by a vote of a 
majority of all the members elected to each house, taken by yeas and 
nays and entered on the journals: Provided, This section shall not 
apply to any of said officers now in office. 

Sec. 9. The General Assembly shall not have the power to require 
the counties or other municipal corporations to pay any charges 
which are now payable out of the State treasury. 

Article XI 

MILITIA 

Section 1. All able-bodied male inhabitants of this State, between 
the ages of eighteen and forty-five years, who are citizens of the 
United States, or have declared their intention to become such citi- 
zens, shall be liable to military duty in the militia of the State. 

Sec. 2. The General Assembly in providing for the organization, 
equipment, and discipline of the militia, shall conform as nearly as 
practicable to the regulations for the government of the armies of the 
United States. 

Sec. 3. Each company and regiment shall elect its own company 
and regimental officers ; but if any company or regiment shall neglect 
to elect such officers w ithin the time prescribed by law, they may be 
appointed by the governor. 

Sec. 4. Volunteer organizations of infantry, cavalry, and artillery 
may be formed in such manner and under such restrictions and with 
such privileges as may be provided by law. 

Sec. 5. The militia and volunteer forces shall in all cases, except 
treason, felony, and breach of the peace, be privileged from arrest 
during their attendance at muster, parades, and elections, and in 
going to and returning from the same. 



176 Alabama— 1875 

Sec. 6. The Governor shall, except as otherwise provided herein, be 
commander-in-chief of the militia and volunteer lorces of the State, 
except when in the service of the United States, and shall, with the 
advice and consent of the senate, appoint all general officers, whose 
term of office shall l)e for four years. The governor, the generals, 
and regimental and battalion commanders shall appoint their own 
staffs, as may be provided by law. 

Sec. 7. The (Jeneral Assembly shall provide for the safe-keeping 
of the arms, ammunition, and accoutrements, military records, ban- 
ners, and relics of the State. 

Sec. 8. The officers and men of the militia and volunteer forces 
shall not be entitled to or receive any pay, rations, or emoluments 
when not in active service. 

Article XII 

EDUCATION 

Section 1. The General Assembly shall establish, organize, and 
maintain a system of public schools throughout the State, for the 
equal benefit of the children thereof between the a^es of seven and 
twenty-one years ; but separate schools shall be provided for the chil- 
dren of citizens of African descent. 

Sec. 2. The jirincipal of all funds arising from the sale or other 
disposition of lands or other property which has been or may here- 
after be granted or entrusted to this State, or given by the United 
States for educational purposes, shall be preserved inviolate and 
undiminished ; and the income arising therefrom shall l)e faithfully 
applied to the specific objects of the original grants or appropriations. 

Sec. 3. All lands or other property given by individuals or appro- 
priated by the State for educational purposes, and all estates of 
deceased persons who die without leaving a will or heir, shall be 
faithfully applied to the maintenance of the public schools. 

Sec. 4. The General Assemblv shall also provide for the levying 
and collection of an annual poll-tax, not to exceed one dollar and 
fifty cents on each poll, which shall be applied to the support of the 
public schools in the counties in which it is levied and collected. 

Sec, 5. The income arising from the sixteenth-section trust-fund, 
the surplus-revenue fund, until it is called for by the United States 
Government, and the funds enumerated in sections three and four of 
this article, with such other monevs, to be not less than one hundred 
thousand dollars per annum, as the General Assembly shall provide 
by taxation or otherwise, shall be applied to the support and mainte- 
nance of the public schools, and it shall be the duty of the General 
Assemblv to increase, from time to time, the public-school fund, as 
the condition of the treasury and the resources of the State will 
admit. 

Sec. 6. Not more than four per cent, of all moneys raised, or which 
may hereafter be appropriated for the support of public schools, shall 
be used or expended otherwise than for the payment of teachers em- 
ployed in such schools: Provided^ That the General Assembly may, 
by a vote of two-thirds of each house, suspend the operation of this 
section. 

Sec. 7. The supervision of the public schools shall be vested in a 
Superintendent or Education, whose powers, duties, term of office, and 



Alabama— 187S 177 

compensation shall be fixed by law. The Superintendent of Educa- 
tion shall be elected by the qualified voters of the State, in such man- 
ner and at such time as shall be provided by law. 

Sec. 8. No money raised for the support of the public schools of 
the State shall be appropriated to or used for the support of any 
sectarian or denominational school. 

Sec. 9. The State University and the Agricultural and Mechanical 
College shall each be under the management and control of a Board 
of Trustees. The Board for the University shall consist of two mem- 
bers from the congressional district in which the University is lo- 
cated, and one from each of the other congressional districts in the 
State. The Board for the Agricultural and Mechanical College shall 
consist of two members from the congressional district in which the 
college is located, and one from each of the other congressional dis- 
tricts in the State. Said trustees shall be appointed by the Gov- 
ernor, by and with the advice and consent of the Senate, and shall 
hold office for a term of six years, and until their successors shall be 
appointed and qualified. After the first appointment each board 
shall be divided into three classes, as nearly equal as may be. The 
seats of the first class shall be vacated at the expiration of two years, 
and those of the second class in four years, and those of the third 
class at the end of six years from the date of appointment, so that 
one-third may be chosen biennially. No trustee shall receive any pay 
or emolument other than his actual expenses incurred in the discharge 
of his duties as such. The Governor shall be ex officio President, 
and the Superintendent of Education ex officio a member of each of 
said boards of trustees. 

Sec. 10. The General Assembly shall have no power to change the 
location of the State University or the Agricultural and Mechanical 
College as now established by law, except upon a vote of two-thirds 
of the members of the General Assembly, taken by yeas and nays, and 
entered upon the journals. 

Sec. 11. The provisions of this article, and of any act of the Gen- 
eral Assembly, passed in pursuance thereof, to establish, organize, 
and maintain a system of public schools throughout the State, shall 
apply to Mobile County only so far as to authorize and require the 
authorities designated by law to draw the portion of the funds to 
which said county will be entitled for school purposes, and to make 
reports to the Superintendent of Education as majy^ be prescribed by 
law^ And all special incomes and powers of taxation as now author- 
ized by law^ for the benefit of public schools in said county, shall 
remain undisturbed until otherwise provided by the General As- 
sembly : Provided, That separate schools for each race shall always 
be maintained by said school authorities. 

Article XIII 

CORPORATIONS PRIVATE CORPORATIONS 

Section 1. Corporations may be formed under general laws, but 
shall not be created by special act, except for municipal, manufactur- 
ing, mining, immigration, industrial, and educational purposes, or 
for constructing canals, or improving navigable rivers and harbors 
of this State, and in cases where, in the judgment of the general 



178 Alabama— 1875 

jissonibl}', the objects of the rorponition cannot l)c Attained under 
general hiws. All general laws and special a(;ts passed pui-suant to 
this section may 1m' altere<l, aniende<l. or rej)ealed. 

Skc. 2. All existing charters, or grants of special or exclusiv^e 
privileges, under which a h<>ii<i-fi<Ie organization shall not have taken 
place and business been commenced in g<M>d faith, at the time of the 
ratification of this constitution, shall thereafter have no validity. 

Sec. 8. The (ieneral Assembly shall not remit the forfeiture of the 
charter of any corporation now existing, or alter or amend the same, 
or pass any general or special law for the benefit of such corporation, 
other than in execution of a trust created by law or by contract, ex- 
cept upon the condition that such corporation shall thereafter hold 
its charter subject to the provisions of this constitution. 

Sec. 4. No foreign corporation shall do any business in this State 
without having at least one known place of business, and an author- 
ized agent or agents therein ; and such corporation nuiy l>e sued, in 
any county where it does business, by service of process \ipon an 
agent anywhere in this State. 

Sec. 5. No corporation shall engage in any business other than that 
expressly authorized in its charter. 

Sec. (5. No corporation shall issue stock or bonds, except for money, 
labor done, or money or property actually received: and all fictitious 
increase of stock or indebtedness shall be void. The stock and 
bonded indebtedness of corporations shall not be increased, except 
in pursuance of general laws, nor without the consent of the persons 
holding the larger amount in value of stock first obtained at a meet- 
ing to be held after thirty days' notice given in pursuance of law. 

Sec. 7. Municipal and other corporations ana individuals invested 
with the privilege of taking private property for public use shall 
make just compensation for the property taken, injured, or destroyed 
by the construction or enlargement of its works, highways, or im- 
provements, which compensation shall l)e paid before such taking, 
injury, or destruction. The General Assembly is hereby prohibited 
from depriving any person from an appeal from any preliminary 
assessment of damages against any such corporations or individuals, 
made by viewers or otherwise; and the amount of such damages in 
all cases of appeal shall, on the demand of either party, be determined 
by a jury according to law. 

Sec. 8. Dues from private corporations shall be secured by^ such 
means as may Iw prescribed by law, but in no case shall anv stock- 
holder l>e individually liable otherwise than for the unpafd stock 
owned by hini or her. 

Sec. 0. No corporation shall issue preferred stock without the con- 
sent of the owners of two-thirds of the stock of said corporation. 

Sec. 10. The General Assembly shall have the power to alter, re- 
voke, or amend any charter of incorporation now existing, and revok- 
able at the ratification of this constitution, or any that may hereafter 
be created, whenever in their opinion it may be injurious to the citi- 
zens of the State, in such manner, however, that no injustice shall l)e 
done to the corporators. No law hereafter enacted shall create, 
renew, or extend the charter of more than one corporation. 

Sec. 11. Any association or corporation organized for the purpose, 
or any individual, shall have the right to construct and maintain 
lines of telegraph within this State, and connect the same with other 



Alabama— 1875 179 

lines; and the. General Assembly shall, by general law of uniform 
operation, provide reasonable regulations to give full effect to this 
section. No telegraph company shall consolidate with, or hold a 
controlling interest in the stock or bonds of, any other telegraph com- 
pany ownmg a competing line, or acquire, by purchase or otherwise, 
any other competing line of telegraph. 

Sec. 12. All corporations shall have the right to sue, and shall be 
subject to be sued, in all courts, in like cases as natural persons. 

Sec. 13. The term " corporation," as used in this article, shall be 
construed to include all joint-stock companies, or any associations 
having any of the powers or privileges of corporations not possessed 
by individuals or partnerships. 

BANKS AND BANKING 

Sec. 14. The General Assembly shall not have the power to estab- 
lish or incorporate any bank, or Jbanking company, or moneyed insti- 
tution, for the purpose of issuing bills of credit, or bills payable to 
order or bearer, except under the conditions prescribed in this 
constitution. 

Sec. 15. No bank shall be established otherwise than under a 
general banking law, as provided in the thirteenth section of this 
article, nor otherwise than upon a special basis. 

Sec. 10. All bills or notes issued as money shall be, at all times, 
redeemable in gold or silver ; and no law shall be passed sanctioning, 
directly or indirectly, the suspension, by any bank or banking com- 
pany, of specie payment. 

Sec. 17. Holders of bank-notes and depositors wiio have not s-tipu- 
lated for interest shall, for such notes and deposits, be entitled, in case 
of insolvency, to the preference of payment over all other creditors. 

Sec. 18. Every bank or banking company shall be required to cease 
all banking operations within twenty years from the time of its 
organization, unless the General Assembly shall extend the time, and 
promptly thereafter close its business, but shall have corporate 
capacity to sue, and shall be liable to suit, until its affairs and liabili- 
ties are fully closed. 

Sec. 19. No bank shall receive, directly or indirectly, a greater rate 
of interest than shall be allow^ed by law to individuals for lending 
money. 

Sec. 20. The State shall not be a stockholder in any bank, nor shall 
the credit of the State ever be given or loaned to any banking com- 
pany, association, or corporation. 

RAILROADS AND CANALS 

Sec. 21. All railroads and canals shall be public highways, and all 
railroad and canal companies shall be common carriers. Any associ- 
ation or corporation organized for the purpose shall have the right 
to construct and operate a railroad between any points in this State, 
and to connect, at the State line, with railroads of other States. 
Every railroad company shall have the right with its road to inter- 
sect, connect with, or cross any other railroad, and shall receive and 
transport each the other's freight, passengers, and cars, loaded or 
empty, without delay or discrimination. 



180 Alahama—1876 

Sec. 22. The General Assembly shall pass laws to, correct abuses 
and prevent unjust discrimination and extortion in the rates of 
freights and passenger tariffs on railroads, canals, and rivers in this 
State. 

Sec. 23. No railroad or other transportation company shall grant 
free passes, or sell tickets or i)asses at a discount, other than as sold 
to the public generally, to any member of the General Assembly, or 
to any |)erson holding office under this State or the United States. 

Sec. 24. No street passenger railway shall be constructed within 
the limits of any city or town witHout the consent of its local 
authorities. 

Sec. 25. No railroad, canal, or other transportation company, in 
existence at the time of the ratification of this constitution, shall have 
the benefit of any future legislation by general or special laws, other 
than in execution of a trust created by law or by contract, except on 
the condition of complete acceptance of all the provisions or this 
article. 

Article XIV 

EXEMPTED PROPERTTY 

Section 1. The personal property of any resident of this State to 
the value of $1,000, to be selected by such resident, shall be exempted 
from sale on execution, or other process of any court, issued for the 
collection of any debt contracted since the 13th day of July, 1868, or 
after the ratification of this constitution. 

Sec. 2. Every homestead, not exceeding eighty acres, and the 
dwelling and appurtenances thereon, to l^ selected by the owner 
thereof, and not in any city, town, or village, or in lieu thereof, at 
the option of the owner, any lot in the city, town, or village, with the 
dwelling and appurtenances thereon, owned and occupied by any 
resident of this State, and not exceeding the value of two thousand 
dollars, shall be exempt from sale on execution or any other process 
from a court, for any debt contracted after the adoption of this con- 
stitution. Such exemption, however, shall not extend to any mort- 
gage lawfully obtained, but such mortgage or other alienation of such 
homestead, by the owner thereof, if a married man, shall not be valid 
without the voluntary signature and assent of the wife of the same. 

Sec. 3. The homestead of a family, after the death of the owner 
thereof, shall be exempt from the payment of any debts contracted 
after the adoption of this constitution, in all cases, during the minor- 
ity of the children. 

Sec. 4. The provisions of sections one and two of this article shall 
not be so construed as to prevent a laborer's lien for work done and 

f)erformed for the person claiming such exemption, or a mechanic's 
ien for work done on the premises. 

Sec. 5. If the owner of a homestead die, leaving a widow, but no 
children, the same shall be exempt, and the rents and profits thereof 
shall inure to her benefit. 

Sec. 6. The real and p)ersonal property of any female in this State, 
acquired before marriage, and all property, real and personal, to which 
she may afterward be entitled by gift, grant, inheritance, or devise, 
shall be and remain the separate estate and property of such female, 
and shall not be liable for any debts, obligations, and engagements 



Alabama— 187S 181 

of her husband, and may he devised or bequeathed by her the same 
as if she were a feme sole. 

Sec. 7. The right of exemptions hereinbefore secured may be 
waived by an instrument in writing, and when such waiver relates 
to realty, the instrument must be signed by both the husband and 
wife, and attested by one witness. 

Article XV 

OATH OF OFFICE 

Section 1. All members of the general assembly, and all officers, 
executive and judicial, before they enter upon the execution of the 
duties 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 the con- 
stitution of the State of Alabama, so long as I continue a citizen 
thereof ; and that I will faithfully and honestly discharge the duties 
of the office upon which I am about to enter, to the best of my ability : 
So help me God." 

Which oath may be administered by the presiding officer of either 
house of the general assembly, or any officer authorized by law to 
administer an oath. 

Article XVI 

MISCELLANEOUS PROVISIONS 

Section 1. No person holding an office of profit under the United 
States, except postmasters whose annual salary does not exceed two 
hundred dollars, shall, during his continuance in such office, hold 
any office of profit under this State; nor shall any person hold two 
offices of profit at one and the same time under this State, except 
justices of the peace, constables, notaries public, and commissioners of 
deeds. 

Sec. 2. It is made the duty of the general assembly to enact all 
laws necessary to give effect to the provisions of this constitution. 

Article XVII 

MODE OF AMENDINCx THE CONSTITUTION 

Section 1. The general assembly may, whenever two-thirds of each 
house shall deem it necessary, propose amendments to this consti- 
tution, which, having been read three times on three successive days, 
shall be duly published, in such manner as the general assembly may 
direct, at least three months before the next general election for repre- 
sentatives, for the consideration of the people; and it shall be the 
duty of the several returning-officers, at the next general election 
which shall be held 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 the qualified electors of the State, who 



182 Alabama— 1.901 

voted for rppresontativos, voted in favor of the proposed amend- 
ments, said amendments shall l>e valid to all intents and purposes as 
parts of this constitution, and the results of such election shall be 
made known by proclanuition of the governor. 

Sec. 2. No convention shall hereafter be held for the purpose of 
altering or amending the constitution of this State, unless the ques- 
tion of convention or no convention shall be first submitted to a vote 
of all the electors twenty-one years and upwards, and approved by a 
majority of electors voting at said election. 

L. P. Walker, President. 

B. II. Screws, Secretary. 

CONSTITUTION OF ALABAMA— 1901 * 

Alt AdoptctI by the Constitutional Convention, September 3, 1901, and in Effect 

November 28, 1901 

preamble. 

We, the people of the State of Alabama, in order to establish 
justice, insure domestic tranquility and secure the blessings of liberty 
to ourselves and our posterity, mvoking the favor and guidance of 
Almighty God, do ordain and establish the following Constitution 
and form of government for the State of Alabama : 

Article I 

DECLARATION OF RIGHTS 

That the great, general and essential principles of liberty and free 
government may be recognized and established, we declare: 

1. That all men are equally free and independent ; that they are 
endowed by their Creator with certain inalienable rights; that among 
these are life, liberty and the pursuit of happiness. 

2. That all political power is inherent in the people, and all free 
governments are founded on their authority and instituted for their 
benefit ; and that, therefore, they have at all times an inalienable and 
indefeasible right to change their form of government in such manner 
as they may deem expedient. 

3. That no religion shall be established by law ; that no preference 
shall be given by law to any religious sect, society, denomination or 
mode of worship; that no one shall be compelled by law to attend any 
place of worship ; nor to pay any tithes, taxes or other rates for build- 
ing or repairing any place of worship, or for maintaining any min- 
ister or ministry; that no religious test shall be required as a qualifica- 
tion to anv office or public trust under this State; and that the civil 
rights, j)rivileges and capacities of any citizen shall not be in any 
manner atfected by his religious principles. 

4. That no law shall ever be passed to curtail or restrain the lib- 
erty of speech or of the press ; and any person may speak, write and 

* Verlfietl by " Constitution, State of Alabama, as adopted by the Constitu- 
tional Convention September 3, 1901 ; in efifect November 28, 1901." 



Alahama—1901 183 

publish his sentiments on all subjects, being responsible for the abuse 
of that liberty. 

5. That the jjeople shall be secure in their persons, houses, papers 
and possessions from unreasonable seizures or searches, and that no 
warrants shall issue to search any place or to seize any person or 
thing without probable cause, supported by oath or affirmation. 

G. That in all criminal prosecutions the accused has a right to be 
heard by himself and counsel, or either; to demand the nature and 
cause of the accusation and to have a copy thereof ; to be confronted 
by the witnesses against him ; to have compulsory process for obtain- 
ing witnesses in his favor; to testify in all cases in his own behalf, if 
he elects so to do; and in all prosecutions by indictment, a speedy 
public trial, by an impartial jury of the county or district in which 
the offense was committed ; and he shall not be compelled to give 
evidence against himself, nor be deprived of life, liberty or property, 
except by due process of law ; but the Legislature may, by a general 
law, provide for a change of venue at the instance of the defendant 
in all prosecutions by indictment, and such change of venue on appli- 
cation of the defendant, may be heard and determined without the 
personal presence of the defendant so applying therefor; provided, 
that at the time of the application for the change of venue, the defend- 
ant is imprisoned in jail or some legal place or confinement. 

7. That no person shall be accused, or arrested, or detained, except 
in cases ascertained by law, and according to the form which the same 
has prescribed; and no person shall be punished but by virtue of a 
law established and promulgated prior to the offense and legally 
applied. 

8. That no person shall for any indictable offense be proceeded 
against criminally by information, except in cases arising in the mili- 
tia and volunteer forces when in actual service, or when assembled 
under arms as a military organization, or, by leave of the court, for 
misfeasance, misdemeanor, extortion and oppression in office, other- 
wise than is provided in this Constitution ; provided, that in cases of 
misdemeanor, the Legislature may by law dispense with a Grand 
Jury and authorize such prosecutions and proceedings before Justices 
of the Peace or such other inferior courts as may be by law estab- 
lished. 

9. That no person shall, for the same offense, be twice put in 
jeopardy of life or limb; but courts may, for reasons fixed by law, 
discharge juries from the consideration of any case, and no person 
shall gain any advantage by reason of such discharge of the jury. 

10. That no person shall be barred from prosecuting or defending 
before any tribunal in this State, by himself or counsel, any civil 
cause to which he is a party. 

11. That the right of trial by jury shall remain inviolate. 

12. That in all prosecutions for libel or for the publication of 
papers investigating the official conduct of officers or men in public 
capacity, or when the matter published is proper for public informa- 
tion, the truth thereof may be given in evidence ; and that in all 
indictments for libel, the jury shall have the right to determine the 
law and the facts under the direction of the court. 

13. That all courts shall be open ; and that every person for any 
injury done him in his lands, goods, person or reputation, shall have 



184 Alabama— 1901 

a remedy by due process of law ; and right and justice shall be admiDtj, 
istered without sale, tlenial or delay. 

14. That the State of Alabama shall never be made a defendant i^ 
any court of law or equity. . 

15. That excessive fines shall not be imposed nor cruel or unusuw^ 
punishment inflicted. 

10. That all persons shall, before conviction, be bailable by suffi- 
cient sureties, except for capital offenses, when the proof is evident 
or the presumption great; and that excessive bail shall not in any 
case be required, 

17. That the j)rivilege of the writ of habeas corpus shall not be 
suspended by the authorities of this State. 

18. That treason against the State shall consist only in levying 
war against it, or adhering to its enemies, giving them aid and com- 
fort ; and that no person shall be convicted of treason, except on the 
testimony of two witnesses to the same overt act, or his own confes- 
sion in open court. 

19. That no person shall be attainted of treason by the Legislature; 
and no conviction shall work corruption of blood or forfeiture of 
estate. 

20. That no person shall be imprisoned for debt. 

21. That no power of suspendmg laws shall be exercised except by 
the Legislature. 

22. That no ex post facto law, nor any law impairing the obliga- 
tion of contracts, or making any irrevocable or exclusi\e grants of 
special privileges or immunities, shall be passed by the Legislature; 
and every grant of a franchise, privilege or immunity, shall forever 
remain subject to revocation, alteration or amendment. 

23. That the exercise of the right of eminent domain shall never 
be abridged nor so construed as to prevent the Legislature from taking 
the property and franchises of incorporated companies, and subject- 
ing them to public use in the same manner in which the property and 
franchises of individuals are taken and subjected ; but private prop- 
erty shall not be taken for, or applied to, public use, unless just com- 
pensation be first made therefor ; nor shall private property be taken 
for private use, or for the use of corporations, other than municipal, 
without the consent of the owner; provided, however, the Legislature 
may by law secure to persons or corporations the right of way over 
the lands of other persons or corporations, and by general laws 
provide for and regulate the exercise by persons and corporations of 
the rights herein reserved; but just compensation shall in all cases 
be first made to the owner; and provided, that the right of eminent 
domain shall not Ije so construed as to allow taxation or forced sub- 
scription for the benefit of railroads or any other kind of corpora- 
tions, other than municipal, or for the benefit of any individual or 
association. 

24. That all navigable waters shall remain forever public high- 
ways, free to the citizens of the State and the United States, without 
tax, impost or toll; and that no tax, toll, impost or wharfage shall 
he demanded or received from the owner of any merchandise or com- 
modity for the use of the shores or any wharf erected on the shores, 
or in or over the waters, of any navigable stream, unless the same 
be expressly authorized by law. 



Alabama— 1901 185 

25. That the citizens have a right, in a peaceable manner, to as- 
semble together for the common good, and to apply to those invested 
with the power of government for redress or grievances or other pur- 
poses, by petition, address or remonstrance. 

26. That every citizen has a right to bear arms in defense of him- 
self and the State. 

27. That no standing army shall be kept up without the consent 
of the Legislature, and, in that case, no appropriation for its sup- 
port shall be made for a longer term than one year ; and the military 
shall, in all cases, and at all times, be in strict subordination to the 
civil power. 

28. That no soldier shall, in time of peace, be quartered in any 
house without the consent of the owner, nor, in time of war, but in 
a manner to be prescribed by law. 

29. That no title of nobility or hereditary distinction, privilege, 
honor or emolument, shall ever be granted or conferred in this State; 
and that no office shall be created, the appointment to which shall 
be for a longer time than during good .behavior. 

30. That immigration shall be encouraged; emigration shall not 
be prohibited, and no citizen shall be exiled. 

31. That temporary absence from the State shall not cause a for- 
feiture of residence once obtained. 

32. That no form of slavery shall exist in this State ; and there shall 
not be any involuntary serviture, otherwise than for the punishment 
of crime, of which the party shall have been duly convicted. 

33. The privilege of suffrage shall be protected by laws regulating 
elections and prohibiting, under adequate penalties, all undue in- 
fluences from power, bribery, tumult or other improper conduct. 

34. Foreigners who are, or may hereafter become, bona fide resi- 
dents of this State, shall enjoy the same rights in respect to the 
possession, enjoyment and inheritance of property as native born 
citizens. 

35. That the sole object and only legitimate end of government is 
to protect the citizen in the enjoyment of life, liberty and property, 
and when the government assumes other functions it is usurpation 
and oppression. 

36. That this enumeration of certain rights shall not impair or 
deny others retained by the people; and, to guard against any 
encroachments on the rights herein retained, we declare that every- 
thing in this Declaration of Rights is excepted out of the general 
powers of government, and shall forever remain inviolate. 

Article II 

STATE AND COUNTY BOUNDARIES 

37. The boundaries of this State are established and declared to be 
as follows, that is to say: Beginning at the point where the thirty- 
first degree of north latitude crosses 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 the southern boundary line of the State of Ten- 
nessee, crossing the Tennessee river, and on to the second intersection 



186 Alabama— 1901 

of said river by said line; thence up said river to the mouth of Big 
Bear creek; thence by a direct line to the northwest corner of Wash- 
ington county, in this State, as originally formed; thence st)uth- 
wardly along the line of the State of Mississippi, to the Gulf of 
Mexico; thence eastwardly, including all islands within six leagues of 
the shore, to the Perdido river; thence up the said river to the l)egin- 
ning; provided that the limits and jurisdiction of this State shall 
extend to and include any other land and territory hereafter acquired 
by contract or agreement with other States, or otherwise, although 
such land and territory are not included within the boundaries here- 
inbefore designated. 

38. The boundaries of the several counties of this State, as they 
now" exist, are hereby ratified and confirmed. 

39. The Tx^gislature may by a vote of two-thirds of each House 
thereof arrange and designate boundaries for the several counties of 
this State, which boundaries shall not be altered, except by a like 
vote; but no new county shall be formed hereafter of less extent than 
six hundred square miles, and no existing county shall be reduced to 
less than six hundred square miles; and no new county shall l>e 
formed unless it shall contain a sufficient number of inhabitants to 
entitle it to one Representative under the ratio of representation exist- 
ing at the time of its formation, and leave the county or counties from 
which it is taken with the required numl)er of inhabitants to entitle 
such county or counties, each, to separate representation; provided, 
that out of the counties of Henry, Dale and (Jeneva a new county of 
less than six hundred square miles may be formed under the provi- 
sions of this article, so as to leave said counties of Henry, Dale and 
Geneva with not less than five hundred square miles each. 

40. No county line shall be altered or changed, or, in the event of 
the creation of new counties, shall be established, so as to run within 
seven miles of the county court house of any old county. 

41. No court house or county site shall l)e removed except by a 
majority vote of the qualified electors of said county, voting at an 
election held for such purpose, and when an election has once been 
held no other election shall be held for such purpose until the expira- 
tion of four years; provided, that the county site of Shelby county 
shall remain at Columbiana, unless removed by a vote of the people 
as provided for in an act entitled, "An Act to provide for the perma- 
nent location of the county site of Shelby county, Alabama, by a 
vote of the qualified electors of said county." approved the 9th day of 
February, 1899, and the act amendatory thereof, approved the 20th 
day of February, 1899, or by an election held under the provisions of 
this article. 

AirricLE III 

DISTRIBUTION OF POWERS OF GOVERNMENT 

42. The powers of the government of the State of Alabama shall 
be divided into three distinct departments, each of which shall be 
confided to a separate body of magistracy, to- wit : That which are 
legislative, to one; those which are executive, to another; and those 
which are judicial, to another. 



Alabama— 1901 187 

43. In the government of this State, except in the instances in this 
Constitution hereinafter expressly directed or permitted, the legis- 
lative department shall never exercise the executive and judicial 

f)0wers, or either of them; the executive shall never exercise the 
egislative and judicial powers, or either of them; the judicial shall 
never exercise the legislative and executive powers, or either of them ; 
to the end that it may be a government of laws and not of men. 

Article IV 

LEGISLATIVE DEPARTMENT 

44. The legislative power of this State shall be vested in a Legis- 
lature, which shall consist of- a Senate and a House of Representatives. 

45. The style of the laws of this State shall be : " Be it enacted by 
the Legislature of Alabama," which need not be repeated, but the 
act shall be divided into sections for convenience, according to sub- 
stance; and the sections designated merely by figures. Each law 
shall contain but one subject, which shall be clearly expressed in its 
title, except general appropriation bills, general revenue bills, and 
bills adopting a code, digest, or revision of statutes; and no law shall 
be revived, amended, or the provisions thereof extended or conferred, 
by reference to its title only; but so much thereof as is revived, 
amended, extended, or conferred, shall be re-enacted and published 
at length. 

46. Senators and Representatives shall be elected by the qualified 
electors on the first Tuesday ofter the first Monday in November, 
unless the Legislature shall change the time of holding elections, and 
in every fourth year thereafter. The terms of office of the Senators 
and Representatives shall commence on the day after the general 
election at which they are elected, and expire on the day after the 
general election held in the fourth year after their election, except 
as otherwise provided in this Constitution. At the general election 
in the year nineteen hundred and tw^o all the Representatives, together 
with the Senators for the even numbered districts and for the Thirty- 
fifth district, shall be elected. The terms of those Senators who rep- 
resent tlie odd numbered districts under the law in force prior to 
the ratification of this Constitution are hereby extended until the 
day after the general election in the year nineteen hundred and six; 
and until the expiration, of his terms as hereinbefore extended, each 
such Senator shall represent the district established by this Constitu- 
tion bearing the number corresponding with that for which he was 
elected. In the year nineteen hundred and six, and in every fourth 
year thereafter, all the Senators and Representatives shall be elected. 
Wlienever a vacancy shall occur in either House the Governor shall 
issue a writ of election to fill such vacancy for the remainder of the 
term. 

47. Senators shall be at least twenty-five years of age, and Repre- 
sentatives twenty-one years of age at the time of their election. They 
shall have been citizens and residents of this State for three years, 
and residents of their respective counties or districts for one j^ear 
next before their election, if such county or district shall have been 



188 Alabama— 1901 

so long establi55hed ; but if not, then of the county or district from 
which the same shall have been taken ; and they shall reside in their 
respective counties or districts during their terms of office. 

48. The I^egislature shall meet quadrennially at the Capitol, in the 
Senate chamber, and in the Hall of the House of Representatives, on 
the second Tuesday in January next succeeding their election, or on 
such other day as may be prescribed by law ; and shall not remain in 
session longer than sixty days at the first session held under this Con- 
stitution, nor longer than fifty days at any subsequent session. If 
at any time it should from any cause become impossible or dangerous 
for the legislature to meet or remain at the Capitol or for the Senate 
to meet or remain in the Senate Chamber, or for the Representatives 
to meet or remain in the Hall of the House of Representatives, the 
Governor may convene the Legislature, or remove it, after it has con- 
vened, to some other place, or may designate some other place for 
the sitting of the respective Houses, or either of them, as necessity 
may require. 

49. The pay of the members of the Legislature shall be four dollars 
per day, and ten cents per mile in going to and returning from the 
seat of government, to be computed by the nearest usual route 
traveled. 

50. The Legislature shall consist of not more than thirty-five Sen- 
ators, and not more than one hundred and five members of the House 
of Representatives, to be apportioned among the several districts and 
counties as prescribed in this Constitution; provided that in addi- 
tion to the above number of Representatives each new county here- 
after created shall be entitled to one Representative. 

51. The Senate, at the l^eginning of each regular session, and at 
such other times as may l)e necessary, shall elect one of its mem- 
bers president pro tem thereof, to preside over its deliberations in 
the absence of the Lieutenant-Governor; and the House of Repre- 
sentatives, at the beginning of each regular session, and at such other 
times as may be necessary, shall elect one of its members as Speaker: 
and the President of the Senate and the Speaker of the House of 
Representatives shall hold their offices, respectively, until their suc- 
cessors are elected and qualified. In case or the temporary disability 
of either of said presiding officers, the House to which he belongs 
may elect one of its members to preside over that House, and to per- 
form all the duties of such officer during the continuance of his dis- 
ability; and such temporary officer, while performing duty as such, 
shall receive the same compensation to which the permanent officer 
is entitled by law, and no other. Each House shall choose its own 
officers, and shall judge of the election, returns and qualifications of 
its members. 

52. A majoritv of each House shall constitute a quorum to do busi- 
ness ; but a smaller number may adjourn from day to day and compel 
the attendance of absent members, in such manner, and under such 
penalties as each House may provide. 

53. Each House shall have power to determine the rules of its pro- 
ceedings, and to punish its members and other persons, for contempt 
or disorderly lx»havior in its presence; to eniorce obedience to its 
processes ; to protect its members against violence or offers of bribery 



Alabama— 1901 189 

or corrupt solicitation; and, with the concurrence of two-thirds of 
the House, to expel a member, but not a second time for the same 
offense; and the two Houses shall have all the powers necessary for 
the Legislature of a free State. 

54. A member of the Legislature expelled for corruption shall not 
thereafter be eligible to either House ; and punishment for contempt 
or disorderly behavior sliall not bar an indictment for the same 
offense. 

55. Each House shall keep a Journal of its proceedings, and cause 
the same to be published immediately after its adjournment, except- 
ing such parts as, in its judgment, may require secrecy ; and the yeas 
and nays of the members of either House on any question shall, at the 
request of one-tenth of the members present, be entered on the 
Journal. Any member of either House shall have liberty to dissent 
from or protest against, any act or resolution which he may think 
injurious to the public, or to an individual, and have the reason for 
his dissent entered on the Journal. 

56. Members of the Legislature shall in all cases, except treason, 
felony, violation of their oath of office, and breach of the peace, be 
privileged from arrest during their attendance at the session of their 
respective houses, and in going to and returning from the same ; and 
for any speech or debate in either House they shall not be questioned 
in any other place. 

57. The doors of each House shall be opened except on such occa- 
sions as, in the opinion of the House, may require secrecy; but no 
person shall be admitted to the floor of either House while the same is 
in session, except members of the Legislature, officers and employees 
of the two Houses, the Governor and his secretaries, representatives 
of the press and other persons to whom either House, by unanimous 
vote, may extend the privileges of its floor. 

58. Neither House shall, without consent of the other, adjourn for 
more than three days, nor to any other place than that in which they 
may be sitting, except as otherwise provided in this Constitution. 

59. No Senator or Representative shall, during the term for which 
he shall have been elected, be appointed to any office of profit under 
this iBtate, which shall have been created, or the emoluments of which 
shall have been increased during such term, except such offices as may 
be filled by election by the people. 

60. No person convicted of embezzlement of the public money, 
bribery, perjury, or other infamous crime, shall be eligible to the 
Legislature or capable of holding any office of trust or profit in this 
State. 

61. No law shall be passed except by bill, and no bill shall be so 
altered or amended on its passage through either House as to change 
the original purpose. 

62. No bill shall become a law until it shall have been referred to a 
standing committee of each House, acted upon by such committee in 
session, and returned therefrom, which facts shall affirmatively ap- 
pear upon the Journal of each House. 

63. Every bill shall be read on three different days in each House, 
and no bill shall become a law unless on its final passage it be read at 
length, and the vote to be taken by yeas and nays, the names of the 

7251— vol. 1—07 15 



190 Alabama— 1901 

members voting for and against the same be entered uiK)n the Journal, 
and a majority of each House be recorded thereon as voting in its 
favor, except as otherwise provided in this Constitution. 

64. No amendment to bills shall be adopted except by a majority 
of the House wherein the same is offered, nor unless the amendment, 
with the names of those voting for and against the same, shall be 
entered at length on the Journal of the House in which the same is 
adopted ; and no amendment to bills by one House shall be concurred 
in by the other, unless a vote be taken by yeas and nays, and the names 
of the meml^ers voting for and against the same be recorded at length 
on the Journal; and no report of a committee of conference shall be 
adopted in either House except upon a vote taken by yeas and nays 
and entered on the Journal as herein provided for the adoption of 
amendments. 

65. The Legislature shall have no power to authorize lotteries or 
gift enterprises for any purpose, and shall pass laws to prohibit the 
sale in this State of lottery or gift enterprise tickets, or tickets in 
any scheme in the nature of a lottery; and all acts or parts of acts 
heretofore passed by the Legislature of this State, authorizing a lot- 
tery or lotteries, and all acts amendatory thereof, or supplemental 
thereto, are hereby avoided. 

66. The presiding officer of each House shall, in the presence of the 
House over which he presides, sign all bills and jomt resolutions 
passed by the Legislature, after the same shall have been publicly 
read at length immediately before signing, and the fact of reading 
and signing shall be entered upon the Journal ; but the reading at 
length may be dispensed with by a two-thirds vote of a quorum pres- 
ent, which fact shall also be entered on the Journal. 

67. The Legislature shall prescribe by law the number, duties and 
compensation of the officers and employes of each House, and no pay- 
ment shall be made from the State Treasury or be in any way author- 
ized to any person except to an acting officer or employe elected or 
appointed in pursuance of law. 

68. The legislature shall have no power to grant, or to authorize or 
require any county or municipal authority to grant, nor shall any 
county or municipal authority have power to grant, any extra -com- 
pensation, fee or allowance to any public officer, servant or employee, 
agent or contractor, after service shall have been rendered or con- 
tract made; nor to increase or decrease the fees and compensation of 
such officers, during their terms of office ; nor shall any officer of the 
State bind the State to the payment of any sum of money, but by 
authority of law ; provided this section shall not apply to allowances 
made by commissioners' court, or boards of revenue to county officers 
for ex-officio services, nor prevent the Legislature from increasing or 
diminishing at any time the allowance to sheriffs or other officers for 
feeding, transferring or guarding prisoners. 

69. All stationery, printing, paper and fuel used in the legislative 
and other departments of government, shall be furnished, and the 
printing, binding and distribution of laws. Journals, department 
reports and all other printing, binding and repairing, and furnishing 
the halls and rooms used for the meeting of the Legislature and its 
committees, shall be performed, under contract, to be given to the 
lowest responsible bidder below a maximum price, and under such 



Alabama— 1901 191 

regulations as shall be prescribed by law ; no member or officer of any 
department of the government shall be in any way interested in such 
contracts, and all such contracts shall be subject to the approval of 
the Governor, Auditor, and Treasurer. 

70. All bills for raising revenue shall originate in the House of 
Representatives. The Governor, Auditor and Attorney General shall, 
before each regular session of the Legislature, prepare a general 
revenue bill, to be submitted to the Legislature for its information, 
and the Secretary of State shall have printed for the use of the Leg- 
islature a sufficient number of copies of the bill so prepared, which 
the Governor shall transmit to the House of Representatives as soon 
as organized to be used or dealt with as that House may elect. The 
Senate may propose amendments to revenue bills. No revenue bill 
shall be passed during the last five days of the session. 

71. The general appropriation bill shall embrace nothing but 
appropriations for the ordinary expenses of the Executive, Legisla- 
tive and Judicial departments of the State, for interest on the public 
debt, and for the public schools. The salary of no officer or employe 
shall be increased in such bill, nor shall any appropriation be made 
therein for any officer or employe, unless his employment and the 
amount of his salary have already been provided for by law. All 
other appropriations shall be made by separate bills, each embracing 
but one subject. 

72. No money shall be paid out of the Treasury except upon appro- 
priations made by law, and on warrants drawn by the proper officer 
in pursuance thereof ; and a regular statement and account of receipts 
and expenditures of all public moneys shall be published annually, 
in such manner as may be by law directed. 

73. No api^ropriation shall be made to any charitable or educa- 
tional institution not under the absolute control of the State, other 
than normal schools established by law for the professional training 
of teachers for the public schools of the State, except by a vote of 
two-thirds of all the members elected to each House. 

74. No act of the Legislature shall authorize the investment of 
any trust funds by executors, administrators, guardians or other trus- 
tees in the bonds or stocks of any private corporation; and any 
such acts now existing are avoided, saving investments heretofore 
made. 

75. The power to change the venue in civil and criminal causes is 
vested in the courts, to be exercised in such manner as shall be pro- 
vided by law. 

76. When the Legislature shall be convened in special session, there 
shall be no legislation upon subjects other than those designated in 
the proclamation of the Governor calling such session, except by 
a vote of two-thirds of each House. Special sessions shall be limited 
to thirty days. 

77. No State office shall be continued or created for the inspection 
or measuring of any merchandise, manufacture or commodity; but 
any county or municipality may appoint such officers when authorized 
by law. 

78. No act of the Legislature changing the seat of government of 
the State shall become a law until the same shall have been sub- 
mitted to the qualified electors of the State, at a general election, and 



192 Alabama— 1901 

approved by a majority of such electors voting on the same; and 
such act shall specif v the proposed new location. 

79. A member of the I-.egislature wiio shall solicit, demand or 
receive or consent to receive, directly or indirectly, for himself or 
for another, from any company, corporation, association or person, 
any money, office, appointment, employment, reward, thinj; of value 
or enjoyment, or of personal advantage, or promise thereof, for his 
vote or official influence, or for withholdin^j: the same; or with an 
understanding, expressed or implied, that his vote, or official action, 
shall be in any way influenced thereby; or who shall solicit or demand 
any such money or other advantage, matter or thing aforesaid, for 
another as the consideration for his vote, or influence, or for with- 
holding the same; or shall give or withhold his vote or influence, 
in consideration of the payment or promise of such money, advantage, 
matter or thin^ to another, shall be guilty of bribery within the 
meaning of this Constitution, and shall incur the disabilities and 
penalties provided thereby for such offense, and such additional 
punishment as is or shall l)e provided by law, 

80. Any person who shall, directly or indirectly, offer, give or 
promise any money, or thing of value, testimonial, privilege or per- 
sonal advantage, to any executive or judicial officer or memlx»r of the 
Legislature, to influence him in the performance of any of his public 
or official duties, shall be guilty of bribery, and l>e punished in such 
manner as may be provided by law. 

81. The offense of corrupt solicitation of members of the Legisla- 
ture, or of public officers of this State, or of any municipal division 
thereof, ana any occupation or practice of solicitation of such mem- 
bers or officers, to influence their official action, shall be defined by 
law, and shall be punished by fine and imprisonment in the peni- 
tentiary ; and the Legislature shall provide for the trial and punish- 
ment of the offenses enumerated in the two preceding sections, and 
shall require the judges to give the same specially in charge to the 
grand juries in all the counties of this State. 

82. A member of the Legislature who has a personal or private 
interest in any measure or bill proposed or pending before the legis- 
lature, shall disclose the fact to the House of which he is a member, 
and shall not vote thereon. 

83. In all elections bv the Legislature the members shall vote viva 
voce, and the votes shall be entered on the Journal. 

84. It shall be the duty of the Legislature 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 mode of adjustment. 

85. It shall l>e the duty of the'Legislature, at its first session after 
the ratification of this Constitution, and within every subsequent 

Seriod of twelve years, to make provision by law for revising, 
igesting and promulgating the public statutes of this State of a gen- 
eral nature, lx)th civil and criminal. 

86. The legislature shall pass such penal laws as it may deem 
expedient to suppress the evil practice of dueling. 

87. It shall be the duty of the legislature to regulate by law the 
cases in which deduction shall be made from the salaries or compensa- 
tion of public officers for neglect of duty in their official capacities, 
and the amount of such deduction. 



Alabama — 1901 193 

88. It shall be the duty of the Le^nslature to require the several 
counties of this State to make adequate provision for maintenance of 
the poor. 

89. The Legislature shall not have power to authorize any muni- 
cipal corporation to pass any laws inconsistent with the general laws 
or this State. 

90. In the event of the annexation of any foreign territory to this 
State, the Legislature shall enact laws extending to the inhabitants 
of the acquired territory all the rights and privileges which may be 
required by the terms of acquisition not inconsistent with this Con- 
stitution. Should the State purchase such foreign territory, the leg- 
islature, with the approval of the Governor, shall be authorized to 
expend any money in the Treasury not otherwise appropriated, and, 
if necessary, to provide also for the issuance of State bonds, to pay 
for the purchase of such foreign territory. 

91. The Legislature shall not tax the property, real or personal, of 
the State, counties or other municipal corporations, or cemeteries; 
nor lots in incorporated cities or towns, or within one mile of any 
city or town to the extent of one acre ; nor lots one mile or more dis- 
tant from such cities or towns, to the extent of five acres, with the 
buildings thereon, when same are used exclusively for religious 
worship, for schools, or for purposes purely charitable. 

92. The Legislature shall by law prescribe such rules and regula- 
tions as may be necessary to ascertain the value of real and personal 
property exempted from sale under legal process by this Constitu- 
tion, and to secure the same to the claimant thereof as selected. 

93. The State shall not engage in works of internal improvement, 
nor lend money or its credit in aid of such; nor shall the State be 
interested in any private or corporate enterprise, or lend money or its 
credit to any individual, association or corporation. 

94. The Legislature shall not have power to authorize any county, 
city, town, or other subdivision of this State to lend its credit, or to 
grant public money or thing of value in aid of, or to,, any individual, 
association or corporation whatsoever, or to become a stockholder in 
any such corporation, association or company, by issuing bonds or 
otherwise. 

95. There can be no law of this State impairing the obligation of 
contracts by destroying or impairing the remedy for their enforce- 
ment; and the Legislature shall have no power to revive any right 
or remedy wiiich may have become barred by lapse of time, or by any 
statute of this State. After suit has been commenced on any cause 
of action, the Legislature shall have no poAver to take away such cause 
of action, or destroy any existing defense to such suit. 

96. The Legislature shall not enact any law not applicable to all 
the counties in the State, regulating costs and charges of courts, or 
fees, commissions or allowances of public officers. 

97. The Legislature shall not authorize payment to any person of 
the salary of a deceased officer beyond the date of his death. 

98. The Legislature shall not retire any officer on pay, or part pay, 
or make any grant to such retiring officer. 

99. Lands belonging to or under the control of the State shall never 
be donated directly or indirectly to private corporations, associations, 
or individuals, or railroad companies; nor shall such lands be sold to 



194 Alabama— 1.901 

corporations or associations for a less i)rici> than that for which they 
are subject to sale to individuals; i^)rovided, that nothing contained 
in this .section shall prevent the Legislature from granting a right of 
way, not exceeding one hundred and twenty-five feet in width, as a 
mere easement, for railroads or telegraph or telephone lines across 
State lands, and the Legislature shall never dispose of the land cov- 
ered by such right of way except snbject to such easement. 

100. Xo obligation or liability of any person, association or corjx)- 
ration held or owned by this State, or by any county or other nninici- 
l)ality thereof, shall ever be remitted, released or postponed, or in any 
way diminished, by the Legislature; nor shall such liability or obliga- 
tion be extinguished except by payment thereof; nor shall such liabil- 
ity or obligation be exchanged or transferred except upon payment of 
its face value; provided, that this section shall not prevent the legis- 
lature from providing by general law for the compromise of doubtfid 
claims. 

101. No State or county official shall, at any time during his term 
of office, accept either directly or indirectly any fee, money, office, 
apjK)intment, employment, reward or thing of value, or of personal 
advantage, or the promise thereof, to lobby for or against any meas- 
ure pending liefore the Legislature, or to give or withhold his influ- 
ence to secure the passage or defeat of any such measure. 

102. The Legislature shall never pass any law to authorize or 
legalize any marriage between any white person and a negro, or a 
descendant of a negro. 

103. The Legislature shall provide by law for the regulation, pro- 
hibition or reasonable restraint of common carriers, partnerships, 
associations, trusts, monopolies, and combinations of capital, so as to 
prevent them or any of them from making scarce articles of necessity, 
trade or commerce, or from increasing unreasonably the cost thereof 
to the consumer, or preventing reasonable com|)etition in any calling, 
trade or business. 

LOCAL LEGISLATION 

104. The Legislature shall not pass a special, private or local law 
in any of the following cases : 

(1) Granting a divorce; 

(2) Relieving any minor of the disabilities of non-age; 

(3) Changing the name of any corporation, association, or 
individual ; 

(4) Providing for the adopting or legitimizing of any child: 

(5) Incorporating a city, town or village; 

(6) Granting a charter to any corporation, association, or 
individual; 

(7) Establishing rules of descent or distribution; 

(8) Regulating the time within which a civil or criminal action 
may be begiui ; 

(9) Exempting any individual, private corporation or association 
from the operation of any general law; 

(10) Providing for the sale of the property of nuy individual or 
e^state ; 

(11) Changing or locating a county seat; 



Alabama— 1901 195 

(12) Providing for a cliange of venue in any case; 

(13) Regulating the rate of interest; 

(14) Fixing the punishment of crime; 

(15) Regulating either the assessment or collection of taxes, except 
in connection with the readjustment, renewal, or extension of exist- 
ing municipal indebtedness created prior to the ratification of the 
Constitution of eighteen hundred and seventy-five; 

(16) Giving effect to an invalid will, deed or other instrument; 

(17) Authorizing any county, city, town, village, district or other 
political subdivision of a county, to issue bonds or other securities 
unless the issuance of said bonds or other securities shall have been 
authorized before the enactment of such local or special law, by a 
vote of the duly qualified electors of such county, township, cit3% 
town, village, district or other political subdivision of a county, at an 
election held for such purpose, in the manner that may be prescribed 
by law; provided, the Legislature may without such election, pass 
special laws to refund bonds issued before the date of the ratification 
of this Constitution ; 

(18) Amending, confirming or extending the charter of any pri- 
vate municipal corporation, or remitting the forfeiture thereof; 
provided, this shall not prohibit the Legislature from altering or 
re-arranging the boundaries of any city, town or village ; 

(19) Creating, extending or impairing any lien; 

(20) Chartering or licensing any ferry, road or bridge; 

(21) Increasing the jurisdiction and fees of justices of the peace, 
or the fees of constables ; 

(22) Establishing separate school districts; 

(23) Establishing separate stock districts; 

(24) Creating, increasing or decreasing fees, percentages or allow- 
ances of pubUc officers; 

(25) Exempting property from taxation or from levy or sale; 

(26) Exempting any person from jury, road or other civil duty; 

(27) Donating any lands owned by or under control of the State 
to any person or corporation ; 

(28) Remitting fines, penalties or forfeitures; 

(29) Providing for the conduct of elections or designating places 
of voting, or changing the boundaries of wards, precincts or districts, 
except in the event of the organization of new counties, or the chang- 
ing of the lines of old counties ; 

(30) Restoring the right to vote to persons convicted of infamous 
crimes, or crimes involving moral turpitude ; 

(31) Declaring who shall be liners between precincts or between 
counties. 

104. The Legislature shall pass general laws for the cases enumer- 
ated in this section, provided that nothing in this section or article 
shall affect the right of the Legislature to enact local laws regulating 
or prohibiting the liquor traffic; but no such local law shall be 
enacted unless notice shall have been given as required in Section 106 
of this Constitution. 

105. No special, private or local law, except a law fixing the time 
of holding courts, shall be enacted in any case which is provided for 
by a general law, or when the relief sought can be given by any 



196 Alabama— 1901 

court of this State; and the courts and not the Lecislature, shall 
judge as to whether the matter of said law is provided for by a gen- 
eral law, and as to whether the relief sought can be given by any 
court; nor shall the legislature indirectly enact any such special, 
private or local law by the partial repeal of a general law. 

106. No special, private or local law shall be passed on any sub- 
ject not enumerated in Section 104 of this Constitution, except in 
reference to fixing the time of holding courts, unless notice of the 
intention to apply therefor shall have been published, without cost 
to the State, in the county or counties where the matter or thing to be 
affected may be situated, which notice shall state the substance of the 
proposed law and be published at least once a week for four consecu- 
tive weeks in some newspaper published in such county or counties, 
or if there is no newspaper published therein, then by posting the 
said notice for four consecutive weeks at five different places in the 
county or counties prior to the introduction of the bill; and proof 
by affidavit that said notice has been given shall be exhibited to each 
House of the Legislature, and said proof spread upon the Journal. 
The courts shall pronounce void every special, private or local law 
which the Journals do not affirmatively show was passed in accord- 
ance with the provisions of this section. 

107. The Legislature shall not, by special, private or local law, 
repeal or modify any special, private or local law except upon notice 
being given and shown as provided in the last preceding section. 

108. The operation of a general law^ shall not be suspended for the 
benefit of any individual, private corporation or association; nor 
shall any individual, private corporation or association be. exempted 
from the operation of any general law except as in this article other- 
wise provided. 

109. The Legislature shall pass general laws under which local and 
private interests shall be provided for and protected. 

110. A general law within the meaning of this article is a law 
which apples to the whole State; a local law is a law which applies 
to any political subdivision or subdivisions of the State less than the 
whole ; a special or private law within the meaning of this article is 
one which applies to an individual, association or corporation. 

111. No bill introduced as a general law in either House of the 
Legislature shall be so amended on its passage as to become a special, 
private or local law. 

Article V 

EXECUTIVE DEPARTMENT 

112. The Executive department shall consist of a Governor, Lieu- 
tenant-Governor, Attorney General, State Auditor, Secretary of 
State, State Treasurer, Superintendent of Education, Commissioner 
of Agriculture and Industries, and a Sheriff for each county. 

113. 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." 

114. The Governor, Lieutenant-Governor, Attorney General, State 
Auditor, Secretary of State, State Treasurer, Superintendent of Edu- 
cation and Commissioner of Agriculture and Industries, shall be 



Alabama— 1901 197 

elected by the qualified electors of the State at the same time and 
places appointed for the election of members of the Legislature in 
the year nineteen hundred and two, and in every fourth year there- 
after. 

115. The returns of every election for Governor, Lieutenant-Gov- 
ernor, Attorney General, State Auditor, Secretary of State, State 
Treasurer, Superintendent of Education and Commissioner of Agri- 
culture and Industries shall be sealed up and transmitted by the 
returning officers to the seat of government, directed to the Speaker 
of the House of Representatives, who shall, during the first week of 
the session to which such returns shall be made, open and publish 
them in the presence of both Houses of the Legislature in joint con- 
vention ; but the Speaker's duty and the duty of the joint convention 
shall be purely ministerial. The result of the election shall be ascer- 
tained and declared by the Speaker from the face of the returns 
without delay. The person having the highest number of votes for 
any one of said offices shall be declared duly elected; but if two or 
more persons shall have an equal and the highest number of votes for 
the same office, the Legislature by joint vote, without delay, shall 
choose one of said persons for said office. Contested elections for 
Governor, Lieutenant-Governor, Attorney General, State Auditor, 
Secretary of State, State Treasurer, Superintendent of Education 
and Commissioner of Agriculture and Industries shall be determined 
by both Houses of the Legislature in such manner as may be pre- 
scribed by law. 

116. The Governor, Lieutenant-Governor, Attorney General, State 
Auditor, Secretary of State, State Treasurer, Superintendent of Edu- 
cation and Commissioner of Agriculture and Industries, elected after 
the ratification of this Constitution, shall hold their respective offices 
for the term of four years from the first Monday after the second 
Tuesday in January next succeeding their election, and until their 
successors shall be elected and qualified. After the first election 
under this Constitution no one of said officers shall be eligible as 
his own successor; and the Governor shall not be eligible to election 
or appointment to any office under this State, or to the Senate of the 
United States during his term, and within one year after the expira- 
tion thereof. 

117. The Governor and Lieutenant-Governor shall each be at 
least thirty years of age when elected, and shall have been citizens of 
the United States ten years and resident citizens of this State at least 
seven years next before the date of their election. The Lieutenant- 
Governor shall be ex-officio President of the Senate, but shall have no 
right to vote except in the event of a tie. 

118. The Governor, Lieutenant-Governor, Attorney-General, State 
Auditor, Secretary of State, State Treasurer, Superintendent of Edu- 
cation and Commissioner of Agriculture and Industries shall receive 
compensation to be fixed by law, which shall not be increased or 
diminished during the term for which they shall have been elected, 
and shall, except the Lieutenant-Governor, reside at the State Capital 
during the time they continue in office, except during epidemics. The 
compensation of the Lieutenant-Governor shall be the same as that 
received by the Speaker of the House, except while serving as Gov- 
ernor, during which time his compensation shall be the same as that 
allowed the Governor. 



198 Alahatna— 1,001 

110. If the Ijegislature, at the session next after the ratification 
of this Constitution, shall enact a law increasin«r the salary of the 
Governor, such increase shall Ix'conie etfective and apply to the first 
Governor elected after the ratification of this Constitution, if the 
Legislature shall so determine. 

120. The Governor shall take care that the laws be 'faithfully 
executed. 

1'21. The Governor may require information in writing, under 
oath, from the officers of the executive department, named in this 
article, or created by statute, on any subject relating to the duties of 
their respective offices; and he may at any time require information in 
writing, under oath, from all officers and managers of State institu- 
tions, upon any subject relating to the condition, management and 
expenses of their respective offices and institutions. Any such officer 
or manager who makes a wilfully false report or fails without suffi- 
cient excuse to make the required report on demand, is guilty of an 
impeachable oflfense. 

122. The Governor may, by proclamation, on extraordinary occa- 
sions, convene the legislature at the seat of government, or at a dif- 
ferent place if, since their last adjournment, that shall have become 
dangerous from an enemy, insurrection, or other lawless outbreak, or 
from any infectious or contagious disease; and he shall state spe- 
cifically m such ploclamation each matter concerning which the action 
of that body is deemed necessary. 

123. The Governor shall, from time to time, give the Legisla- 
ture information of the state of the government, and recommend for 
its consideration such measures as he may deem expedient; and at 
the commencement of each regular session of the I^egislature, and at 
the close of his term of office, he shall give information by written 
message of the condition of the State; and he shall account to the 
Ix^gislature, as may be prescribed by law, for all moneys received and 
paid out by him or by his order; and at the commencement of each 
regular session he shall present to the Legislature estimates of the 
amount of money required to be raised by taxation for all purposes. 

124. The Governor shall have power to remit fines and forfeitures 
under such rules and regulations as may be prescribed by law; and, 
after conviction, to grant reprieves, paroles, commutations of sentence 
and pardons, except in cases of impeachment. The Attorney Gen- 
eral, Secretary of State, and State Auditor shall constitute a Board 
of Pardons, who shall meet on the call of the Governor, and before 
whom shall be laid all recommendations or petitions, for pardon, 
commutation or parole, in cases of felonj; and the board shall hear 
them in open session, and give their opinion thereon in writing to the 
Governor, after which or on the failure of the board to advise for 
more than sixty days, the Governor may grant or refuse the commuta- 
tion, parole or pardon, as to him seems best for the public interest. 
He shall communicate to the Legislature at each session every remis- 
sion of fines and forfeitures, and every reprieve, commutation, parole 
or pardon, with his reasons therefor, in the opinions of the Board of 
Pardons in each case required to be referred, stating the name and 
crime of the convict, the sentence, its date, and the date of reprieve, 
commutation, parole or pardon. Pardons in cases of felony and 
other offenses involving moral turpitude shall not relieve from civil 



Alahnmn- 1001 199 

and political disabilities, iinii'ss approved by the Board of Pardons 
and specifically expressed in the pardon. 

125. Every bill which shall have passed both Houses of the Legis- 
lature, except as otherwise provided in this Constitution, shall be 
presented to the Governor; if he approve, he shall sign it; but if not, 
lie shall return it with his objections to the House in which it origi- 
nated, which shall shall enter the objections at large upon the Jour- 
nal and proceed to reconsider it. If the Governor's message proposes 
no amendment which woidd remove his objections to the bill, the 
House in which the bill originated may proceed to reconsider, and if 
a majority of the whole number elected to that House vote for the 
passage of the bill, it shall be sent to the other House, which shall in 
like manner reconsider, and if a majority of the whole number elected 
to that House vote for the passage of the bill, the same shall become 
a law, notwithstanding the Governor's veto. If the (lovernor's mes- 
sage proposes ainendment, which would remove his objections, the 
House to which it is sent may so amend the bill and send it with the 
Governor's- message to the other House, which may adopt but cannot 
amend, said amendment; and both Houses concurring in the amend- 
ment, the bill shall again be sent to the Governor and acted on by him 
as other bills. If the House to which the bill is returned refuses to 
make such amendment, it shall proceed to reconsider; and if a 
majority of the whole number elected to that House shall vote for 
the passage of the bill, it shall be sent with the objections to the other 
House, by which it shall likewise be reconsidered, and if approved by 
a majority of the whole number elected to that House, it shall become 
a law. If the House to which the bill is returned makes the amend- 
ment and the other House declines to pass the same, that House shall 
proceed to reconsider, as though the bill had originated therein, and 
such proceedings shall be taken thereon as above provided. In every 
such case the vote 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 upon the Journals of each House respectivel3\ If 
any bill shall not be returned by the Governor within six days, Sun- 
da3^s excepted, after it shall have been presented, the same shall 
become a law in like manner as if he had signed it, unless the Legis- 
lature, by its adjournment, prevent the return, in which case it shall 
not be a law; but when return is prevented by recess, such bill 
must be returned to the House in which it originated within two days 
after the reassembling, otherwise it shall become a law, but bills 
presented to the Governor Avithin five days before the final adjourn- 
ment of the Legislature may be approved by the Governor at any 
time within ten days after such adjournment, and if approved and 
deposited with the Secretary of State Avithin that time shall become 
law. Every vote, order, or resolution to which concurrence of both 
Houses may be necessary, except on questions of adjournment and 
the bringing on of elections by the two Houses, and amending this 
Constitution, shall be presented to the Governor; and, before the 
same shall take etfect, be approved by him; or, being disapproved, 
shall be repassed by both Houses according to the rules and limita- 
tions prescribed in the case of a bill. 

126. The Governor shall have power to approve or disapprove 
any item or items of any appropriation bill embracing distinct items, 



200 Alabama—WOl 

and the part or parts of the bill approved shall he the law, and the 
item or items disapproved shall Ix' void, unless repassed according to 
the rules and limitations prescribed for the passage of bills over the 
executive veto; and he shall in writing state specifically the item or 
items he disapproves, setting the same out in full in his message, 
but in such case the enrolled bill shall not be returned with the Gov- 
ernor's objection. 

127. In case of the (Governor's removal from office, death or resigna- 
tion, the Lieutenant-Governor shall l)ecome (lovernor. If both the 
Governor and Lieutenant-Governor be removed from office, die, or 
resign more than si.xty days prior to the next general election at which 
any State officers are to be elected, a (lOvernor and Lieutenant-Ciov- 
ernor shall be elected at such election for the unexpired term, and in 
the event of a vacancy in the office, caused by the removal from office, 
death or resignation of the Governor and Lieutenant-Ciovernor, pend- 
ing such vacancy, and until their successors shall be elected and 
qualified, the office of Governor shall be held and administered by 
either the President pro tem of the Senate, Speaker of the House of 
Representatives, Attorney General, State Auditor, Secretary of State, 
or State Treasurer in the order herein named. In case of the im- 
peachment of the Governor, his absence from the State for more than 
twenty days, unsoundness of mind, or other disability, the power 
and authority of the office shall, until the (iovernor is acquitted, 
return to the State, or is restored to his mind, or relieved from other 
disability, devolve in the order herein named upon the Lieutenant- 
Governor, President pro tem of the Senate, Speaker of the House of 
Representatives, Attornev General, State Auditor, Secretary of State 
and State Treasurer. l/any of these officers be under any of the dis- 
abilities herein specified, the office of Governor shall be administered 
in the order named by such of these officers as may \ye free from such 
disabilitv. If the Governor shall be absent from the State over 
twenty days, the Secretary of State shall notify the Lieutenant-Gov- 
ernor, who shall enter upon the duties of Governor ; if both the Gov- 
ernor and Lieutenant-Governor shall be absent from the State over 
twenty days, the Secretary of State shall notify the President pro 
tem of the Senate, who shall enter upon the duties of Governor, and 
so on, in case of such absence, he shall notify each of the other officers 
named in their order, who shall discharge the duties of the office 
until the Governor or other officer entitled to administer the office 
in succession to the Governor returns. If the Governor-elect fails or 
refuses from any cause to qualif}', the Lieutenant-Governor-elect 
shall qualify and exercise the duties of Governor until the Governor- 
elect qualifies; and in the event both the Governor-elect and the 
Lieutenant-Governor-elect from any cause fail to qualify, the Presi- 
dent pro tem of the Senate, the Speaker of the House of Representa- 
tives, the Attorney General, State Auditor, Secretary of State and 
State Treasurer shall in like manner, in the order named, administer 
the office until the Governor-elect or Lieutenant-Governor-elect 
qualifies. 

128. If the Governor or other officer administering the office shall 
appear to be of unsound mind, it shall be the duty of the Supreme 
Court of Alabama, at any regular term, or at any special term, which 
it is hereby authorized to call for that purpose, upon request in writ- 
ing, verified by their affidavits, of any two of the officers named in 



Alabama— 1901 201 

Section 127 of this Constitution, not next ija succession to the office 
of Governor, to ascertain the mental condition of the Governor or 
other officer administering the office, and if he is adjudged to be of 
unsound mind, to so decree, a copy of which decree, duly certified, 
shall be filed in the office of Secretary of State ; and in the event of 
such adjudication it shall be the duty of the officer next in succession 
to perform the duties of the office until the Governor or other officer 
administering the office is restored to his mind. If the incumbent 
denies that the Governor or other person entitled to administer the 
office has been restored to his mind, the Supreme Court, at the instance 
of any officer named in Section 127 of this Constitution, shall ascer- 
tain the truth concerning the same, and if the officer has been restored 
to his mind, shall so adjudge and file a duly certified copy of its decree 
with the Secretary of State; and in the event of such adjudication, 
the office shall be restored to him. The Supreme Court shall prescribe 
the method of taking testimony and the rules of practice in such pro- 
ceedings, which rules shall include a provision for the service of notice 
of such proceedings on the Governor or person acting as Governor. 

129. The Lieutenant-Governor, President pro tem of the Senate, 
Speaker of the House, Attorney General, State Auditor, Secretary of 
State or State Treasurer, while administering the office of Governor, 
shall receive like compensation as that prescribed by law for the Gov- 
ernor, and lio other. 

130. No person shall at the same time hold the office of Governor 
and any other office, civil or military, under this State, or the United 
States, or any other State or government, except as otherwise pro- 
vided in this Constitution. 

131. The Governor shall be commander-in-chief of the militia and 
volunteer forces of this State, except when they shall be called into 
the service of the United States, and he may call out the same to 
execute the laws, suppress insurrection and repel invasion, but need 
not command in person unless directed to do so by resolution of the 
Legislature ; and when acting in the service of the United States, he 
shall appoint his staff, and the Legislature shall fix his rank. 

132. No person shall be eligible to the office of Attorney General, 
State Auditor, Secretar}^ of State, State Treasurer, Superintendent 
of Education, or Commissioner of Agriculture and Industries, unless 
he shall have been a citizen of the United States at least seven years, 
and shall have resided in this State at least five years next preceding 
his election, and shall be at least twenty-five years old when elected. 

133. There shall be a seal of the State which shall be used officially 
by the Governor, and the seal now in use shall continue to be used 
until another shall have been adopted by the Legislature. The seal 
shall be called " The Great Seal of the State of Alabama." 

134. The Secretary of State shall be the custodian of the Great Seal 
of the State, and shall authenticate therewith all official acts of the 
Governor, except his approval of laws, resolutions, appointments to 
office and administrative orders. He shall keep a register of the 
official acts of the Governor, and when necessary, shall attest them, 
and lay copies of same together with copies o^ all papers rehitive 
thereto, before either House of the Legislature when required to do so, 
and shall perform such other duties as may be prescribed by law, 

135. All grants and commissions shall be issued in the name and by 
the authority of the State of Alabama, sealed with the Great Seal of 



202 Alabama— 1901 

the State, signed by the Grovemor and countersigned by the Secretary 
of State. 

13(5. Should the office of Attorney General, State Auditor, Sec- 
retary of State, State Treasurer, Superintendent of Education, or 
Commissioner of Agricidture and Industries Ix'conie vacant from any 
cause the CJovernor shall fill such vacancy until the disability is 
removed or a successor elected and qualified. In case any of said offi- 
cers shall become of unsound mind, such unsoundness shall be ascer- 
tained by the Supreme Court ui)<)n the suggestion of the (i(»vern()r. 

137. The Attorney General, State Auditor, Secretary of State, 
State Treasurer, Superintendent of Education, and Commissioner of 
Agriculture and Industries shall perform such duties as may lie j)re- 
scribed by law. The State Treasurer and State Auditor shall every 
year, at a time fi.xed by the I^egislature, make a full and complete 
report to the Governor, showing the receii)ts and disbursements of 
every character, all claims audited and paid out, by items, and all 
taxes and revenues collected and j)aid into the treasury, and the 
sources thereof. They shall make reports oftener upon any matters 
pertaining to their offices, if required by the Governor or the legisla- 
ture. The Attorney General, State Auditor, Secretary of State, vStatc 
Treasurer, and Commissioner of Agriculture and Industries shall not 
receive to their use any fees, costs, perquisites of office or other com- 
f)ensation than the salaries prescribed by law, and all fees that may 
be payable for any services performed by such officers shall be at once 
paid into the State Treasury. 

138. A Sheriff shall be elected in each county by the qualified elec- 
tors thereof, who shall hold office for a term of four years, unless 
sooner removed, and he shall be ineligible to such office as his own 
successor; provided, that the terms of all Sheriffs expiring in the 
year nineteen hundred and four are hereby extended until the time of 
the expiration of the terms of the other executive officers of this State 
in the year nineteen hundred and seven, unless sooner removed. 
AVhenever any ])risoner is taken from jail, or from the custody of any 
Sheriff' or his deputy, and put to death, or suffers grievous bodily 
harm, owing to the neglect, connivance, cowardice, or other grave 
fault of the Sheriff, such Sheriff' may be impeached under Section 174 
of the Constitution. If the Sheriff be impeached, and thereupon con- 
victed, he shall not be eligible to hold any office in this State during 
the time for which he had been elected or appointed to serve as 
Sheriff. 

Articlk VI 

JUDICIAL DEPART-MENT 

130, The judicial power of the State shall be vested in the Senate 
sitting as a court of impeachment, a Sui)reme Court. Circuit Courts, 
Chancery Courts, Courts of Probate, such courts of law and equity 
inferior to the Supreme Court, and to consist of not more than five 
members, as the legislature from time to time may establish, and 
such persons as may l)e by law invested with powers of a judicial 
nature; but no court of general jurisdiction, at law or in equity, or 
both, shall hereafter l)e established in and for any one county having 



Alabama— 1901 203 

a population of loss than twenty thousand, according to the next pre- 
ceding Federal census, and property assessed for taxation at a less 
valuation than three million five hundred thousand dollars. 

140. Plxcept in cases otherwise directed in this Constitution, the 
Supreme Court 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 pre- 
scribed by law, except where jurisdiction over appeals is vested in 
some inferior court, and made final therein; provided, that the 
Supreme Court shall have power to issue writs of injunction, habeas 
corpus, quo warranto, and such other remedial and original writs as 
may be necessary to give it a general superintendence and control of 
inferior jurisdictions. 

141. The Supreme Court shall be held at the seat of government, 
but if that shall become dangerous from any cause, it may convene 
at or adjourn to another place. 

142. Except as otherwise authorized in this article, the State shall 
be divided into convenient circuits. For each circuit there shall be 
chosen a judge, who shall, for one year next preceding his election 
and during his continuance in office, reside in the circuit for which he 
is elected. 

143. The Circuit Court shall have original jurisdiction in all mat- 
ters civil and criminal Avithin the State not otherwise excepted in this 
Constitution ; but in civil cases, other than suits for libel, slander, 
assault and battery, and ejectment, it shall have no original jurisdic- 
tion except where the matter or sum in controversy exceeds fifty 
dollars. 

144. A Circuit Court, or a court having the jurisdiction of the 
Circuit Court, shall be held in each county in the State at least twice 
in each year, and judges of the several courts mentioned in this sec- 
tion may hold court for each other when they deem it expedient, and 
shall do so when directed by law. The judges of the several courts 
mentioned in this section shall have power to issue writs of injunc- 
tion, returnable to the Court of Chancery, or courts having the juris- 
diction of Courts of Chancery. 

145. The Legislature shall have power to establish a Court or 
Courts of Chancery, with original and appellate jurisdiction, except 
as otherwise authorized in this article. The State shall be divided by 
the Legislature into convenient Chancery divisions; each division 
shall be divided into districts, and for each division there shall be a 
chancellor, who shall have resided in the division for which he shall 
be elected or appointed for one year next preceding his election or 
appointment, and shall reside therein during his continuance in office. 

14G. A Chancery Court, or a court having the jurisdiction of the 
Chancery Court, shall be held in each district, at a place to be fixed 
by law, at least tAvice in each year, and the chancellors may hold court 
for each other when they deem it necessary, and shall do so when 
directed by laAv. 

147. Any county having a population of twenty thousand or more, 
according to the next preceding Federal census, and also taxable 
property of three million five hundred thousand dollars or more in 
value, according to the next preceding assessment of property for 



204 Alabama— 1901 

State and county taxation, need not be included in any circuit or 
chancery division; but if the vahie of its taxable property shall be 
reduced below that limit, or if its population shall be reduced below 
that number, the Legislature shall include such county in a circuit 
and chancery division, or either, embracing more than one county. 
No Circuit or Chancery division shall contain less than three coun- 
ties, unless there be embraced therein a county having a population 
of twentv thousand or more, and taxal)le property of three million 
five hundred thousand dollars or more in value. 

148. The legislature may confer upon the Circuit Court or the 
Chancery Court the jurisdiction of both of said courts. In counties 
having two or more courts of record, the Legislature may provide for 
the consolidation of all or any such courts of record, except the Pro- 
bate Court, with or without separate divisions, and a sufficient number 
of judges for the transaction of the business of such consolidated 
court. 

149. The I^egislature shall have power to establish in each county 
a court of probate, with general jurisdiction of orphan's business and 
with power to grant letters testamentary and administration; pro- 
vided, that whenever any court having equity powers has taken juris- 
diction of the settlement of any estate, it shall have power to do all 
things necessary for the settlement of such estate, including the 
appointment and removal of administrators, executors, guardians and 
trustees, and including action upon the resignation of either of them. 

150. The Justices of the Supreme Court, Chancellors and the 
Judges of the Circuit Courts, and other courts of record, except Pro- 
bate Courts, shall, at stated times, receive for their services a compen- 
sation which shall not be diminished during their official terms; they 
shall receive no fees or perquisites, nor hold any office, except judicial 
officas, of profit or trust under this State or the United States, or any 
other government during the time for which they have been elected 
or appointed. 

151. The Supreme Court shall consist of one Chief Justice, and 
such number of Associate Justices as may be prescribed by law. 

152. The Chief Justice and Associate Justices of tne Supreme 
Court, Judges of the Circuit Courts, Judges of the Probate Courts, 
and Chancellors shall be elected by the qualified electors of the State, 
circuits, counties and chancery divisions, for which such courts may 
be established, at such times as may be prescribed by law, except as 
herein otherwise provided. 

153. The Judges of such inferior courts of law and equity as may 
be by law established, shall be elected or appointed in such mode as 
the Legislature may prescribe. 

154. Chancellors and Judges of all courts of record shall have been 
citizens of the United States and of this State for five years next pre- 
ceding their election or appointment, and shall not be less than 
twenty-five years of age, and, except Judges of Probate, shall be 
learned in the law. 

155. Except as otherwise provided in this article, the Chief Justice 
and Associate Justices of the Supreme Court, Circuit Judges, Chan- 
cellors, and Judges of Probate, shall hold office for the term of six 
years, and until their successors are elected or appointed and qualified; 
and the right of such Judges and Chancellors to hold their offices for 
the full term hereby prescribed shall not be affected by any change 



Alabama— 1901 205 

hereafter made by law in any circuit, division, or county, or in the 
mode of time of election. 

150. The Chief Justice and Associate Justices of the Supreme 
Court shall be choses at an election to be held at the time and places 
fixed by law for the election of members of the House of Repre- 
sentatives of the Congress of the United States, until the Legislature 
shall by law change the time of holding such election. The term of 
office of the Chief Justice, who shall be elected in the year nineteen 
hundred and four, shall be as provided in the last preceding section. 
The successors of two of the Associate Justices elected in the year 
nineteen hundred and four shall be elected in the year nineteen 
hundred and six, and the successors of the other two Associate Justices 
elected in nineteen hundred and four, shall be elected in the year 
nineteen hundred and eight. The Associate Justices of said court 
elected in the year nineteen hundred and four shall draw or cast lots 
among themselves to determine which of them shall hold office for the 
terms ending, respectively, in the years nineteen hundred and six and 
nineteen hundred and eight, and until their respective successors are 
elected or appointed and qualified. The result of such determination 
shall be certified to the Governor by such Associate Justices, or a 
majority of them, prior to the first day of January, nineteen hundred 
and five, and such certificate shall be entered upon the minutes of 
the court. In the event of the failure of said Associate Justices to 
make and certify such determination, the (Jovernor shall designate 
the terms for which they shall respectively hold office, as above pro- 
vided, and shall issue his proclamation accordingly. In the event of 
an increase or reduction by law of the number of Associate Justices 
of the Supreme Court, the Legislature shall, as nearly as may be, 
provide for the election each second year, of one-third of the members 
of said court. 

157. All judicial officers within their respective jurisdictions shall, 
by virtue of their offices, be conservators of the peace. 

158. Vacancies in the office of any of the Justices of the Supreme 
Court or Judges who hold office by election, or Chancellors of this 
State, shall be filled by appointment by the Governor. The appointee 
shall hold his office until the next general election for any State 
officer held at least six months after the vacancy occurs, and until 
his successor is elected and qualified; the successor chosen at such 
election shall hold office for the unexpired term and until his successor 
is elected and qualified. 

159. Whenever any new circuit or chancery division is created, the 
Judge or Chancellor therefor shall be elected at the next general 
election for any State officer for a term to expire at the next general 
election for Circuit Judge and Chancellor; provided, that if said 
new circuit or chancery division is created more than six months 
before such general election for any State officer, the Governor -shall 
appoint some one as Judge or Chancellor, as the case may be, to hold 
the office until such election. 

160. If in any case, civil or criminal, pending in any Circuit Court, 
Chancery Court, or hi any court of general jurisdiction having any 
part of the jurisdiction of a Circuit and a Chancery Court, or either 
of them in this State, the presiding judge or chancellor shall, for any 
legal cause, be incompetent to try, hear or render judgment in such 
case, the parties, or their attorneys of record, if it be a civil case, or 

7251— VOL 1— 07 16 



206 Alahaina—1901 

the solicitor or prosecuting: officer, and the defendant or defendants, if 
it be a criminal case, may a<?ree upon some disinterested person prac- 
ticing in the court and learned in the law, to act as special judge or 
chancellor to sit as a court, and to hear, decide and render judgment 
in the same manner and to the same effect as such incompetent Chan- 
cellor or Judge could have rendered but for such incompetency. If 
the case be a civil one, and the parties or their attorneys of record do 
not agree; or if it be a criminal one, and the prosecuting officer and 
the defendant or defendants do not agree upon a special judge or 
chancellor, or if either party in a civil cause is not represented in 
court, the Register in Chancery or the clerk of such Circuit or other 
court in which said cause is pending, shall appoint a special judge or 
chancellor, who shall preside, try and render judgment as in this 
section provided. The legislature may prescribe other methods for 
supplying special judges in such cases. 

ir»l. The legislature shall have power to provide for the holding 
of Chancery and Circuit Courts, and for the holding of courts having 
the jurisdiction of Circuit and Chancery Courts, or either of them, 
when the Chancellors or Judges thereof fail to attend regular terms. 

102. No Judge of any court of record in this State shall practice 
law in any of the courts of this State, or of the United States. 

1()8. Registers in Chancery shall be appointed by the Chancellors 
of the respective divisions, and shall have been at least twelve months 
before their appointment, and shall be at the time of their appoint- 
ment and during their continuance in office, resident citizens of the 
district for which they are appointed. They shall hold office for the 
term for which the Chancellor making such appointment was elected 
or appointed. Such registers shall receive as compensation for their 
services only such fees and commissions as may l)e specifically pre- 
scribed by law, which fees shall be uniform throughout the State. 

164. The clerk of the Supreme Court shall be appointed by the 
Judges thereof, and shall hold office for the term of six years; and the 
clerks of such inferior courts as may lie established by law shall be 
selected in such manner as the legislature may provide, 

165. Clerks of the Circuit Court shall be elected by the qualified 
electors in each county for the term of six years, and may, when 
appointed by the Chancellor, also fill the office of Register in Chan- 
cery. Vacancies in such office of clerk shall be filled by the Judge of 
the Circuit Court for the unexpired term. 

166. The clerk of the Supreme Court and Registers in Chancery 
may l)e removed from office by the Justices of the Supreme Court, and 
by the Chancellors, respectively, for cause, to be entered at length 
upon the minutes of the court. 

167. A Solicitor for each judicial circuit or other territorial sub- 
division prescribed by the legislature, shall l)e elected by the qualified 
electors of those counties in such circuit or other territorial subdivi- 
sion in which such Solicitor prosecutes criminal cases, and such 
Solicitor shall be learned in the law, and shall at the time of his elec- 
tion and during his continuance in office, reside in a county (in the 
circuit) in which he prosecutes criminal cases, or other territorial sub- 
divisi(m for which he is elected, and his term of office shall be four 
j'eai's, and he shall receive no other comj^ensation than a salary, to be 
prescril)ed by law, which shall not l>e increased during the term for 
which he was elected ; provided, that this article shall not operate to 



Alabama— 1901 207 

abridge the term of any Solicitor now in office; and, provided fur- 
ther, that the Solicitor elected in the year nineteen hundred and four 
shall hold office for six years, and until their successors are elected 
and qualified; and provided further, that the Legislature may pro- 
vide by law for the appointment by the Governor or the election by 
the qualified electors of a county for a Solicitor for any county. 

1()8. In each precinct not lying within, or partly within, any city 
or incorporated town of more than fifteen hundred inhabitants, there 
shall be elected by the qualified electors of such precinct not exceed- 
ing two Justices of the Peace, and one Constable. AVhere one or 
more precincts lie within, or partly within, a city or incorporated 
town having more than fifteen hundred inhabitants, the Legislature 
may provide by law for the election of not more than two Justices of 
the Peace and one Constable, for each of such precincts, or an infe- 
rior court for such precinct or precincts, in lieu of all Justices of the 
Peace therein. Justices of the Peace, and the inferior courts in this 
section provided for, shall have jurisdiction in all civil cases where 
the amount in controversy does not exceed one hundred dollars, 
except in cases of libel, slander, assault and battery and ejectment. 
The Legislature may provide by law^ w^hat fees may be charged by 
Justices of the Peace and Constables, which fees shall be uniform 
throughout the State. The right of appeal from any judgment of a 
Justice of the Peace, or from any inferior court authorized by this 
section, Avithout the prepayment of costs, and also the term of office 
of such Justices, and of the Judges of such inferior courts, and of 
Notaries Public, shall be provided for by law. The Governor may 
appoint Notaries Public without the powers of a Justice of the 
Peace, and may, except -where otherwise provided by an act of the 
Legislature, appoint not more than one Notary Public with all of the 
powers and jurisdiction of a Justice of the Peace for each precinct in 
which the election of Justices of the Peace shall be authorized. 

169. In all prosecutions for rape and assault with intent to ravish, 
the court may, in its discretion, exclude from the court room all per- 
sons, except such as may be necessary in the conduct of the trial. 

170. The style of all processes shall be " The State of Alabama," 
and all prosecutions shall be carried on in the name and by the 
authority of the same, and shall conclude "Against the peace and 
dignity of the State." 

171. The Legislature shall have the power to abolish any court, 
except the Supreme Court and the Probate Courts, whenever its 
jurisdiction and functions have been conferred upon some other 
court. 

172. Nothing in this article shall be so construed as to abridge the 
term of office of any officer noAv in office. 

Article VII 

IMPEACHMENTS 

173. The Governor. Lieutenant-Governor, Attorney General, State 
Auditor. Secretary of State. State Treasurer, Superintendent of 
Education. Commissioner of Agriculture and Industries, and Jus- 
tices of the Supreme Court may be removed from office for wilful 
neglect of duty, corruption in office, incompetency, or intemprance 



208 Alabama— 1901 

in the use of inl()xicatiii«>: liijiiois or narcotics to such an extent, in 
view of the dignity of the office and importance of its duties, as 
unfits the officer for the discharge of such duties, or for any offense 
involving moral turpitude while in office, or committed under color 
thereof, or connected therewith, by the Senate sitting as a court of 
impeachment, under oath or affirmation, on articles or charges pre- 
ferred by the House of Kepi-esentatives. When the Governor or 
Lieutenant-(iovernor is impeached, the Chief Justice, or if he be 
absent or distjualified, then one of the Associate Justices of the 
Supreme Court, to 1k' selected by it, shall preside over the Senate 
Avhen sitting as a court of impeachment. If at any time when the 
I-/egislature is not in session, a majority of all the members elected 
to the House of Representatives shall certify in writing to the 
Secretary of State their desire to meet to consider the impeachment 
of the Governor, Lieutenant-Governor, or other officer administer- 
ing the office of Governor, it shall be the duty of the Secretary of 
State innnediately to notify the Speaker of the House, who shall, 
within ten days after receipt of such notice, summon the members of 
the House by publication in some newspaper published at the Capital 
to assemble at the Capitol on a day to be fixed by the Speaker, not 
later than fifteen days after the receipt of the notice to him from the 
Secretary of State, to consider the impeachment of the Governor, 
Lieutenant-Governor or other officer administering the office of 
Governor. If the House of Representatives prefer articles of im- 

1)eachment, the Speaker of the House shall forthwith notify the 
jieutenant-Cjovernor, unless he be the officer impeached, in which 
event he shall notify the Secretary of State, who shall suunnon in 
the manner herein above provided for, the members of the Senate to 
assemble at the Capitol on a day to be named in said summons, not 
later than ten days after receipt of the notice from the Speaker of 
the House, for the purpose of organizing as a court of impeachment. 
The Senate, when thus organized, shall hear and try such articles of 
impeachment against the Governor, Lieutenant-Ciovernor or other 
officer administering the office of (iovernor, as may be preferred by 
the House of Representatives. 

174. The Chancellors, Judges of the Circuit Courts, Judges of 
the Probate Courts, and Judges of other courts from which an 
appeal may be taken directly to the Supreme Court, and Solicitors 
and Sheriffs, may be removed from office for any of the causes 
specified in the preceding section or elsewhere in this Constitution, 
by the Supreme Court, under such regulations as may be prescribed 
by law. The Legislature may provide for the impeachment or 
removal of other officers than those named in this article. 

175. The clerks of the Circuit Courts, or courts of like jurisdic- 
tion, and of Criminal Courts, Tax Collectors, Tax Assessors, County 
Treasurers, County Superintendents of Education, Judges of inferior 
courts created under authority of Section 168 of this Constitution, 
Coroners, Justices of the Peace, Notaries Public, Constables, and all 
other county officers, Mayors, Intendants and all other officers of 
incorjX)rated cities and towns in this State, may be removed from 
office for any of the causes specified in Section 178 of this Constitu- 
tion, by the Circuit or other courts of like jurisdiction or a Criminal 
Court of the county in which such officei-s hold their office, under 



Alabama— 1901 209 

such regulations as may be i)rescrib(Hl by law ; provided, that the 
right of trial by jury and appeal in such cases shall be secured. 

176. The penalties in cases arising under the three preceding sec- 
tions shall not extend beyond removal from office, and disqualifica- 
tions from holding office, under the authority of this State, for the 
term for which the officer was elected or appointed ; but the accused 
shall be liable to indictment and punishment as prescribed by law. 

Article VIII 
suffra(;e and elections 

177. Every male citizen of this State, who is a citizen of the 
United States, and every male resident of foreign birth, wdio, before 
the ratification of this Constitution, shall have legally declared his 
intention to become a citizen of the United States, twenty-one years 
old or upward, not laboring under any of the disabilities named in 
this article, and possessing the qualifications required by it, shall be 
an elector, and shall be entitled to vote at anv election by the people; 
provided, that all foreigners who have legally declared their inten- 
tion of becoming citizens of the United States, shall, if they fail 
to become citizens thereof at the time they are entitled to become 
such, cease to have the right to vote until they become such citizens. 

178. To entitle a person to vote at any election by the people, he 
shall have resided in the State at least two years, in the county one 
year, and in the precinct or ward three months, immediately preced- 
ing the election at which he offers to vote, and he shall have been 
duly registered as an elector, and shall have paid on or before the 
first day of February next preceding the date of the election at which 
he offers to vote, all poll taxes due from him for the year nineteen 
hundred and one, and for each subsequent year; provided, that any 
elector who, within three months next preceding the date of the elec- 
tion at which he offers to vote, has removed from one precinct or 
ward to another precinct or ward in the same county, incorporated 
town or city, shall have the right to vote in the precinct or ward from 
which he has so removed, if he would have been entitled to vote in 
such precinct or ward but for such removal. 

179. All elections by the people shall be by ballot, and all elections 
by persons in a representative capacity shall be viva voce. 

180. The following male citizens or this State, who are citizens of 
the United States, and every male resident of foreign birth, who, 
before the ratification of this Constitution, shall have legally de- 
clared his intention to become a citizen of the United States, and who 
shall not have had an opportunity to perfect his citizenship prior to 
the twentieth day of December, nineteen hundred and two, twenty- 
one years old or upwards, who, if their place of residence shall remain 
unchanged, will have, at the date of the next general election the 
qualifications as to residence prescribed in Section l78 of this Con- 
stitution, and Avho are not disqualified under Section 182 of this Con- 
stitution, shall, upon application be entitled to register as electors 
prior to the twentieth day of December, nineteen hundred and two, 
namely : 



210 Alabama— 1901 

First — All who have honorably served in the land or naval forces 
of the Tnited States in tlio war of 1812, or in the war with Mexico, 
or in any war with the Indians, or in the war between the States, or 
in the war with Spain, or who honorably served in the land or naval 
forces of the Confederate States, or of the State of Alabama in the 
war between the States ; or, 

Second — The lawful descendants of persons who honorably served 
in the land or naval forces of the United States in the war of the 
American Revolution, or in the war of 1812, or in the war with 
Mexico, or in any war with the Indians, or in the war between the 
States, or in the land or naval forces of the Confederate States, or of 
the State of Alabama in the war l)etween the States; or. 

Third — All persons who are of <jood character and who understand 
the duties and obligations of citizenship under a republican form of 
government. 

181. After the first day of January, nineteen hundred and three, 
the following persons, and no others, who, if their place of residence 
shall remain unchanged, will have, at the date of the next general 
election, the qualifications as to residence prescribed in Section 178 
of this Constitution, shall be qualified to register as electors, pi-o- 
vided, they shall not be disqualified under Section 182 of this 
Constitution. 

First — Those who can read and write any article of the Constitution 
of the United States in the English language, and who are physicallj' 
unable to work; and those who can read and write any article of the 
Constitution of the United States in the English language, and who 
have worked or been regularly engaged in some lawful employment, 
business or occupation, trade or calling for the greater part of the 
twelve months next preceding the time they offer to register; and 
those who are unable to read and write, if such inability is due solely 
to physical disability : or. 

Second — The owner in good faith, in his own right, or the husband 
of a woman who is the owner in good faith, in her own right, of forty 
acres of land situate in this State, upon which they reside; or the 
owner in good faith, in his own right, or the husband of any woman 
who is the owner in good faith, in her own right, of real estate, 
situate in this State, assessed for taxation at the value of three hun- 
dred dollars or more, or the owner in good faith, in his own right, 
or the husband of a woman who is the owner in good faith, in her 
own right, of personal property in this State assessed for taxation 
at three hundred dollars or more ; provided, that the taxes due upon 
such real or jwrsonal ])roperty for the year next preceding the year 
in which he offers to register shall have been paid, unless the assess- 
ment shall have been legally contested and is undetermined. 

182. The following persons shall be disqualified both from register- 
ing and from voting, namely: 

All idiots and insane persons; those who shall bv reason of con- 
viction of crime l)e disqualified from voting at the time of the ratifi- 
cation of this Constitution : those who shall be convicted of treason, 
murder, arson, embezzlement, malfeasance in office, larceny, receiving 
stolen property, obtaining property or money under false pretenses, 
perjury, subordination of perjury, robbery, assault with intent to rob, 
burglary, forgery, bril>ery, assault and battery on the wife, bigamy, 
living in adultery, sodomy, incest, rape, miscegenation, crime against 



Alabama— 1901 211 

nature, or any crime punishable by imprisonment in the penitentiary, 
or of any infamous crime or crime involving moral turpitucle; also 
any person who shall be convicted as a vagrant or tramp, or of 
selling or offering to sell his vote or the vote of another, or of mak- 
ing or offering to make false return in any election by the people or 
in any primary election to procure the nomination or election of any 
person to any office, or of suborning any Avitness or registrar to secure 
the registration of any person as an elector. 

188. No person shall be qualified to vote or participate in any pri- 
mary election, party convention, mass meeting or other method of 
party action of any political party or faction, who shall not possess 
the qualifications ])rescribed in this article for an elector, or who 
shall be disqualified from voting under the provisions of this article. 

184. No person, not registered and qualified as an elector under 
the provisions of this article, shall vote at the general election in 
nineteen hundred and two, or at any subsequent State, county, or 
municipal election, general, local or special ; but the provisions of 
this article shall not apply to any election held prior to the general 
election in the j-ear nineteen hundred and two. 

185. Any elector whose right to vote shall be challenged for any 
legal cause before an election officer, shall be required to swear or 
affirm that the matter of the challenge is untrue before his vote shall 
be received, and any one who Avillfully swears or affirms falsely 
thereto shall be guilty of perjury, and upon conviction thereof shall 
be imprisoned in the penitentiary for not less than one nor more than 
five years. 

186. The Legislature shall provide by law for the registration, 
after the first day of January, nineteen hundred and three, of all 
qualified electors. Until the first day of January, nineteen hundred 
and three, all electors shall be registered under and in accordance 
with the requirements of this section, as follows : 

First — Registration shall be conducted in each county by a board 
of three reputable and suitable persons resident in the county, who 
shall not hold any elective office during their term, to be appointed 
within sixty days after the ratification of this Constitution, by the 
Governor, Auditor and Commissioner of Agriculture and Industries, 
or by a majority of them, acting as a board of appointment. If one or 
more of the persons appointed on such board of registration shall 
refuse, neglect, or be unable to qualify or serve, or if a vacancy or 
vacancies occur in the membership of the board of registrars from any 
cause, the Governor, Auditor and Commissioner of Agriculture and 
Industries, or a majority of them, acting as a board of appointment, 
shall make other appointments to fill such board. Each registrar 
shall receive two dollars per day, to be paid by the State, and dis- 
bursed by the several Judges of Probate, for each entire day's attend- 
ance upon the sessions of the board. Before entering upon the per- 
formance of the duties of his office, each registrar shall take the same 
oath required of the judicial officers of the State, which oath may 
be administered by any person authorized by law to administer oaths, 
the oath shall be in writing and subscribed by the registrar, and filed 
in the office of the Judge of Probate of the county. 

Second— Prior to the first day of August, nineteen hundred and 
two, the Board of Registrars in each county shall visit each precinct 
at least once, and oftener, if necessary to make a complete registration 



212 Alabmm— 1.901 

of all persons entitled to register, and shall remain theie at least one 
dav froln eij?ht o'clock in the iiiornin«j: until sunset. Thev shall give 
at least twenty days* notice of the time when, and the ])lacc in the i)re- 
cinct where, they will attend to register applicants for registration, 
by hills posted at five or more public places in each election precinct, 
and by advertisement once a week for three successive weeks in a 
newspaper, if there be one pul)lished in the county. Upon failur to 
give such notice, or to attend any appointment uuide by them in any 
precinct, they shall, after like notice, fill new appointments therein; 
but the time consumed by the board in completnig such registration 
shall not exceed sixty working days in any county, except that in 
counties of more than nine hundred s(}uare miles in area, such board 
may consume seventy-five working days in completing the registra- 
tion, and except that in counties in which there is any city or eight 
thousand or more inhabitants, the board may remain in session, in 
addition to the time hereinbefore prescribed, for not more than three 
successive weeks in each of such cities; and thereafter the board may 
sit from time to time in each of such cities not more than one week in 
each month, and except that in the county of Jefferson the board may 
hold an additional session of not exceeding five consecutive days 
duration for each session, in each town or city of more than one 
thousand and less than eight thousand inhabitants. No person shall 
be registered except at the county site or in the precinct in which he 
resides. The registrars shall issue to each person registered a certifi- 
cate of registration. 

Third — The Board of Registrars shall not register any person 
between the first day of August, nineteen hundred and two, and the 
Friday next preceding the day of election in November, nineteen 
hundred and two. On Friday and Saturday next preceding the day 
of election in November, nineteen hundred and two, they shall sit in 
the court house of each count}^ during such days, and shall register all 
applicants having the qualifications prescribed by Section 180 of this 
Constitution, and not disqualified under Section 182, who shall have 
reached the age of twenty-one years after the first day of August, 
nineteen hundred and two, or who shall prove to the reasonable satis- 
faction of the board that, by reason of physical disability or unavoid- 
able absence from the county, they had no opportunity to register 
prior to the first day of August, nineteen hundred and two, and they 
shall not on such days register any other persons. AVhen there are 
two or more court houses in a county, the registrars may sit during 
such two days at the court house they may select, but shall give ten 
days' notice, by bills posted at each of the court houses, designating 
the court house at which they will sit. 

Fourth — The Board of Registrars shall hold sessions at the court 
house of their respective counties during the entire third week in 
November, nineteen hundred and two, and for six working days next 
prior to the twentieth day of December, nineteen hundred and two, 
during which sessions they shall register all persons applying who 
possess the qualifications prescrilx'd in Section 180 of this Constitu- 
tion, and who shall not W disqualified under Section 182. In counties 
where there are more than two court houses the Board of Regis- 
trars shall divide the time equally between them. The Board of 
Registrars shall give notice of the time and place of such sessions 



Alabama— 1901 213 

by posting notices at each court house in their respective counties, and 
at each voting phice and at three other public places in the county, 
and by j)ublication once a week for t"\vo consecutive weeks in a news- 
paper, if one be published in the county; such notices to be posted 
and such i)ublications to be connnenced as early as practicable in the 
first Aveek of November, nineteen hundred and two. Failure on the 
part of the registrars to conform to the provisions of this article as 
to the giving of the required notices shall not invalidate any registra- 
tion made by them. 

Fifth — The Board of Registrars shall have power to examine, under 
oath or affirmation, all applicants for registration, and to take testi- 
mony touching the qualifications of such applicants. P^ach member 
of such board is authorized to administer the oath to be taken by the 
applicants and witnesses, which shall be in the following form, and 
subscribed by the person making it, and preserved by the board, 
namely: " I solemnly swear (or affirm) that in the matter of the ap- 
plication of for registration as an elector, I will speak 

the truth, the whole truth, and nothing but the truth, so help me 
God." Any person Avho upon such examination makes any wilfully 
false statement in reference to any material matter touching the quali- 
fication of any applicant for registration, shall be guilty of perjury, 
and upon conviction thereof, shall be imprisoned in the penitentiary 
for not less than one nor more than five years. 

Sixth — The action of the majority of the Board of Registrars shall 
be the action of the board and a majority of the board shall constitute 
a quorum for the transaction of all business. Any person to whom 
registration is denied shall have the right of appeal, wdthout giving 
security for costs, wathin thirty days after such denial, by filing a 
petition in the Circuit Court or court of like jurisdiction held for the 
county in which he seeks to register, to have his qualifications as an 
elector determined. Upon the filing of the petition the clerk of the 
court shall give notice thereof to any Solicitor authorized to represent 
the State in said county, whose duty it shall be to appear and defend 
against the petition on behalf of the State. Upon such trial the 
court shall charge the jury only as to what constitutes the qualifica- 
tions that entitle the applicant to become an elector at the time he 
applied for registration, and the jury shall determine the weight and 
effect of the evidence and return a verdict. From the judgment ren- 
dered an appeal will lie to the Supreme Court in favor of the peti- 
tioner, to. be taken wnthin thirty days. Final judgment in favor of 
the petitioner shall entitle him to registration as of the date of his 
application to the registrars. 

Seventh — The Secretary of State shall, at the expense of the State, 
have prepared and shall furnish to the registrars and judges of pro- 
bate of the several counties a sufficient number of registration books 
and of blank forms of the oath, certificates of registration and notices 
required to be given by the registrars. The cost of the publication in 
newspapers of the notices required to be given by the registrars shall 
be paid by the State, the bills therefor to be rendered to the Secretary 
of State and approved by him. 

Eighth — Any person who registers for another, or who registers 
more than once, and any registrar who enters the name of any person 
on the list of registered voters, without such person having made 



214 Ahhania— 1.901 

application in person under oath on a form ])rovi(Jed for that purpose, 
or who knowinfj;ly rog^isters any jKn'son more than once, or who know- 
ingly enters a nanu* upon the registration list as the name of a voter, 
without any one of that name apj)lying to register, shall be guilty of 
a felony, and upon conviction thereof shall be imprisoned in the peni- 
tentiary for not less than one nor more than five years. 

187. The Hoard of Registrars in each county slnill, on or Ik* fore the 
first day of February, nineteen hundred and three, or as s(K)n there- 
after as ])racticable, file in the office of the Judge of Probate in their 
county, a complete list, sworn to by them, of all persons registered in 
their county, showing the age of such persons so registered, with the 
precinct or ward in which each of such persons resides set o|)posite the 
name of such person, and shall also file a like list in the office of the 
Secretary of State. The Judge of Probate shall, on or before the 
first day of March, nineteen hundred and three, or as soon thereafter 
as practicable, cause to be made from such list in duplicate, in the 
books furnished by the Secretary of State, an alphabetical list by pre- 
cincts of the persons shown by the list of registrars to have been reg- 
istered in the county, and shall file one of such alphabetical lists in 
the office of the Secretary of State : for which services by tlie Judges 
of Probate compensation shall be provided by the Ix^gislature. The 
Judges of Probate shall keep both the original list filed by the regis- 
trars and the alphabetical list made therefrom as records in the office 
of the Judge of Probate of the county. Unless he shall become dis- 
qualified under the provisions of this article, any one who shall regis- 
ter prior to the first day of January, nineteen hundred and three, shall 
remain an elector during life, and shall not be required to register 
again unless he changes his residence, in which event he may register 
again on production of his certificate. The certificate of the regis- 
trars or of the Judge of Probate or of the Secretary of State shall be 
sufficient evidence to establish the fact of such life registration. Such 
certificate shall be issued free of charge to the elector, and the I^egis- 
lature shall provide by law for the renewal of such certificate when 
lost, mutilated or- destroyed. 

188. From and after the first day of January, nineteen hundred 
and three, any applicant for registration may he required to state 
under oath, to be administered by the registrar or by any person 
authorized by law to administer oaths, where he lived during the five 
years next preceding the time at which he applies to register, and the 
name or names by which he Avas known during that period, and the 
name of his employer or employers, if any, during such period. Any 
applicant for registration who refuses to state such facts, or any of 
them, shall not be entitled to register, and any person so offering to 
register, who wilfully makes a false statement in regard to such mat- 
ters, or any of them, shall be guilty of perjury, and upon conviction 
thereof shall be im])risoned in the penitentiary for not less than one 
nor more than five years. 

180. In the trial of any contested election, and in proceedings to 
investigate any election, and in criminal prosecutions for violations 
of the election laws, no person other than a defendant in such criminal 
prosecutions shall be allowed to withhold his testimony on the ground 



Alabama— 1,901 215 

that lie may criminate liimself or subject himself to ])iil)lic infamy; 
hut such person shall not be prosecuted for any ott'ense arisinj^ out of 
the transactions concerning which he testified, but may be prosecuted 
for perjury connnitted on such examination. 

190. The Legislature shall pass laws not inconsistent with this 
Constitution to regulate and govern elections, and all such laws shall 
be uniform throughout the State; and shall provide by law for the 
manner of holding elections and of ascertaining the result of the 
same, and shall provide general registration laws not inconsistent 
with the provisions of this article, for the registration of all qualified 
electors from and after the first day of January, nineteen hundred 
and three. The Legislature shall also make* provision b\^ law, not 
inconsistent with this article, for the regulation of primary elections, 
and for punishing frauds at the same, but shall not make primary 
elections compulsory. The Legislature shall by law provide for 
l^urging the registration list of the names of those who die, become 
insane, or convicted of crime, or otherwise disqualified as electors 
under the provisions of this Constitution, and of any names Avhich 
may have been fraudulently entered on such list by the registrars; 
provided, that a trial by jury may be had on the demand of any 
person whose name is j^roposed to be stricken from the list. 

191. It shall be the duty of the Legislature to pass adequate laws 
giving protection against the evils arising from the use of intoxicat- 
ing liquors at all elections. 

192. Electors shall in all cases, except treason, felony or breach of 
the peace, be privileged from arrest during their attendance at elec- 
tions, or while going to or returning therefrom. 

193. Returns of elections for members of the Legislature and for 
all civil officers who are to be commissioned by the Governor, except 
the Attorney General, State Auditor, Secretary of State, State Treas- 
urer, Superintendent of Education, and Commissioner of Agriculture 
and Industries, shall be made to the Secretary of State. 

194. The poll tax mentioned in this article shall be one dollar and 
fifty cents upon each male inhabitant of the State, over the age of 
twenty-one years, and under the age of forty-five years, who would 
not now be exempt by law ; but the Legislature is authorized to in- 
crease the maximum age fixed in this section to not more than sixty 
years. Such poll tax shall become due and payable on the first day 
of October in each year, and become delinquent on the first day of 
the next succeeding February, but no legal process, nor any fee or 
commission shall be allowed for the collection thereof. The Tax Col- 
lector shall make returns of poll tax collections separate from other 
collections. 

195. Any person who shall pay the poll tax of another, or advance 
him money for that purpose in order to influence his vote, shall be 
guilty of bribery, and upon conviction therefor shall be imprisoned 
in the penitentiary for not less than one nor more than five years. 

196. If any section or subdivision of this article shall for any rea- 
son be, or be held by any court of competent jurisdiction and of final 
resort to be, invalid, inoperative or void, the residue of this article 
shall not be therebv invalidated or affected. 



216 AJahama—1901 

Aktici.k IX 

KKPKESKNTATION 

197. The whole number of Senators shall be not less than one- 
fourth, or more than one-third of the whole number of Represent- 
atives. 

198. The House of Representatives shall consist of not more than 
one hundred and five members unless new counties shall be created, in 
which event each new county shall be entitled to one Representative. 
The memlH'rs of the House of Rej)resentatives shall be apportioned by 
the Ijc^islature among the several counties of the State, according to 
the number of inhabitants in them respectivelv, as ascertained by the 
decennial census of the United States, which apportionment when 
made shall not be subject to alteration until the next session of the 
Legislature after the next decennial census of the United States shall 
have been taken. 

199. It shall be the duty of the Legislature at its first session after 
the taking of the decennial census of the United States in the year 
nineteen hundred and ten, and after each subsequent decennial cen- 
sus, to fix by law the number of Representatives, and apportion them 
amon^ the several counties of the State, according to the number of 
inhabitants in them respectively ; provided, that each county shall 
be entitled to at least one Representative. 

200. It shall he the duty of the I^egislature at its first session after 
taking the decennial census of the United States in the year nineteen 
hundred and ten, and after each subsequent decennial census, to fix 
by law the number of Senators and to divide the State into as many 
Senatorial districts as there are Senators, which districts shall be as 
nearly equal to each other in the number of inhabitants as may be, 
and each shall be entitled to one Senator, and no more; and such dis- 
tricts when formed, shall not be changed until the next apportion- 
ing session of the legislature, after the next decennial census of the 
United States shall have been taken; provided, that counties created 
after the next preceding apportioning session of the legislature may 
be attached to Senatorial districts. No county shall be divided 
between two districts, and no district shall be made up of two or more 
counties not contiguous to each other. 

201. Should any decennial census of the United States not be taken, 
or if when taken, the same, as to this State, be not full and satisfac- 
tory, the Legislature shall have power at its first session after the 
time shall have elapsed for the taking of sjiid census, to provide for 
an enumeration of all the inhabitants of this State, upon which it 
shall be the duty of the Legislature to make the apportionment of 
Representatives and Senators as provided for in this article. 

202. Until the Legislature shall make an apportionment of Repre- 
sentatives among the several counties, as provided in the preceding 
section, the counties of Autauga. Baldwin, Bibl), Blount, Cherokee, 
Chilton, Choctaw, Clay, Cleburne, Coffee, Colbert, Conecuh, Coosa, 
Covington, Crenshow, Cullman, Dale, DeKalb. Escambia, Fayette, 
Franklin, Geneva, Greene, Lamar, Lawrence. Limestone, Macon, 
Marion, Marshall, Monroe, Pickens, Randolph. St. Clair, Shelby, 
Washington, and Winston, shall each have one Representative; the 
counties of Barbour. Bullock, Butler, Calhoun, Chambers, Clarke, 



Alabama — 1901 217 

Elmore, P^towah, Hale, Henry, Jackson, Lauderdale, Lee, Lowndes, 
Madison, Marengo, Morgan, Perry, Pike, Russell, Sumter, Talladega, 
Tallapoosa, Tuscaloosa, Walker, and Wilcox, shall each have two 
Representatives; the counties of Dallas and Mobile shall each have 
three Representatives; the county of Montgomerv shall have four 
Representatives; and the county of Jefferson shall have seven- Rep- 
resentatives. 

203. Until the Legislature shall divide the State into Senatorial 
districts, as herein provided, the Senatorial districts shall be as 
follows : 

First district, Lauderdale and Limestone; Second district, Law- 
rence and Morgan; Third district, Blount, Cullman, and Winston; 
Fourth district, Madison; Fifth district, Jackson and Marshall; 
Sixth district, Etowah and St. Clair; Seventh district, Calhoun; 
Eighth district, Talladega ; Ninth district. Chambers and Randolph ; 
Tenth district. Tallapoosa and Elmore; Eleventh district, Tusca- 
loosa; Twelfth district, Fayette, Lamar and Walker; Thirteenth dis- 
trict, Jefferson ; Fourteenth district, Pickens and Sumter; Fifteenth 
district, Autauga, Chilton and Shelby; Sixteenth district, Lowndes; 
Seventeenth district, Butler, Conecuh and Covington; Eighteenth 
district, Bibb and Perry; Nineteenth district, Choctaw, Clarke, and 
Washington; Twentieth district, Marengo; Twenty-first district, 
Baldwin, Escambia and Monroe; Twenty-second district, Wilcox; 
Twenty-third district. Dale and Geneva ; Twenty-fourth district, 
Barbour; Twenty-fifth district. Coffee, Crenshaw^ and Pike; Twenty- 
sixth district, Bullock and Macon ; Tw^enty-seventh district, Lee and 
Russell; Twenty-eighth district, Montgomery; Tw^enty-nineth dis- 
trict, Cherokee and DeKalb; Thirtieth district, Dallas; Thirty-first 
district, Colbert, Franklin and Marion; Thirty-second district, 
Greene and Hale; Thirty-third district. Mobile; Thirty-fourth dis- 
trict, Cleburne, Clay and Coosa; Thirty-fifth district, Henry. 

Article X 

EXEMPTIONS 

204. The personal property of any resident of this State, to the 
value of one thousand dollars, to be selected by such resident, shall 
be exempt from sale on execution or other process of an}^ court, issued 
for the collection of any debt contracted since the thirteenth day of 
July, eighteeen hundred and sixty-eight, or after the ratification of 
this Constitution. 

205. Every homestead, not exceeding eighty acres, and the dwell- 
ings and appurtenances thereon, to be selected by the owner thereof, 
and not in any city, town or village; or in lieu thereof, at the option 
of the owner, any lot in a city, town or village, with the dwelling and 
appurtenances thereon, owned and occupied by any resident of this 
State, and not exceeding the value of two thousand dollars, shall l^e 
exempt from sale on execution, or any other process from a court; 
for any debt contracted since the thirteenth day of July, eighteen 
hundred and sixty-eight, or after the ratification of this Constitu- 
tion. Such exemption, however, shall not extend to any mortgage 
lawfully obtained, but such mortgage or other alienation of said 



218 Alabama— 1901 

homestead by the owner thereof, if a married man, shall not lie valid 
without the voluntary signature and assent of the wife to the same. 

20G. The homestead of a family, after the death of the owner 
thereof, shall ha exempt from the payment of any debts contracted 
since the thirteenth day of July, eignteen hundred and sixty-eight, or 
after' the ratification of this Constitution, in all cases, during the 
minority of the children. 

207. The provisions of Sections 204 and 205 of this Constitution 
shall not Im? so construed as to prevent a laborers' lien for work done 
and performed for the person claiming such exemption, or a me- 
chanics' lien for work done on the premises. 

208. If the owner of the homestead die, leaving a widow, but no 
children, such homestead shall be exempt, and the rents and profits 
thereof shall imire to her lx»nefit. 

209. The real and personal property of any female in this State, 
acquired before marriage, and all property, real and personal, to 
which she may afterwards be entitled by gift, grant, inheritance or 
devise, shall be and remain the separate estate and property of such 
female, and shall not be liable for any debts, obligations or engage- 
ments of her husband, and may be devised or bequeathed by her, the 
same as if she were a feme sole. 

210. The right of exemption hereinbefore secured may be waived 
by an instrument in writing, and when such waiver relates to realty, 
the instrument must be signed by both the husband and wife, and 
attested by one witness. 

Article XI 

TAXATION 

211. All taxes levied on property in this State shall be assessed in 
exact proportion to the value of such property, but no tax shall be 
assessed upon any debt for rent or hire of real or personal property, 
while owned by the landlord or hirer during the current year of such 
rental or hire, if such real or personal property be assessed at its full 
value. 

212. The power to levy taxes shall not be delegated to individuals, 
or private corporations or associations. 

2K1 After the ratification of this Constitution, no new debt shall 
l)e created against or incurred by this State, or its authority, except 
to repel invasion or suppress insurrection, and then only by a con- 
currence of two-thirds of the members of each House of the Legisla- 
ture, and the vote shall be taken by yeas and nays, and entered on the 
Journals; and any act creating or incurring any new debt against 
this State, except as herein provided for, shall he absolutely void ; 
provided, the^ (iovernor may l)e authorized to negotiate temporary 
loans, never to exceed three hundred thousand dollars, to meet the 
deficiencies in the treasury, and until the same is paid no new loan 
shall lie negotiated ; provided further, that this section shall not be 
so construed as to prevent the issuance of lx)nds for the purpose of 
refunding the existing bonded indebtedness of the State. 

214. The legislature shall not have the ])<)wer to levy," in any one 
year, a greater rate of taxation than sixty-five one hundredths of one 
per centum oh the value of the taxable property within this State. 



Alabama— 1901 219 

215. No county in this State shall be authorized to levy a greater 
rate of taxation, in any one year, on the value of the taxable prop- 
erty therein, than one-half of one per centum; provided, that to pay 
debts existing on the sixth day of December, eighteen hundred and 
seventy-five, an additional rate of one-fourth of one per centum may 
be levied and collected, which shall be appropriated exclusively to 
the payment of such debts and the interest thereon ; provided further, 
that to pay any debt or liability now existing against any county, 
incurred for the erection, construction or maintenance of the neces- 
sary public buildings or bridges, or that may hereafter be created for 
the erection of necessary public buildings, bridges or roads, any 
county may levy and collect such special taxes, not to exceed one- 
fourth of one per centum, as may have been or may hereafter be 
authorized by law, which taxes, so levied and collected, shall be 
applied exclusively to the purposes for Avhich the same were so levied 
and collected. 

216. No city, town, village, or other municipal corporation, other 
than as provided in this article, shall levy or collect a higher rate 
of taxation in any one year on the property situated therein than 
one-half of one per centum of the value of such property as assessed 
for State taxation during the preceding year ; provided, that for the 
purpose of paying debts existing on the sixth day of December, 
eighteen hundred and sevent3^-five, and the interest thereon, a tax 
of one per centum may be levied and collected, to be applied exclu- 
sively to the payment of such indebtedness; and provided further, 
that this section shall not apply to the city of Mobile, which city 
may from and after the ratification of this Constitution levy a tax 
not to exceed the rate of three-fourths of one per centum to pay the 
expenses of the city government, and may also levy a tax not to 
exceed three-fourths of one per centum to pay the debt existing on 
the sixth day of December, eighteen hundred and seventy-five, with 
interest thereon, or any renewal of such debt ; and provided further, 
that this section shall not apply to the cities of Birmingham, Hunts- 
ville and Bessemer, and the town of Andalusia, which cities and town 
may levy and collect a tax not to exceed one-half of one per centum, 
in addition to the tax of one-half of one per centum as hereinbefore 
allowed to be levied and collected, such special tax to be applied 
exclusively to the payment of interest on bonds of said cities of 
Birmingham, Huntsville and Bessemer and town of Andalusia, re- 
spectively, heretofore issued in pursuance of law, or now authorized 
by law to be issued, and for a sinking fund to pay off said bonds at 
maturity thereof; and provided further, that this section shall not 
apply to the city of Montgomery, which city shall have the right to 
levy and collect a tax of not exceeding one-half of one per centum per 
annum upon the value of taxable property therein, as fixed for State 
taxation, for general purposes, and an additional tax of not exceed- 
ing three-fourths of one per centum per annum upon the value of 
the property therein, as fixed for State taxation, to be devoted ex- 
clusively to the payment of its public debt, interest thereon, and 
renewals thereof, and to the maintenance of its i)ublic schools, and 
public conveniences; and provided further, that this section shall 
not apply to Troy, Attalla, Gadsden, Woodlawn, Brewton, Pratt 
City, Ensley, Wylam, and Avondale, which cities and towns may 
from and after the ratification of this Constitution, levy and collect 



220 Alabama— 1901 

un additional tax of not exceeding one-half of one per centum; and 
provided further, that this section shall not apply to the cities of 
Decatur, New Decatur, and Cullman, which cities may from and 
after the ratification of this Constitution, levy and collect an addi- 
tional tax of not exceeding three-tenths of one per centum per 
annum; such sj^ecial tax of said city of Decatur to be ai)plied ex- 
clusively for the public schools, public school buildings, and public 
improvements; and such special tax of New Decatur and Cullman 
to be applied exclusively for educational purposes, and to Ik? ex- 
pended under their respective boards of Public School Trustees; but 
this additional tax shall not l>e levied by Troy, Attalla, Gadsden, 
Woodlawn, Brewton, Pratt City, Ensley, Wylam, Avondale, Decatur, 
New Decatur, or Cullman unless authorized by a majority vote of the 
qualified electors voting at a special election held for the purpose of 
ascertaining whether or not said tax shall be levied ; and provided 
further, that the purposes for which such special tax is sought to 
be levied shall be stated in such election call, and, if authorized, the 
revenue derived from such special tax shall be used for no other pur- 
pose than that stated; and provided further, that the additional tax 
authorized to l)e levied by the city of Troy, when so levied and col- 
lected, shall be used exclusively in the payment of the bonds and inter- 
est coupons thereon, hereafter issued in the adjustment of the present 
bonded indebtedness of said city ; and provided further, that the addi- 
tional tax authorized to be levied and collected by the city of Attalla 
shall, when so levied and collected, be used exclusively in the payment 
of bonds to the amount of not exceeding twenty-five thousand dollars, 
and the interest coupons thereon, hereafter to be issued in the adjust- 
ment of the present indebtedness of said city; provided further, that 
the governing boards of said cities, which are authorized to levy an 
additional tax, after the holding of an election as aforesaid, are 
hereby authorized to provide by ordinance the necessary machinery 
for the holding of said election and declaring the result thereof. 

217. The property of private corporations, associations and indi- 
viduals of tins State shall forever be taxed at the same rate; pro- 
vided, this section shall not apply to institutions devoted exclusively 
to religious, educational or charitable purposes. 

218. The Legislature shall not have the power to require counties 
or other municipal corporations to pay any charges which are now 
payable out of the State treasury. 

219. The Legislature may levy a tax of not more than two and one- 
half i^r centum of the value of all estates, real and personal, money, 
public and private securities of every kind, in this State passing from 
any person who may die seized and possessed thereof, or of any j^art 
of such estate, money or securities, or interest therein transferred by 
the intestate laws of this State or by will, deed, grant, bargain, sale 
or gift, made or intended to take effect in possession after death of 
the grantor, devisor, or donor, to any person or persons, bodies politic 
or corporate, in trust or otherwise, other than to or for the use of 
the father, mother, husband, wife, brothers, sisters, children or lineal 
descendants of the grantor, devisor, donor or intestate. 



Alabama — 1901 221 

Article XII 



CORPORATIONS 



MUNICIPAL COBPORATIONS 



220. No person, firm, association or corporation shall be author- 
ized or permitted to use the streets, avenues, alleys or public places 
of any city, town or village for the construction or operation of any 
public utility or private enterprise, without first obtaining the consent 
of the proper authorities of such city, town or village. 

221. The Legislature shall not enact any law which will permit 
any person, firm, corporation or association to pay a privilege, license 
or other tax to the State of Alabama, and relieve him or it from the 
payment of all other privilege and license taxes in the State. 

222. The Legislature, after the ratification of this Constitution, 
shall have authority to pass general laws authorizing the counties, 
cities, towns, villages, districts or other j)olitical subdivisions of covm- 
ties to issue bonds, but no bonds shall be issued under authority of a 
general law unless such issue of bonds be first authorized by a major- 
ity vote by ballot of the qualified voters of such county, city, town, 
village, district, or other political subdivision of a county, voting upon 
such proposition. The ballot used at such election shall contain the 

words " For bond issue," and "Against bond issue," 

(the character of the bond to be shown in the blank space,) and the 
voter shall indicate his choice by placing a cross mark before or after 
the one or the other. This section shall not apply to the renewal, 
refunding or reissue of bonds lawfully issued, nor to the issu- 
ance of bonds in cases where the same have been authorized by 
laws enacted prior to the ratification of this Constitution, nor 
shall this section apply to obligations incurred or bonds to be 
issued to procure means to pay for street and sidewalk improve- 
ments or sanitary or storm water sewers, the cost of which is to be 
assessed, in whole or in part, against the property abutting said 
improvements or drained by such sanitary or storm water sewers. 

223. No city, town or other municipality shall make any assess- 
ment for the cost of sidewalks or street paving, or for the cost of the 
construction of any sewers against property abutting in such street or 
sidewalk so paved, or drained by such sewers, in excess of the in- 
creased value of such property by reason of the special benefits 
derived from such improvements. 

224. No county shall become indebted in an amount including pres- 
ent indebtedness, greater than three and one-half per centum of the 
assessed value of the property therein ; provided, this limitation shall 
not affect any existing indebtedness in excess of such three and one- 
half per centum, which has already been created or authorized by 
existing law to be created; provided, that any county which has 
already incurred a debt exceeding three and one-half per centum of 
the assessed value of the property therein, shall be authorized to incur 
an indebtedness of one and a half per centum of the assessed value of 
such property in addition to the debt already existing. Nothing 
herein contained shall prevent any county from issuing bonds, or 
other obligations, to fund or refund any mdebtedness now existing 
or authorized by existing laws to be created. 

7251— VOL 1—07 17 



222 Alabama— 1901 

•22'). Xo city, town or otlipr municipal corporation having a popu- 
lation of less than six thousand, except as hereinafter provided, shall 
become indebted in an amount, including present indebtedness, 
exceeding five per centum of the assessed value of the property 
therein, except for the construction or purchase of water works, gas 
or electric lighting plants, or sewerage, or for the improvement of 
streets, for which purjwses an additional indebtedness not exceeding 
three per centum may l>e created; provided, this limitation shall not 
affect any debt now authorized by law to be created, nor any temporary 
loans to be paid within one year, made in anticipation of the collec- 
tion of taxes, not exceeding (me- fourth of the annual revenues of such 
city or town. All towns and cities having a population of six thou- 
sand or more, also Gadsden, ICnsley, Decatur, and New Decatur, are 
hereby authorized to Ijecome indebted in an amount, including present 
indebtedness, not exceeding seven per centum of the assessed valua- 
tion of the property therein, provided that there shall not l)e included 
in the limitation of the indebtedness of such last described cities and 
towns the following classes of indebtedness, to-wit : Temporary loans, 
to be paid within one year, made in anticipation of the collection of 
taxes, and not exceeding one-fourth of the general revenues, bonds or 
other obligations already issued, or which may hereafter be issued for 
the purpose of acquiring, providing or constructing school houses, 
water works and sewers; and obligations incurred and bonds issued 
for street or sidewalk improvements, where the cost of the same, in 
whole or in part, is to he assessed against the property abutting said 
improvements; provided, that the proceeds of all obligations issued 
as herein provided, in excess of said seven per centum shall not be 
used for any purpose other than that for which said obligations were 
issued. Nothing contained in this article shall prevent the funding 
or refunding of existing indebtedness. This section shall not apply 
to the cities of Sheffield and Tuscumbia. 

226. No city, town or village, whose present indebtedness exceeds 
the limitation imposed by this Constitution, shall be allowed to 
become indebted in any further amount, except as otherwise provided 
in this Constitution, until such indebtedness shall be reduced within 
such limit; provided, however, that nothing herein contained shall 
prevent any municipality, except the city of Gadsden, from issuing 
bonds already authorized by law ; provided further, that this section 
shall not apply to the cities of Sheffield and Tuscumbia, 

227. Any person, firm, association or corporation who may con- 
stnict or ojjerate any public utility along or across the public streets 
of any city, town or village, under any privilege or franchise permit- 
ting such construction or operation, shall be liable to abutting propri- 
etors for the actual damage done to the abutting property on account 
of such construction or operation. 

228. No city or town having a population of more than six thou- 
sand shall have authority to grant to any person, firm, corporation or 
association the right to use its streets, avenues, alleys, or public places 
for the construction or operation of water works, gas works, tele- 
phone or telegraph line, electric light or jjower plants, steam or other 
heating plants, street railroads, or any other public utility, except 
railroads other than street railroads for a longer period than thirty 
years. 



Alabama— 1901 223 

PBIVATE COBPOBATIONS 

229. The Legislature shall pass no special act conferring corporate 
powers, but it shall pass general laws under which corporations may 
be organized and corporate powers obtained, subject, nevertheless, to 
repeal at the will of the Legislature ; and shall pass general laws 
under which charters may be altered or amended. The Legislature 
shall, by general law, provide for the payment to the State of Ala- 
bama of a franchise tax by corporations organized under the laws of 
this State, which shall be in proportion to the amount of capital 
stock; but strictly benevolent, educational or religious corporations 
shall not be required to pay such a tax. The charter of any corpora- 
tion shall be subject to amendment, alteration or repeal under general 
laws. 

230. All existing charters, under which a bona fide organization 
shall not have taken place and business commenced in good faith 
within twelve months from the time of the ratification of this Con- 
stitution, shall thereafter have no validity. 

231. The Legislature shall not remit the forfeiture of the charter of 
any corporation now existing, or alter or amend the same, nor pass 
any general or special law for the benefit of such corporation, other 
than in execution of a trust created by law or by contract, except 
upon condition that such corporation shall thereafter hold its charter 
subject to the provisions of this Constitution. 

232. No foreign corporation shall do any business in this State 
without having at least one laiown place of business and an author- 
ized agent or agents therein, and without filing with the Secretary of 
State a certified copy of its articles of incorporation or association. 
Such corporation may be sued in any county where it does business, 
by service of process upon an agent anywhere in the State. The 
Legislature shall, by general law, provide for the payment to the 
State of xUabama of a franchise tax by such corporation, but such 
franchise tax shall be based on the actual amount of capital employed 
in this State. Strictly benevolent, educational or religious corpora- 
tions shall not be required to pay such a tax. 

233. Xo corporation shall engage in any business other than that 
expressly authorized in its charter or articles of incorporation. 

234. No corporation shall issue stock or bonds except for money, 
labor done or property actually received; and all fictitious increase 
of stock or indebtedness shall be void. The stock and bonded indebt- 
edness of corporations shall not be increased except in pursuance of 
general laws, nor Avithout the consent of the persons holding the 
larger amount in value of stock, first obtained at a meeting to be held 
after thirty days' notice, given in pursuance of law. 

235. Municipal and other corporations and individuals invested 
with the privilege of taking property for public use, shall make just 
compensation, to be ascertained as may be provided by law, for the 
property taken, injured or destroyed by the construction or enlarge- 
ment of its works, highways or improvements, which compensation 
shall be paid before such taking, injury or destruction. The legis- 
lature is hereby prohibited from denying the right of appeal from 
any preliminary assessment of damages against any such cor])oia- 
tions or individuals made by viewers or otherwise, but such appeal 



224 Alabama— 1901 

shall not deprive those who have obtained the judgment of condemna- 
tion from a right of entry, provided the amount of damages assessed 
sliall have been paid in the court in money, and a bond shall have 
been given in not less than double the amount of the damages assessed, 
with good and sufficient sureties, to pay such damages as the property 
owner may sustain; and the amount of damages in all cases of 
appeals shall, on the demand of either party, be determined by a 
jury according to law. 

230. Dues from private corporations shall be secured by such 
means as may be prescribed by law ; but in no case shall any stock- 
holder be individually liable otherwise than for the unpaid .stock 
owned by him or her. 

237. No corporation shall issue preferred stock without the con- 
sent of the owners of two-thirds of the stock of said corporation. 

238. The Legislature shall have the power to alter, amend or 
revoke any charter of incorporation now existing and revocable at 
the ratification of this Constitution, or any that may be hereafter 
created, whenever, in its opinion, such charter may be injurious to the 
citizens of this State, in such manner, however, that no injustice 
shall l3e done to the stockholders. 

231). Any association or corporation organized for the purpose, or 
any individual, shall have the right to construct and mamtain lines 
of telegraph and telephone within this State, and connect the same 
with other lines; and the Legislature shall, by general law of uniform 
operation, provide reasonable regulations to give full effect to this 
section. No telegraph or telephone company shall consolidate with 
or hold a controlling interest in the stock or bonds of any other tele- 
graph or telephone company owning a complete line, or acquire, by 
purchase or otherwise, any other competing line of telegraph or 
telephone. 

240. All corporations shall have the right to sue, and shall be sub- 
ject to be sued, in all courts in like cases as natural persons. 

241. The term " corporation,'' as used in this article, shall be con- 
strued to include all joint stock companies, and all associations having 
any of the powers or privileges of corporations not possessed by indi- 
viduals or partnerships. 

RAILBOADS AND CANALS 

242. All railroads and canals, not constructed and used exclusively 
for private purposes, shall be public highways, and all railroads and 
canal companies shall be common carriers. Any association or cor- 
poration organized for the purpose shall have the right to construct 
and operate a railway between any points in this State, and connect 
at the State line with railroads of other States. Every railroad com- 
pany shall have the right with its road to intersect, connect with, or 
cross any other railroad, and <»ach shall receive and transport the 
freight, passengers and cars, loaded or empty, of the others, without 
delay or discrimination. 

243. The power and authority of regulating railroad freight and 
passenger tariffs, the locating and building of passenger and freight 
depots, correcting abuses, preventing unjust discrimination and extor- 
tion and requiring reasonable and ^ust rates of freight and passenger 



Alabama— 1901 225 

tariffs, are hereby conferred upon the Legislature, whose duty it shall 
be to pass laws from time to time regulating freight and passenger 
tariffs, to prohibit unjust discrimination on the various railroads, 
canals and rivers of the State, and to prohibit the charging of other 
than just and reasonable rates, and enforce the same by adequate 
penalties. 

244. No railroad or other transportation company or corporation 
shall grant free passes or sell tickets or passes at a discount, other 
than as sold to the public generally, to any member of the Legisla- 
ture, or to any officer exercising judicial functions under the laws of 
this State; and any such member or officer receiving such pass or 
ticket for himself or procuring the same for another, shall be guilty 
of a misdemeanor, and upon conviction shall be fined not exceeding 
five hundred dollars and, at the discretion of the court trying the 
case, in addition to such fine, may be imprisoned for a term not 
exceeding six months, and upon conviction, shall be subject to im- 
peachment and removal from office. The courts having jurisdiction 
shall give this law specially in charge to the Grand Juries, and when 
the evidence is sufficient to authorize an indictment, the Grand Jury 
must present a true bill. The Circuit Court or any court of like juris- 
diction in any county into or through which such member or officer 
is transported by the use of such prohibited pass or ticket, shall have 
jurisdiction of the case, provided, only one prosecution shall be had 
for the same offense; and provided further, that the trial and judg- 
ment for one offense shall not bar a prosecution for another offense, 
when the same pass or ticket is used; and provided further, that 
nothing herein shall prevent a member of the Legislature who is a 
bona fide employe of a railroad or other transportation company or 
corporation at the time of his election, from accepting or procuring 
for himself or another, not a member of the Legislature, or officer 
exercising judicial functions, a free pass over the railroads or other 
transportation company or corporation by which he is employed. 

245. No railroad company shall give or pay any rebate, or a 
bonus in the nature thereof, directly or indirectly, or do any act to 
mislead or deceive the public as to the real rates charged or received 
for freights or passage; and any such payments shall be illegal and 
void, and these prohibitions shall be enforced by suitable penalties. 

246. No railroad, canal or transportation company in existence at 
the time of the ratification of this Constitution shall have the benefit 
of any future legislation by general or special laws, other than in 
execution of a trust created by law or by contract, except on condi- 
tion of complete acceptance of all the provisions of this article. 

Article XIII 

BANKS AND BANKING 

247. The Legislature shall not have the power to establish or in- 
corporate any bank or banking company, or moneyed institution, for 
the purpose of issuing bills of credit, or bills payable to order or 
bearer, except under the conditions prescribed in this Constitution. 

248. No bank shall be established otherwise than under a general 
banking law, nor other than upon a specie basis; provided, that any 



226 Alahmna—1901 

bank may be established with authority to issue bills to circulate as 
money in an amount equal to the face value of bonds of the United 
States, or of this State, convertible into specie at their face value, 
which shall, before such bank is authorized to issue bills for circula- 
tion, be deposited with the State Treasurer, or other depository pre- 
scribed by law, in an amount equal to the aggregate of such proposed 
issue, with power in such treasurer or depository to dispose of any or 
all of such bonds for a sufficient amount of specie to redeem the cir- 
culating notes of such bank at any time anu without delay, should 
such bank suspend specie payment or fail to redeem its notes on 
denumd. 

241). All bills or notes issued as money shall be at all times re- 
deemable in gold or silver, and no law shall be passed sanctioning, 
directly or indirectly, the susj^ension by any bank or banking com- 
pany of specie payment. 

250. Holders of bank notes, and depositors who have not stipulated 
for interest, shall, for such notes and deposits, be entitled, in case of 
insolvency, to preference of payment over all other creditors; pro- 
vided, this section shall apply to all banks, whether incorporated or 
not. 

251. Every bank or banking company shall be required to cease all 
banking operations within twenty years from the time of its organi- 
zation, unless the time be extended by law, and promptly thereafter 
close its business; but after it has closed its business it shall have 
corporate capacity to sue and shall be liable to suits until its affairs 
and liabilities arc fully closed. 

252. No bank shall receive, directly or indirectly, a greater rate of 
interest than shall Ix": allowed by law to individuals for lending 
money. 

253. Neither the State nor any jjolitical subdivision thereof shall 
be a stockholder in any bank, nor shall the credit of the State or any 
political subdivision thereof ever be given or lent to any banking 
company, association or corporation. 

254. The Legislature shall by appropriate laws provide for the 
examination, by some public officer, of all banks and banking insti- 
tutions and trust companies engaged in banking business in this 
State; and each of such banks and banking companies or institutions 
shall, through its j)resident or such other officer as the Legislature 
may designate, make a report under oath of its resources and lia- 
bilities at least twice a year. 

255. The provisions of this article shall apply to all banks except 
National banks, and to all trust companies and individuals doing a 
banking business, whether incorporated or not. 

Article XIV 

EDUCATION 

256. The legislature shall establish, organize and maintain a lib- 
eral system of public schools throughout the State for the benefit of 
the children thereof l)etween the ages of seven and twenty-one years. 
The public school fund shall Ije apportioned to the several counties in 
proportion to the number of school children of school age therein, and 



Alabama— 1901 227 

shall be so apportioned to the schools in the districts or townships in 
the county as to provide, as nearly as practicable, school terms of 
equal duration in such school districts or townships. Separate schools 
shall be provided for white and colored children, and no child of 
either race shall be permitted to attend a school of the other race. 

257. The principal of all funds arising from the sale or other dis- 
position of lands or other property, which has been or may hereafter 
be granted or entrusted to this State or given by the United States for 
educational purposes shall be preserved inviolate and undiminished; 
and the income arising therefrom shall be faithfully applied to the 
specific object of the original grants or appropriations. 

258. All lands or other property given by individuals, or appro- 
priated by the State for educational purposes, and all estates of 
deceased persons Avho die without leaving a w^ill or heir shall be faith- 
fully applied to the maintenance of the jjublic schools. 

259. All poll taxes collected in this State shall be applied to the 
support of the public schools in the respective counties where col- 
lected. 

260. The income arising from the Sixteenth Section trust fund, 
the surplus revenue fund, until it is called for by the United States 
government, and the funds enumerated in Sections 257 and 258 of this 
Constitution, together Avith a special annual tax of thirty cents on 
each one hundred dollars of taxable property in this State, which the 
Legislature shall levy, shall be applied to the support and mainte- 
nance of the public schools, and it shall be the duty of the Legislature 
to increase the public school fund from time to time, as the aiecessity 
therefor and the condition of the treasury and the resources of the 
State may justify; provided, that nothing herein contained shall be 
so construed as to authorize the Legislature to levy in any one year a 
greater rate of State taxation for all purposes, including schools, than 
sixty-five cents on each one hundred dollars worth of taxable prop- 
erty ; and provided further, that nothing herein contained shall pre- 
vent the Legislature from first providing for the payment of the 
bonded indebtedness of the State and interest thereon out of all the 
revenues of the State. 

261. Not more than four per cent, of all moneys raised, or which 
may hereafter be appropriated for the support of public schools, shall 
be used or expended otherw^ise than for the payment of teachers 
employed in such schools ; provided, that the Legislature may, by a 
vote of two-thirds of each House, suspend the operation of this 
section. 

262. The supervision of the public schools shall be vested in a 
Superintendent of Education, whose powers, duties and compensation 
shall be fixed by law. 

263. No money raised for the support of the public schools, shall 
be appropriated to or used for the support of any sectarian or denom- 
inational school. 

264. The State University shall be under the management and con- 
trol of a board of trustees which shall consist of two memters froui 
the Congressional district in Avhich the University is located, one 
from each of the other Congressional districts in the State, the Super- 
intendent of Education and the Governor who shall be ex-officio presi- 
dent of the board. The members of the Board of Trustees as now 



228 Akibania— 1.901 

constituted shall hold office until their respective terms expire under 
existing law, and until their successors shall be elected and confirmed 
as hereinafter required. Successors to those trustees whose terms 
expire in nineteen hundred and two shall hold office until nineteen 
hundred and seven ; successors to those trustees whose terms expire 
in nineteen hundred and four shall hold office until nineteen hundred 
and eleven; successors to those trustees whose terms expire in nine- 
teen hundred and six shall hold office until nineteen hundred and 
fifteen ; and thereafter their successors shall hold office for a term of 
twelve years. Wlien the term of any member of such board shall 
expire, the remaining members of the board shall by secret ballot elect 
his successor; provided, that any trustee so elected shall hold office 
from the date of his election until his confirmation or rejection by the 
Senate, and, if confirmed, until the expiration of the term for which 
he was elected, and until his successor is elected. At every meeting of 
the Legislature the Superintendent of P^ducation shall certify to the 
Senate the names of all who have been so elected since the last session 
of the Legislature, and the Senate shall confirm or reject them, as it 
shall determine is for the best interest of the University. If it reject 
the names of any members, it shall thereupon elect trustees in the 
stead of those rejected. In case of a vacancy on said board by death 
or resignation or a member, or from any cause other than the expira- 
tion or his term of office, the board shall elect his successor who shall 
hold office until the next session of the legislature. Xo trustee shall 
receive any pay or emolument other than his actual expenses incurred 
in the discharge of his duties as such. 

265. After the ratification of this Constitution there shall be paid 
out of the treasury of this State, at the time and in the manner pro- 
vided by law, the sum of not less than thirty-six thousand dollars per 
annum as interest on the funds of the University of Alabama, here- 
tofore covered into the treasury, for the maintenance and support of 
said institution ; provided, that the Legislature shall have the power 
at any time they deem proper for the best interest of said University 
to abolish the military system at said institution, or reduce the said 
system to a department of instruction, and that such action on the 
part of the I^egislature shall not cause any diminution of the amount 
of the annual interest payable out of the treasury for the support and 
maintenance of said University. 

200. The Alabama Polytechnic Institute, formerly called the Agri- 
cultural and Mechanical College, shall he under the management and 
control of a Board of Trustees, which shall consist of two members 
from the Congressional district in which the institute is located, and 
one from each of the other Congressional districts in the State, the 
State Superintendent of Education, and the (iovernor, who shall 
be ex-officio president of the board. The trustees shall be appointed 
by the Governor, by and with the advice and consent of the Senate, 
and shall hold office for a term of twelve years, and until their suc- 
cessors shall be appointed and qualified. The board shall be divided 
into three classes, as nearlv equal as may be, so that one-third may be 
chosen quadriennially. ^^acancies occurring in the office of trustees 
from death or resignation, and the vacancies regularly occurring in 
the 3'ear nineteen hundred and five, shall be filled by the Governor, 
and such appointee shall hold office until the next .meeting of the I><eg- 



Alabama — 1901 229 

islature. Successors to those trustees whose terms expire in nineteen 
hundred and three shall hold office until nineteen hundred and eleven ; 
successors to those whose terms of office expire in nineteen hundred 
and five shall hold office until nineteen hundred and fifteen ; and suc- 
cessors to those whose terms of office expire in nineteen hundred and 
seven shall hold office until nineteen hundred and nineteen. No trus- 
tee shall receive any pay or emolument other than his actual expenses 
incurred in the discharge of his duties as such 

267. The Legislature shall not have power to change the location 
of the State University, or the Alabama Polytechnic Institute, or the 
Alabama school for the Deaf and Blind, or the Alabama Girls' Indus- 
trial school, as now established by law, except upon a vote of two- 
thirds of the Legislature taken by yeas and nays and entered upon 
the Journals. 

268. The Legislature shall provide for taking a school census by 
townships and districts throughout the State not oftener than once 
in two years, and shall provide for the punishment of all persons or 
officers making false or fraudulent enumerations and returns; pro- 
vided, the State Superintendent of Education may order and super- 
vise the taking of a new census in any township, district or county, 
whenever he may have reasonable cause to believe that false or fraud- 
ulent returns have been made. 

269. The several counties in this State shall have power to levy and 
collect a special tax not exceeding ten cents on each one hundred dol- 
lars of taxable property in such counties, for the support of public 
schools; provided, that the rate of such tax, the time it is to continue, 
and the purpose thereof, shall haA^e been first submitted to a vote of 
the qualified electors of the county, and voted for by three-fifths of 
those voting at such election ; but the rate of such special tax shall 
not increase the rate of taxation. State and county combined, in any 
one year, to more than one dollar and twenty-fiv'e cents on each one 
hundred dollars of taxable property ; excluding, however, all special 
county taxes for public buildings, roads, bridges and the payment of 
debts existing at the ratification of the Constitution of eighteen 
hundred and seventy-five. The funds arising from such special 
school tax shall be so apportioned and paid through the proper school 
officials to the several schools in the townships and districts in the 
county that the school terms of the respective schools shall be ex- 
tended by such supplement as nearly the same length of time as prac- 
ticable; provided, that this section shall not apply to the cities of 
Decatur, New Decatur and Cullman. 

270. The provisions of this article and of any act of the Legislature 
passed in pursuance thereof to establish, organize and maintain a 
system of public schools throughout the State, shall apply to Mobile 
county only so far as to authorize and require the authorities desig- 
nated by law to draw the portions of the funds to which said county 
shall be entitled for school purposes and to make reports to the Super- 
intendent of Education as may be prescribed by law ; and all special 
incomes and powers of taxation as now authorized by law for the 
benefit of public schools in said county shall remain undisturbed until 
otherwise provided by the Legislature ; provided, that separate schools 
for each race shall always be maintained by said school authorities. 



230 Alabama— 1901 



Arti(;le XV 

MILITIA 

271. The Legislature shall have power to declare who shall con- 
stitute the militia of the State, and to provide for organizing, arm- 
ing and disciplining the same ; and the Legislature may provide for 
the organization of a State and Naval Militia. 

272. The legislature, in providing for the organization, equipment 
and discipline of the militia, shall conform as nearly as practicable 
to the regidations for the government of the armies of the United 
States. 

273. Each company and regiment shall elect its own company and 
regimental officers; t)ut if any company or regiment shall neglect to 
elect such officers within the time prescribed by law, they may be 
appointed by the Governor. 

274. Volunteer organizations of infantry, cavalry, and artillery 
and naval militia may be formed in such manner and under such 
restrictions and w^ith such privileges as may be provided by law-. 

275. The militia and volunteer forces shall, in all cases, except 
treason, felony and breach of the peace, be privileged from arrest 
during their attendance at musters, parades and elections, and in 
going to and returning from the same. 

270. The Governor shall, with the advice and consent of the Senate, 
appoint all general officers, whose terms of office shall be four years. 
The Governor, the generals and regimental and battalion commanders 
shall appoint their ow^n staffs, as may be provided by law. 

277. The Legislature shall provide for the safe keeping of the 
arms, ammunition and accoutrements and military records, banners 
and relics of the State. 

278. The officers and men of the militia and volunteer forces shall 
not he entitled to or receive any pay, rations or emoluments when not 
in active service. 

Article XVI 

OATH or OFFICE " 

279. All members of the Legislature, and all officers, executive and 
judicial, before they enter upon the execution of the duties of their 
respective offices, shall take the following oath or affirmation : 

"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 and honestly discharge the duties 
of the office upon which I am about to enter, to the best of mv ability. 
So help me God." 

The oath may be administered by the presiding officer of either 
House of the Ijegislature, or by any officer authorized by law to 
administer an oath. 



Alabama — 1901 231 

Article XVII 

MISCELLANEOUS PROVISIONS 

280. No person holding an office of profit under the United States, 
except postmasters, whose annual salaries do not exceed two hundred 
dollars, shall during his continuance in such office hold any office of 
profit under this State; nor, unless otherwise jorovided in this Con- 
stitution, shall any person hold two offices of profit at one and the 
same time under this State, except Justices of the Peace, Constables, 
Notaries Public and Commissioners of Deeds. 

281. The salary, fees or compensation of any officer holding any 
civil office of profit under this State or any county or municipality 
thereof, shall not be increased or diminished during the term for 
which he shall have been elected oi" appointed. 

282. It is made the duty of the I^egislature to enact all laws neces- 
sary to give effect to the provisions or this Constitution. 

283. The act of the General Assembly of Alabama, entitled, "An 
Act to consolidate and adjust the bonded debt of the State of Ala- 
bama," approved February 18th, 1895, and an act amendatory thereof 
entitled, "An Act to amend Section 6 of an act to consolidate and 
adjust the bonded debt of the State of Alabama, approved February 
18th, 1895," which said last namsed act was approved February ICth, 
1899, are hereby made valid, and both of said acts shall have the full 
force and effect of law, except insofar as they authorize the redemp- 
tion before maturitj^ of the bonds authorized by said acts to be issued. 
The Governor is authorized and empowered to act under the same 
and to carry out all the provisions thereof ; provided, that the bonds 
authorized to be issued by said acts and issued thereunder may be 
made payable at any time, not exceeding fifty years from the date 
thereof, and shall not l)e ledeemable until their maturity. 

Article XVIII 

MODE OF AMENDING THE CONSTITUTION 

284. Amendments may be proposed to this Constitution by the 
Legislature in the manner following: The proposed amendments 
shall be read in the House in which they originate on three several 
days, and if upon the third reading three-fifths of all the members 
elected to that House shall vote in favor thereof, the proposed amend- 
ments shall be sent to the other House, in which they shall likewise 
be read on three several days, and if upon the third reading three- 
fifths of all the members elected to that House shall vote in rayor of 
the proposed amendments, the Legislature shall order an election by 
the qualified electors of the State upon the proposed amendments, to 
be held either at the general election next succeeding the session of 
the Legislature at which the amendments are proposed or upon 
another day appointed by the Legislature not less than three months 
after the final adjournment of the session of the Legislature at which 
the amendments were proposed. Notice of such election, together 
with the proposed amendments, shall be given by proclamation of the 



232 Alaharm—1901 

Governor, which shall be published in every county in such manner 
as the Legislature shall direct, for at least eight successive weeks next 
preceding the da^ appointed for such election. On the day so 
appointed an election shall be held for the vote of the qualified electors 
of the State upon the proposed amendments. If such election he held 
on the day of the general election, the officers of such general election 
shall open a poll tor the vote of the qualified electors upon the pro- 
posed amendments; if it be held on a day other than that of a general 
election, officers for such election shall be appointed, and the election 
shall be held in all things in accordance with the law governing gen- 
eral elections. In all elections upon such proposed amendments, the 
votes cast thereat shall be canvassed, tabulated and returns thereof be 
made to the Secretary of State, and counted, in the same manner as 
in elections for Representatives to the Legislature; and if it shall 
thereupon appear that a majority, of the qualified electors who voted 
at such election upon the proposed amendments voted in favor of the 
same, such amendments shall be valid to all intents and purposes as 
parts of this Constitution. The results of such election shall bo made 
known by proclamation of the Governor. Representation in the 
Legislature shall be based upon population, and such basis of repre- 
sentation shall not be changed by constitutional amendment. 

285. Upon the ballots used at all elections provided for in Section 
284 of this Constitution, the substance or subject matter of each pro- 
posed amendment shall be so printed that the nature thereof shall be 
clearly indicated. Following each proposed amendment on the ballot 
shall be printed the word " Yes" and immediately under that shall 
be printed the word " No." The choice of the elector shall be indi- 
cated by a cross mark made by him or under his direction opposite 
the word expressing his desire, and no amendment shall l)e adopted 
unless it receives the affirmative vote of a majority of all the qualified 
electors who vote at such election. 

286. No convention shall hereafter be held for the purpose of alter- 
ing or amending the Constitution of this State, unless after the I^egis- 
lature by a vote of the majority of all the members elected to each 
House, has passed an act or resolution calling a Convention for such 
purpose, the question of Convention or No Convention shall be first 
submitted to a vote of all the qualified electors of the State and ap- 
proved by a majority of those voting at such election. No act or 
resolution of the Legislature calling a convention for the purpose of 
altering or amending the Constitution of this State, shall be repealed, 
except upon the vote of a majority of all the members elected to each 
House at the same session at which such act or resolution was passed ; 
provided, nothing herein contained shall be construed as restricting 
the jurisdiction and power of the convention, when duly assembled in 
pursuance of this section, to establish such ordinances and to do and 
j)erform such things as to the convention may seem necessary or 
proper for the purpose of altering, revising, or amending the existing 
Constitution. 

287. All votes of the Legislature upon proposed amendments to this 
Constitution, and upon bdls or resolutions calling a Convention for 
the purpose of altering or amending the Constitution of this State, 
shall be taken by yeas and nays and entered on the Journals. No act 



Alabama — 1901 233 

or resolution of the Legislature passed in accordance with the pro- 
visions of this article, proposing amendments to this Constitution, or 
calling a convention for the purpose of altering or amending the Con- 
stitution of this State, shall be submitted for the approval of the Gov- 
ernor, but shall be valid without his approval. 

Schedule 

In order that no injury or inconvenience may arise from the altera- 
tions and amendments made by this Constitution to the existing Con- 
stitution of this State, and to carry this Constitution into effect it is 
hereby ordained and declared : 

1. That all laws in force at the ratification of this Constitution and 
not inconsistent therewith, shall remain in full force imtil altered or 
repealed by the Legislature; and all rights, actions, prosecutions, 
claims and contracts of the State, counties, municipal corporations, 
individuals, or bodies corporate, not inconsistent with this Constitu- 
tion, shall continue to be valid as if this Constitution had not been 
ratified. 

2. That all bonds executed by or to any officer of this State, all 
recognizances, obligations, and all other instruments executed to this 
State, or to any subdivision or municipality thereof, before the ratifi- 
cation of this Constitution, and all fines, taxes, penalties, and for- 
feitures due and owing to the State, or any subdivision or munici- 
pality thereof, and all writs, suits, prosecutions, claims and causes of 
action, except as herein otherwise provided, shall continue and remain 
unaffected by the ratification of this Constitution. All indictments 
which have been found, or which may hereafter be found, for any 
crime or offense committed before the ratification of this Constitution 
shall be proceeded upon in the same manner as if this Constitution 
had not been ratified. 

3. That all the executive and judicial officers and all other officers 
in this State, who were elected at the elections held in this State on 
the first Monday in August in the years eighteen hundred and ninety- 
eight and nineteen hundred, or Avho have been appointed since that 
time, and all members of the jjresent General Assembly and all who 
may be hereafter elected members of the present General Assembly, 
and all other officers holding office at the time of the ratification of 
this Constitution, shall, except as otherwise provided in this Consti- 
tution, continue in office and exercise the duties thereof until their 
respective terms shall expire as provided by the Constitution of 
eighteen hundred and seventy-five or the laws of this State. 

4. This Constitution shall be submitted to the qualified electors of 
this State for ratification or rejection, as authorized and required by 
an act of the General Assembly of this State, entitled "An Act to pro- 
vide for holding a convention to revise and amend the Constitution 
of this State," approved the eleventh day of December, nineteen hun- 
dred; and no elector shall be deprived of his right to vote at the 
election to be held for such purpose by reason of his not being 
registered. 

5. That instead of the publication as required by the act to provide 
for holding a convention to revise and amend the Constitution, 



234 Alabama— 1901 

approved the eleventh day of December, nineteen hundred, the Gov- 
ernor of this State is hereby authorized to take such steps as will 
give general publicity and circulation to this Constitution in a manner 
as economical as practicable. 

6. The salaries of the Executive and Judicial and all other officers 
of this State, who may be holding office at the time of the ratification 
of this Constitution, and the payment of the j)resent meml>ers of the 
General Assembly, shall not be affected by the provisions of this 
Constitution. 

Done by the jwople of Alabama, through their delegates in conven- 
tion assembled in the hall of the House of Representatives, at Mont- 
gomery, Alabama, this the third day of September, Anno Domini, 
nineteen hundred and one. 

John B. Knox, Preddent. 

Attest : 

Frank N. Julian, Secretary. 



ALASKA 



TREATY CEDING ALASKA, 1867 

Convention for the cession of the Russian possessions in Nortii America to the 

United States 

Concluded March 30, 1867; ratifications exchanged at WaahhujUm June 20, 1867; 
proclaimed June 20, 1867 

The United States of America and His Majesty the Emperor of 
all the Russias, being desirous of strengthening, if possible, the good 
understanding which exists between them, have, for that purpose, 
appointed as their Plenipotentiaries, the President of the United 
States, William H. Seward, Secretary of State; and His Majesty the 
Emperor of all the Russias, the Privy Counsellor Edward de Stoeckl, 
his Envoy Extraordinary and Minister Plenipotentiary to the United 
States ; 

And the said Plenipotentiaries, having exchanged their full 
powers, which were found to be in due form, have agreed upon and 
signed the following articles : 

Article I 

His Majesty the Emperor of all the Russias agrees to cede to the 
United States, by this convention, immediately upon the exchange of 
the ratifications thereof, all the territory and dominion now possessed 
by his said Majesty on the continent of America and in the adjacent 
islands, the same being contained within the geographical limits 
herein set forth, to wit: The eastern limit is the line of demarcation 
l^etween the Russian and the British possessions in North America, 
as established by the convention between Russia and Great Britain, 
o fFebruary 28-16, 1825, and described in Articles III and IV of said 
convention, in the following terms: 

" Commencing from the sourthernmost point of the island called 
Prince of Wales Island, which point lies in the parallel of 54 degrees 
40 minutes north latitude, and between the 131st and 133rd degree of 
west longitude, (meridian of Greenwich,) the said line shall ascend 
to the north along the channel called Portland Channel, as far as the 
])oint of the continent where it strikes the 56th degree of north lati- 
tude; from this last-mentioned point, the line of demarcation shall 
follow^ the summit of the mountains situated parallel to the coast, as 
far as the point of intersection of the 141st degree of west longitude, 
(of the same meridian;) and finally, from the said point of intersec- 
tion, the said meridian line of the 141st degree, in its prolongation 
as far as the Frozen Ocean, 

" IV. With reference to the line of demarcation laid down in the 
preceding article, it is understood — 

" 1st. That the island called Prince of Wales Island shall Mong 
wholly to Russia," (now, by this cession to the United States.) 

235 



236 Alaska— 1867 

" 2nd. That whenever the summit of the mountains which extend 
in a direction parallel to the coast from the 56th degree of north 
latitude to the point of intersection of the 141st degree of west longi- 
tude shall prove to be at the distance of more than ten marine leagues 
from the ocean, the limit between the British possessions and the line 
of coast which is to belong to Russia as above mentioned, (that is to 
say, the limit to the possessions ceded by this convention,) shall be 
formed by a line parallel to the winding of the coast, and which 
shall never exceed the distance of ten marine leagues therefrom." 

The western limit within which the territories and dominion con- 
veyed are contained passes through a point in Behring's Straits on 
the parallel of sixty-five degrees thirty minutes north latitude, at 
its intersection by the meridian which passes midway between the 
islands of Krusenstern or Ignalook, and the island of Ratmanoff, or 
Noonarbook, and proceeds due north without limitation, into the 
same Frozen Ocean. The same western limit, beginning at the same 
initial point, proceeds thence in a course nearly southwest, through 
Behring's Straits and Behring's Sea, so as to pass midway between 
the northwest point of the island of St. Lawrence and the southeast 
point of Cape Choukotski, to the meridian of one hundred and sev- 
enty-two west longitude ; thence, from the intersection of that merid- 
ian, in a southwesterly direction, so as to pass midway between the 
island of Attou and the Copper Island of the Kormandorski couplet 
or group, in the North Pacific Ocean, to the meridian of one hundred 
and ninety-three degrees west longitude, so as to include in the 
territory conveyed the whole of the Aleutian Islands east of that 
meridian. 

Article II 

In the cession of territory and dominion made by the preceding 
article are included the right of property in all public lots and 
squares, vacant lands, and all public buildings, fortifications, bar- 
racks, and other edifices which are not private individual property. 
It is, however, understood and agreed, that the churches which have 
been built in the ceded territory by the Russian Government, shall 
remain the property of such members of the Greek Oriental Church 
resident in the territory as may choose to worship therein. Any 
Government archives, papers, and documents relative to the territory 
and dominion aforesaid, which may now be existing there, will be 
left in the possession of the ageiit of the United States; but an 
authenticated copy of such of them as may be required, will be, at all 
times, given by the United States to the Russian Government, or to 
such Russian officers or subjects as they may apply for. 

Article III 

The inhabitants of the ceded territory, according to their choice, 
reserving their natural allegiance, may return to Russia within three 
years; but if they should prefer to remain in the ceded territory, 
they, with the exception of uncivilized native tribes, shall be ad- 
mitted to the enjoyment of all the rights, advantages, and immuni- 
ties of citizens of the United States, and shall be maintained and 
protected in the free enjoyment of their liberty, property, and 
religion. The uncivilized tribes will be subject to such laws and 



Alaska— 1867 237 

regulations as the United States may from time to time adopt in 
regard to aboriginal tribes of that country. 

Article IV 

His Majesty, the Emperor of all the Russias shall appoint, with 
convenient dispatch, an agent or agents for the purpose of formally 
delivering to a similar agent or agents, appointed on behalf of the 
United States, the territory, dominion, property, dependencies, and 
appurtenances which are ceded as above, and for doing any other act 
which may be necessary in regard thereto. But the cession, with 
the right of immediate possession, is nevertheless to be deemed com- 
plete and absolute on the exchange of ratifications, without waiting 
for such formal delivery. 

Article V 

Immediately after the exchange of the ratifications of this conven- 
tion, any fortifications or military posts which may be in the ceded 
territory shall be delivered to the agent of the United States, and any 
Russian troops which may be in the territory shall be withdrawn as 
soon as may be reasonably and conveniently practicable. 

Article VI 

In consideration of the cession aforesaid, the United States agree 
to pay at the Treasury in Washington, within ten months after the 
exchange of the ratifications of this convention, to the diplomatic 
representative or other agent of His Majesty the Emperor of all the 
Russias, duly authorized to receive the same, seven million two hun- 
dred thousand dollars in gold. The cession of territory and dominion 
herein made is hereby declared to be free and unincumbered by any 
reservations, privileges, franchises, grants, or possessions, by any asso- 
ciated companies, whether corporate or incorporate, Russian or any 
other, or by any parties except merely private individual property- 
holders; and the cession hereby made conveys all the rights, fran- 
chises, and privileges now belonging to Russia in the said territory 
or dominion, and appurtenances thereto. 

Article VII 

When this convention shall have been duly ratified by the President 
of the United States, by and with the advice .and consent of the 
Senate, on the one part, and, on the other, by His Majesty the 
Emperor of all the Russias, the ratifications shall be exchanged at 
Washington within three months from the date hereof, or sooner if 
possible. 

In faith whereof, the respective Plenipotentiaries have signed this 
convention, and thereto affixed the seals of their arms. 

Done at Washington the thirtieth day of March, in the year of our 
Lord one thousand eight hundred and sixty-seven. 

[seal.] William H. Seward. 

[seal.] Edouard de Stoeckl. 

7251— VOL 1—07 18 



238 Alaska- 1884 



CIVIL GOVERNMENT IN ALASKA— 1884" 

fFORTV-KIFTH rONGBl':8S, SECOND SESSION] 

An Act providing,' a civil government for Alaslvu. 

Be it enacted by the Senate and House of Representatircs of the 
United Staten of Ameinca in Congress assemhled. That the territory 
ceded to the United States bj' Russia by the treaty of March thirtieth, 
eighteen hiuuh-ed and sixty-seven and known as Ahiska. shall con- 
stitute a civil and judicial district, the government of which shall be 
organized and administered as hereinafter provided. The temporary 
seat of government of said district is hereby established at Sitka. 

Sec. 2. That there shall be appointed for the said district a gov- 
ernor, who shall reside therein during his term of office and be 
charged with the interests of the United States Government that may 
arise within said district. To the end aforesaid he shall have 
authority to see that the laws enacted for said district are enforced, 
and to require the faithful discharge of their duties by the officials 
appointed to administer the same. He may also grant reprieves for 
offenses committed against the laws of the district or of the United 
States until the decision of the President thereon shall be made 
known. He shall be ex officio commander-in-chief of the militia of 
said district, and shall have power to call out the same when nec- 
essary to the due execution of the laws and to preserve the peace, 
and to cause all able-bodied citizens of the Unitecl States in said dis- 
trict to enroll and serve as such when the public exigency demands; 
and he shall perform generally in and over said district such acts 
as pertain to the office of governor of a territory, so far as the same 
may be made or become applicable thereto. He shall make an 
annual report, on the first day of October in each year, to the Presi- 
dent of the United States, of his official acts and doings, and of the 
condition of said district, with reference to its resources, industries, 
population, and the administration of the civil government thereof. 
And the President of the United States shall have power to review 
and to confirm or annul any reprieves granted or other acts done 
by him. 

Sec. 3. That there shall be, and hereby is, established a district 
court for said district, with the civil and criminal jurisdiction of dis- 
trict courts of the United States, and the civil and criminal jurisdic- 
tion of district courts of the Uniteji States exercising the jurisdiction 
of circuit courts, and such other jurisdiction, not inconsistent with 
this act, as may l)e established by law ; and a district judge shall be 
appointed for said district, who shall during his term of ojffice reside 
therein and hold at least two terms of said court therein in each year, 
one at Sitka, beginning on the first Monday in May. and the other at 
"Wrangel. beginning on the first Monday in November. He is also 
authorized and directed to hold such special sessions as may be nec- 
essary for the dispatch of the business of said court, at such times 

<» For other acts of an organic nature relating to Alaska see an act to extend 
to Alaska the laws of United States relating to customs, commerce, and navi- 
gation, and to establish a collection district therein, act of July 27. 1808; to 
establish a crinunal code in. March '\. 1801): to regulate town coriKU'ations. 
Ajiril 28. IfKH : to provide for the establishment and care of roads and schools 
and the care of the insane, January 27, 1905. 



Alaska — 1884 239 

and places in said district as he may deem expedient, and may 
adjourn such special session to any other time previous to a regular 
session. He shall have authority to employ interpreters, and to 
make allowances for the necessary expenses of his court. 

Sec. 4. That a clerk shall be appointed for said, court, who shall 
be ex officio secretary and treasurer of said district, a district attor- 
ne}^, and a marshal, all of whom shall during their terms of office 
reside therein. The clerk shall record and preserve copies of all 
the laws, proceedings, and official acts applicable to said district. 
He shall also receive all moneys collected from fines, forfeitures, or 
in any other manner except from violations of the custom laws, and 
shall apply the same to the incidental expenses of the said district 
court and the allowances thereof, as directed by the judge of said 
court, and shall account for the same in detail, and for any balances 
on account thereof, quarterly, to and under the direction of the Sec- 
retary of the Treasury. He shall be ex officio recorder of deeds and 
mortgages and certificates of location of mining claims and other 
contracts relating to real estate and register of wills for said dis- 
trict, and shall establish secure offices in the towns of Sitka and 
Wrangel, in said district, for the safekeeping of all his official rec- 
ords, and of records concerning the reformation and establishment 
of the present status of titles to lands, as hereafter directed : Provided, 
That the district court hereby created may direct, if it shall deem 
it expedient, the establishment of separate offices at the settlements 
of Wrangel, Oonalashka, and Juneau Citv, respectively, for the 
recording of such instruments as may pertain to the several natural 
divisions of said district most convenient to said settlement, the 
limits of which shall, in the event of such direction, be defined by said 
court; and said offices shall be in charge of the commissioners 
respectively as hereinafter provided. 

Sec. 5. That there shall be appointed bj'' the President four com- 
missioners in and for the said district w^ho shall have the jurisdiction 
and powers of commissioners of the United States circuit courts in 
any part of said district, but who shall reside, one at Sitka, one at 
Wrangel, one at Oonalashka, and one at Juneau City. Such commis- 
sioners shall exercise all the duties and powers, civil and criminal, 
now conferred on justices of the peace under the general laws of the 
State of Oregon, so far as the same may be applicable in said district, 
and may not be in conflict with this act or the laws of the United 
States. They shall also have jurisdiction, subject to the supervision 
of the district judge, in all testamentary and probate matters, and for 
this purpose their courts shall be opened at stated terms and be courts 
of record, and be provided w ith a seal for the authentication of their 
official acts. They shall also have power to grant writs of habeas 
corpus for the purpose of inquiring into the cause of restraint of 
liberty, which writs shall be made returnable before the said district 
judge for said district; and like proceedings shall be had thereon as 
if the same had been granted by said judge under the general laws of 
the United States in such cases. Said commissioners shall also have 
the powers of notaries public, and shall keep a record of all deeds and 
other instruments of writing acknowledged before them and relating 
to the title to or transfer of property within said district, which rec- 
ord shall be subject to public inspection. Said commissioners shall 
also keep a record of all fines and forfeitures received by them, and 



240 Alaska-'1884 

shall pn.v ovor the snme quarterly to the clerk of paid district court. 
The governor appointed under the provisions of this act shall, from 
time to time, inquire into the operations of the Alaska Seal and Fur 
Company, and shall annually report to Congress the result of such 
inquiries and any and all violations by said company of the agree- 
ment existing between the United States and said company. 

Sec. 0. That the marshal for said district shall have the general 
authority and powers of the United States marshals of the States and 
Territories. lie shall Ixs the executive officer of said court, and charged 
with the execution of all process of said court and with the transpor- 
tation and custody of prisoners, and he shall be ex officio keeper or the 
jail or penitentiary or said district. lie shall appoint four deputies, 
who shall reside severally at the towns of Sitka, Wrangle, Oona- 
lashka, and Juneau City, and they shall respectively be ex officio con- 
stables and executive officers or the commissioners' courts herein 
provided, and shall have the powers and discharge the duties of 
IJnited States deputy marshals, and those of constables under the laws 
of the State of ()regon now in force. 

Sec. 7. That the general laws of the State of Oregon now in force 
are hereby declared to be the law in said district, so far as the same 
may be applicable and not in conflict with the provisions of this act 
of the laws of the United States ; and the sentence of imprisonment in 
any criminal case shall be carried out by confinement in the jail or pen- 
itentiary hereinafter provided for. But the said district court shall 
have exclusive jurisdiction in all cases in equity or those involving a 
question of title to land, or mining rights, or the constitutionality of 
a law, and in all criminal oifenses which are capital. In all civil 
cases, at common law, any issue of fact shall be determined by a jury, 
at the instance of either party; and an appeal shall lie in any case, 
civil or criminal, from the judgment of said commissioners to the said 
district court where the amount involved in any civil case is two hun- 
dred dollars or more, and in any criminal case where a fine of more 
than one hundred dollars or imprisonment is imposed, upon the filing 
of a sufficient appeal bond by the party appealing, to be approved by 
the court or commissioner. Writs of error in criminal cases shall 
issue to the said district court from the United States circuit court for 
the district of Oregon in the cases provided in chapter one hundred 
and seventy-six of the laws of eighteen hundred and seventy-nine; 
and the jurisdiction thereby conferred upon circuit courts is hereby 
given to the circuit court of Oregon. And the final judgments or 
decre'es of said circuit and district court may be reviewed by the 
Supreme Court of the United States as in other cases. 

Sec. 8. That the said district of Alaska is hereby created a land 
district, and a United States land-office for said district is hereby 
located at Sitka. The commissioner provided for by this act to 
reside at Sitka shall be ex officio register of said land-office, and the 
clerk provided for by this act shall be ex officio receiver of public 
moneys and the marshal provided for by this act shall be ex officio 
surveyor-general of said district and the laws of the United States 
relating to mining claims, and the rights incident thereto, shall, from 
and after the passage of this act, be in full force and effect in said 
district, under the administration thereof herein provided for, sub- 
ject to such regulations as may be made by the Secretary of the 
Interior, approved by the. President : Provided, That the Indians or 



Alaska— 1884 241 

other persons in said district shall not be ^disturbed in the possession 
of any lands actually in their use or occupation or now claimed by 
them but the terms under which such persons may acquire title to 
such lands is reserved for future legislation by Congress: And pro- 
vided further, That parties who have located mines or mineral privi- 
leges therein under the laws of the United States applicable to the 
public domain, or who have occupied and improved or exercised acts 
of ownership over such claims, shall not be disturbed therein, but 
shall be allowed to perfect their title to such claims by payment as 
aforesaid : And provided also, That the land not exceeding six hun- 
dred and forty acres at any station now occupied as missionary sta- 
tions among the Indian tribes in said section, with the improvements 
thereon erected by or for such societies, shall be continued in the 
occupancy of the several religious societies to which said missionary 
stations respectively belong until action by Congress. But nothing 
contained in this act shall be construed to put in force in said district 
the general land laws of the United States. 

Sec. 9. That the governor, attorney, judge, marshal, clerk, and com- 
missioners provided for in this act shall be appointed by the Presi- 
dent of the United States, by and with the advice and consent of the 
Senate, and shall hold their respective offices for the term of four 
years, and until their successors are appointed and qualified. They 
shall severally receive the fees of office established by law for the 
several offices the duties of which have been hereby conferred upon 
them, as the same are determined and allowed in respect of similar 
offices under the laws of the United States, Avliich fees shall be 
reported to the Attorney-General and paid into the Treasury of the 
United States. They shall receive respectively the following annular 
salaries. The governor, the sum of three thousand dollars ; the attor- 
ne}^, the sum of two thousand five hundred dollars; the marshal, the 
sum of two thousand five hundred dollars; the judge, the sum of three 
thousand dollars ; and the clerk, the sum of two thousand five hun- 
dred dollars, payable to them quarterly from the Treasury of the 
United States. The District Judge, Marshal, and District Attorney 
shall be paid their actual, necessary expenses when traveling in the 
discharge of their official duties. A detailed account shall be ren- 
dered of such expenses under oath and as to the marshal and district 
attorney such account shall be approved by the judge, and as to his 
expenses bv the Attorney General. The commissioners shall receive 
the usual fees of United States commissioners and of justices of the 
peace for Oregon, and such fees for recording instruments as are 
allowed by the laws of Oregon for similar services, and in addition 
a salary of one thousand dollars each. The deputy marshals, in addi- 
tion to the usual fees of constables in Oregon, shall receive each a 
salary of seven hundred and fifty dollars, which salaries shall also 
be payable quarterly out of the Treasury of the United States. Each 
of said officials shall, before entering on the duties of his office, take 
and subscribe an oath that he will faithfully execute the same, which 
said oath may be taken before the judge of said district or any 
United States district or circuit judge. That all officers appointed 
for said district, before entering upon the duties of their offices, shall 
take the oaths required bv law and the laws of the United States, 
not locallv inapplicable to' said district and not inconsistent with the 
provisions of this act are hereby extended thereto; but there shall be 



242 Alaska— 1884 

no legislative assembly in said district, nor shall any Delegate be sent 
to Congress therefrom. And the said clerk shall execute a bond, with 
sufficient sureties, in the penalty of ten thousand dollars, for the 
faithful performance of his duties, and file the same with the Secre- 
tary of the Treasury before entering on the duties of hi-< office; and 
the commissioners snail each execute a bond, with sufficient sureties. 
in the penalty of three thousand dollars, for the faithful perform- 
ance of their duties, and file the same with the clerk before entering 
on the duties of their office. 

Sec. 10. That any of the public buildings in said district not 
required for the customs service or military purposes shall 1x3 used 
for court-rooms and offices of the civil government ; and the Secretary 
of the Treasury is hereby directed to instruct and authorize the cus- 
todian of said buildings forthwith to make such repairs to the jail 
in the town of Sitka, in said district, as will render it suitable for n 
jail and penitentiary for the purposes of the civil government hereby 
provided, and to surrender to the marshal the custody of said jad 
and the other public buildings, or such parts of said buildings as may 
be selected for court-rooms, offices, and officials. 

Sec. 11. That the Attorney-Cieneral is directed forthwith to com- 
pile and cause to be printed, in the English language, in pamphlet 
form, so much of the general laws of the United States as is appli- 
cable to the duties of the governor, attorney, judge, clerk, marshals, 
and commissioners appointed for said district, and shall furnish for 
the use of the officers of said Territory so many copies as may be 
needed of the laws of Oregon applicable to said district. 

Sec. 12. That the Secretary of the Interior shall select two of the 
officers to be appointed under this act, who, together with the gov- 
ernor, shall constitute a commission to examine into and report upon 
the condition of the Indians residing in said Territory, what lands, 
if any, should be reserved for their use, what provision shall be made 
for their education what rights by occupation of settlers should be 
recognized, and all other facts that may be necessary to enable Con- 
gress to determine what limitations or conditions should he imposed 
when the land laws of the United States shall be extended to said 
district; and to defray the expenses of said commission the sum of 
two thousand dollars is hereby appropriated out of any moneys in 
the Treasury not otherwise appropriated. 

Sec. lii. That the Secretary of the Interior shall make needful and 
proper provision for the education of the children of school age in 
the Territory of Alaska, without reference to race, until such time as 
permanent provision shall be made for the same, and the sum of 
twenty-five thousand dollars, or so much thereof as may be necessary 
is hereby appropriated for this purpose. 

Sec. 14. That the provisions of chapter three, title twenty-three, of 
the Revised Statutes of the United States, relating to the unorganized 
Territory of Alaska, shall remain in fidl force, except as herein spe- 
cially otherwise provided; and the importation manufacture and sale 
of intoxicating liquors in said district except for medicinal mechan- 
ical and scientific purposes is hereby prohibited under the penalties 
which are providecl in section nineteen hundred and fiftv-five of the 
Revised Statutes for the wrongful importation of distilled spirits. 
And the President of the United States shall make such regulations 
as are necessary to carry out the provisions of this section. 

Approved, May 17, 1884. 



Alaska— 1900 243 



CIVIL GOVERNMENT IN ALASKA— 1900 

I Fifty-sixth Congrkss, First Session] 

An Act making further provision for a civil government for Alaslca, and for 

otljer [)urposes. 

Be it enacted hy the Senate and Houne of Bepresentatwes of the 
United States of America in Congress assembled,, 

Title T 

chapter one 

Sec. 1. That the territory ceded to the United States by E.ns?sia by 
the treaty of March thirtieth, eighteen hundred and sixty-seven, and 
known as Alaska, shall constitute a civil and judicial district, the gov- 
ernment of which shall be organized and administered as hereinafter 
provided. The temporary seat of government of said district is here- 
by established at Juneau : Provided^ That the seat of govermnent 
shall remain at Sitka until suitable grounds and buildings thereon 
shall be obtained by purchase or otherwise at Juneau. 

Sec. 2. There shall be appointed for the district a governor, who 
shall reside therein during his term of office and be charged with the 
interests of the United States Government within the district. To 
the end aforesaid he shall have authority to see that the laws enacted 
for the district are enforced and to require the faithful discharge of 
their duties by the officials appointed to administer the same. He 
may also grant reprieves for offenses committed against the laws of 
the district or of the United States until the decision of the President 
thereon shall be made known. He shall be ex officio commander in 
chief of the militia of the district, and shall have power to call out 
the same when necessary to the due execution of the laws and to 
preserve the peace, and to cause all able-bodied citizens of the United 
States in the district to enroll and serve as such when the public 
exigency demands; and he shall perform generally in and over said 
district such acts as pertain to the office of governor of a Territory, 
so far as the same may be made or become applicable thereto. 

He shall, subject to the direction and approval of the Secretary of 
the Interior, advertise for and receive bids and, in behalf of the 
United States, contract from year to year with the responsible asylum 
or sanitarium west of the main range of the Rocky Mountains sub- 
mitting the lowest bid for the care and custody of persons legally 
adjudged insane in said district of Alaska; the cost of advertising 
for bids, executing the contract, and caring for the insane to be paid, 
until otherwise provided by law, by the Secretary of the Treasury, 
out of any money in the Treasury not otherwise appropriated, on 
accounts and vouchers duly approved by the governor and the Secre- 
tary of the Interior. 

The governor shall from time to time inquire into the operations of 
any person, company, association, or corporation authorized by the 
United States, by contract or otherwise, to kill seal or other fur-bear- 
ing animals in the district, and any and all violations by such person, 
company, association, or corporation of the agreement with the 



244 Alaska— 1900 

United States under which the operations are being conducted, and 
shall annually report to Congress the result of such mquiri&s. 

He shall make an annual report, on the first day of October in each 
year, to the President of the United States, of his official acts and 
doings, and of the condition of the district, with reference to its 
resources, industries, population, and the administration of the civil 
government thereof. And the President of the United States shall 
have power to review and to confirm or annul any reprieves granted 
or other acts done by him. 

The governor may appoint and commission one or more notaries 
public for the district, and appointments of notaries public heretofore 
made by him are hereby legalized, and all acts performed by them by 
virtue of their notarial commissions shall be for all purposes as valid 
as though the governor had at the time full and complete legal 
authority to appoint and commission them. 

Sec. 3. The surveyor-general of the district shall be ex officio secre- 
tary thereof, and as such shall be custodian of the district seal, which 
shall be provided by the Attorney-General. The surveyor-general, 
as ex officio secretarv of the district, shall perform the official duties 
required bv law to be performed by the secretary of a Territory of 
the United States, in so far as applicable to said district, and such 
other duties as may be required by law. 

Sec. 4. There is hereby established a district court for the district, 
which shall be a court of general jurisdiction in civil, criminal, 
equitv, and admiralty causes; and three district judges shall be 
appointed for the district, who shall, during their terms of office, 
reside in the divisions of the district to which they may be respec- 
tively assigned bv the President. 

The court shall consist of three divisions. The judge designated to 
preside over division numbered one shall, during his term of office, 
reside at Juneau, and shall hold at least four terms of court in the 
district each year, two at Juneau and two at Skagway, and the judge 
shall, as near January first as practicable, designate the time of hold- 
ing the terms during the current year. 

The judge designated to preside over division numbered two shall 
reside at Saint Michaels during his term of office, and shall hold at 
least one term of court each year at Saint Michaels, in the district, 
beginning the third Monday in June. 

The judge designated to preside over division numbered three shall 
reside at Eagle City during his term of office, and shall hold at least 
one term of court each year at Eagle City, in the district, beginning 
on the first Monday in July: Provided, The Attorney-General may 
for cause change the place of residence of the judge of either division 
of the court. 

Each of the judges is authorized and directed to hold such special 
terms of court as may be necessary for the public welfare or for the 
dispatch of the business of the court, at such times and places in the 
district as they or any of them, respectively, may deem expedient or 
as the Attorney-General may direct ; and each shall have authority to 
employ interpreters and to make allowances for the necessary ex- 
penses of his court, and to employ an official court stenographer under 
the same terms and conditions as are, or may be, provided for district 
courts of the United States. At least thirty days' notice shall be 



Alaska— 1900 245 

given by the judge or the clerk of the time and place of holding 
special terms of the court. 

Sec. 5. The jurisdiction of each division of the court shall extend 
over the district of Alaska, but the court in which the action is pend- 
ing may, on motion, change the place of trial in any action, civil or 
criminal, from one place to another place in the same division or to a 
designated place in another division in either of the following cases: 

First. When there is reason to believe that an impartial trial can 
not be had therein ; 

Second. When the convenience of witnesses and the ends of justice 
would be promoted by the change ; 

Third. WTien from any cause the judge is disqualified from acting; 
but in such event, if the judge of another division will appear and try 
the action, no change of place of trial must be made ; 

Fourth. By the court, on its own motion, when, considering avail- 
able means of travel, it appears that the defendant will be put to 
unnecessary expense and inconvenience if summoned to defend in the 
place or division in which the action has been commenced ; and when 
it appears to the satisfaction of the court, or judge thereof, that an 
action has been commenced in a place or division remote from the resi- 
dence of the defendant for the purpose of causing unnecessary ex- 
pense or inconvenience, the place of trial shall be changed at the cost 
of the plaintiff, and such costs shall not be recovered from the 
defendant. 

In any criminal prosecution the court shall change the place of trial 
where it appears to the satisfaction of the court that the defendant 
will not be prejudiced thereby and that the United States will be put 
to unnecessary expense in such criminal prosecution if the transfer is 
not made. 

Sec. 6. The respective judges of the court shall appoint, and at 
pleasure remove, clerks and commissioners in and for the district, who 
shall have the jurisdiction conferred by law in any part thereof, but 
who shall, during their terms of office, each reside at the place in the 
district designated in the respective orders of appointment. 

The commissioners shall be ex officio justices of the peace, recorders, 
and probate judges, and shall perform all the duties and exercise all 
the powers, civil and criminal, imposed or conferred on the United 
States commissioners by the general laws of the United States and the 
special laws applicable to the district. 

They shall also have power to grant writs of habeas corpus for the 
purpose of inquiring into the cause of restraint of liberty, which writs 
shall be made returnable before a district judge, and like proceedings 
shall be had thereon as if the same had been granted by the judge 
under the general laws of the United States in such cases. The 
commissioners shall also have the powers of notaries public, and shall 
keep a memorandum of all deeds and other instruments of writing 
acknowledged before them and relating to the title to or transfer of 
property within the district, which memorandum shall be subject to 
public inspection. And all records of instruments of writing hitherto 
made by any United States commissioner in the district of Alaska 
are hereby declared to be public records of such district and shall 
have the same force and effect as if recorded in conformity with the 
provisions of this Act. 



246 Alaska— 1900 

The commissioners shall also keep a record of all fines and for- 
feitures received by them, and shall pay over the same quarterly to 
the clerk of the division of the district court in which they were 
appointed. 

8ec. 7. Three clerks shall be appointed for the court, one of whom 
shall be assigned to each division thereof, and during his term of office 
reside at the })lace designated for the residence of the judge of such 
division. Each clerk shall, in his division of the district, perform the 
duties required or authorized by law to be performed by clerks of 
United States courts in other districts, and such other duties as may 
be prescribed by the laws of the United States relating to the district 
of Alaska. He shall preserve copies of all laws applicable to the dis- 
trict and shall preserve all records and record all proceeding and 
official acts of his division of the court. He shall also receive all 
moneys collected from licenses, fines, forfeitures, or in any other case, 
except from violations of the customs laws, and shall apply the same 
to the incidental expenses of the proper division of the district court 
and the allowance thereof as directed by the judge, and shall account 
for the same in detail and for any balances on account thereof quar- 
terly to and under the direction of the Secretary of the Treasury. 
He shall be ex officio recorder of instruments, as hereinafter provided, 
and also register of wills for the district, and shall establish secure 
offices where terms of his division of the court are held for the safe- 
keeping of his official records. 

Sec. 8. Three district attorneys shall be appointed for the district, 
to be assigned to the divisions thereof, who shall reside during their 
respective terms of office at the place designated as the residence of 
the judge of the division of the court to Avhich each of the district 
attorneys shall be assigned. They shall each perform the duties 
required to be performed by United States district attorneys in other 
districts, and such other duties as may be required by law. 

Each district attorney may, subject to the approval of the Attorney- 
General, appoint and at pleasure remove one or more assistant district 
attorneys, who shall receive such compensation as the Attorney-Gen- 
eral may fix, to be paid as other assistant United States district attor- 
neys are paid. In case of the death or disability of a district attorney 
the judge may appoint a suitable person to fill the office until his suc- 
cessor is appointed and qualified or until the disability is removed. 

Sec. 9. A marshal shall be appointed for each division of the dis- 
trict, and each marshal shall have authority and Ije required to 
appoint, subject to the approval of the Attorney-General, such 
deputy marshals as he may cleem necessary* for the efficient execution 
of the law and the orders of the court and of the commissioners 
appointed as herein provided. 

That when in the opinion of the Attorney-General the public 
interest requires it, he may, on the recommendation of the marshal, 
which recommendation shall state the facts as distinguished from con- 
clusions, showing necessity for the same, allow the marshals to 
employ necessaiy office deputies and clerical assistance, upon salaries 
to be fixed by the Attorney-General, from time to time, and paid as 
other officers of the court are paid. ^Vhen any of such office deputies 
is engaged in the service or attempted service of any writ, process, 
subpcena, or other order of the court, or when necessarily absent from 



Alaska— 1900 247 

the place of his regular employment upon official business, he shall 
be allowed his actual traveling expenses only, and his necessary and 
actual expenses for lodging and subsistence, not to exceed four dollars 
per day, and the necessary actual expenses in transporting prisoners, 
including necessary guard hire; and he shall make and render 
accounts thereof as provided for. 

Each marshal shall have the general authority and powers and be 
subject to the obligations of United States marshals in the States and 
Territories. He shall he the executive officer of the court, and charged 
with the execution of all processes thereof and with the transporta- 
tion and custody of prisoners and insane persons, and he shall be ex 
officio keeper of the jails and penitentiaries of the division of the dis- 
trict to which he may be assigned, and shall be responsible on his 
official bond for the acts of all deputy marshals appointed by him. 
In case of the death of a marshal the district judge shall appoint a 
suitable person to fill the vacancy until his successor is appointed and 
qualified. The persons so appointed shall give such bonds as the 
court may require. 

The marshal shall deliver persons duly adjudged insane in the dis- 
trict to the authorities of such asylum or sanitarium as the governor, 
with the approval of the Secretary of the Interior, may designate, 
and for the service of process in connection with and the guarding 
and trans])ortation of the insane he shall be compensated as in the 
case of prisoners. 

The deputy marshals shall be ex officio constables and executive 
officers of the commissioners herein provided for, and shall have the 
powers and discharge the duties of United States deputy marshals, 
and also those of constables, under the laws of the United States 
applicable to said district. 

Sec. 10. The governor, surveyor-general, attorneys, judges, and the 
marshals provided for in this Act shall be appointed by the President, 
by and wath the advice and consent of the Senate, and shall hold their 
respective offices for the term of four years or until their successors 
are appointed and qualified, unless sooner removed by the President 
for cause. 

The officers so appointed shall severally be entitled to receive annual 
compensation as follows: 

The governor, the sum of five thousand dollars; the surveyor-gen- 
eral and ex officio secretary of the district, as full compensation, four 
thousand dollars; the judges, each the sum of five thousand dollars; 
each marshal, the sum of four thousand dollars; the clerks, each the 
sum of three thousand five hundred dollars; the district attorneys, 
each three thousand dollars, the salaries payable from the Treasury of 
the United States, as like officers are paid in other districts. 

Each clerk shall collect all money arising from the fees of his office 
or on any other account authorized by law to be paid to or collected 
by him, and shall report the same and the disposition thereof in detail, 
under oath, quarterly, or more frequently if required, to the court, 
the Attorney-General, and the Secretary of the Treasury, and all pub- 
lic money received by him and his deputies for fees or on any other 
account shall be paid out by the clerk on the order of the court, duly 
made and signed by the judge, and any balance remaining in his 
hands after all payments ordered by the court shall have been made 



248 Alaska— WOO 

shall be by him covered into the Treasury of the United States at 
such times and under such rules and regulations as the Secretary of 
the Treasury nuiy prescrilx*. The clerk m.iy employ necessary clerical 
help with the approval and at comi)ensatioii to 1k> fixed by the court to 
aid him in the expeditious discharge of the business of his office. Any 
person so employed shall be paid by the clerk on the order of the court, 
as other court expenses are paid. 

The governor, surveyor-general, marshals, judges, clerks of court, 
and district attorneys shall, in addition to their salaries, be paid their 
actual traveling and subsistence expenses when traveling in the dis- 
charge of their official duties. Accounts for such exjjenses shall be 
rendered and paid as are accounts of judges, marshals, clerks, and 
district attorneys for like expenses in other districts. 

In case of the death, removal, resignation, or absence of the gov- 
ernor from the district, the surveyor-general as ex officio secretary of 
the district shall have, and he is hereby authorized and required to 
execute and perform, all the powers and duties of the governor during 
such vacancy or absence, or until another governor shall be appointed 
to fill such vacanc3\ 

Sec. 11. An accurate detailed account of all fees received and dis- 
bursements made by commissioners and deputy marshals shall be filed 
quarterly with the clerk for the proper division of the district court 
and apjjroved by the judge thereof, if found to be in accordance with 
law ; and all net fees received in excess of the sum of three thousand 
dollars per annum by any commissioner or deputy marshal shall Ix' 
annually ])aid to the clerk of the proper division of the court and by 
him paid into the Treasury of the United States, such payment to be 
accompanied by a verified detailed statement of such deputy or com- 
missioner. 

Sec. 12. The clerks of the court shall each, before entering upon 
the duties of his office, execute a bond, with sufficient sureties, to be 
approved by the Secretary of the Treasury, or the court or a judge 
thereof, in the ])enalty of twenty thousand dollars, for the faithful 
performance of his official duties, and file the same with the Attorney- 
General ; and each commissioner shall, before entering upon the duties 
of his office, execute a bond, with sufficient sureties, to be approved 
by the court, or a judge thereof, in the penalty of one thousand dol- 
lars, for the faithful performance of his official duties, and file the 
same with the clerk, who shall send a certified copy thereof to the 
Attorney-General. 

Sec. 13. The judges of the district, or a majority of them, shall, as 
soon as practicable after their appointment, meet, and by appropriate 
order, to be thereafter entered in each division of the court, divide 
the district into three recording divisions, designate the division of the 
court to supervise each, and also define the boundaries thereof by 
reference to natural objects and permanent landmarks or monuments, 
in such manner that the boundaries of each recording division can be 
readily determined and become generally known from such descrip- 
tion, which order shall be given publicity in such manner by posting, 
publication, or otherwise as the judges or any division of the court 
may direct, the necessary expense of the publication of such order and 
description of the recording divisions to be allowed and paid as other 
court expenses. 



Alaska— 1900 249 

At any regular or special term an order may be made by the court 
establishing one or more recording districts within the recording divi- 
sion under the supervision of such division of the court and defining 
the boundaries thereof by reference to natural objects and permanent 
landmarks or monuments, in such manner that the boundaries thereof 
can be readily determined. 

The order establishing a recording district shall designate a commis- 
sioner to be ex officio recorder thereof, and shall also designate the 
place where the commissioner shall keep his recording office within 
the recording district: 

Provided, The clerk of the court shall be ex officio recorder of all 
that portion of the recording division under the supervision of his 
division of the court not embraced within the limits of a recording 
district established, bounded, and described therein as authorized by 
this Act, and when any part of the division for which a clerk has been 
recording shall be embraced in a recording district, such clerk shall 
transcribe that portion of his records appertaining to such district 
and deliver the same to the commissioner designated as recorder 
thereof. 

Wlienever it appears to the satisfaction of the court that the public 
interests demand, or that the convenience of the people require, the 
court may change or modify the boundaries or discontinue a recording 
district or change the location of the recording office, or remove the 
commissioner acting as ex officio recorder, and appoint another com- 
missioner to fill the office. 

Sec. 14. The clerk as ex officio recorder must procure such books 
for records as the business of his office requires and such as may be 
required by the respective commissioners designated as recorders in 
his division of the court, but orders for the same must first be obtained 
from the court or the judge thereof. The respective officers acting as 
ex officio recorders shall have the custody and must keep all the books, 
records, maps, and papers deposited in their respective offices, and 
where a recorder is removed or from any cause becomes unable to act, 
or a recording district is discontinued, the records and all books, 
papers, and property relating thereto shall be delivered to the clerk 
or such officer or person as the court or judge thereof may direct. 

The record books procured by the clerk, as herein provided, shall be 
paid for by him, on the order of the court, out of any moneys in his 
hands, as other court expenses are paid. 

Sec. 15. The respective recorders shall, upon the payment of the 
fees for the same prescribed by the Attorney-General, record sepa- 
rately, in large and well-bound separate books, in fair hand : 

First. Deeds, grants, transfers, contracts to sell or convey real estate 
and mortgages of real estate, releases of mortgages, powers of attor- 
ney, leases which have been acknowledged or proved, mortgages upon 
personal property; 

Second. Certificates of marriage and marriage contracts and births 
and deaths; 

Third. Wills devising real estate admitted to probate; 

Fourth. Official bonds; 

Fifth. Transcripts of judgments which by law are made liens upon 
real estate; 

Sixth. All orders and judgments made by the district court or the 



250 Alaska— 1900 

commissioners in probate matters affecting real estate which are 
i*equired to be recorded ; 

heventh. Notices and declaration of water rights; 

Eighth, Assignments for the benefit of creditors; 

Ninth. Affidavits of annual work done on mining claims; 

Tenth. Notices of mining location and declaratory statements; 

Eleventh. Such other writings as are required or permitted by 
law to be recorded, including the liens of mechanics, laborers, and 
others: Proridcd, Notices of location of mining claims shall l)e filed 
for record within ninety days from the date of the discovery of the 
claim descriln^d in the notice, and all instruments shall be recorded in 
the recording district in which the property or subject-matter affected 
by the instrument is situated, and where the property or subject- 
matter is not situated in any established recording district the instru- 
ment affecting the same shall be recorded in the office of the clerk of 
the division of the court having supervision over the recording divi- 
sion in which such property or subject matter is situated. 

Sec. 10. Any clerk or commissioner authorized to record any 
instrument who having collected fees for so doing fails to record such 
instrument shall account to his successor in office, or to such person as 
the court may direct, for all the fees received by him for recoiding 
any instrument on file and unrecorded at the expiration of his official 
tet*m, or at the time he is required to transfer his records to another 
officer under the direction or the court. And any clerk or commis- 
sioner who fails, neglects, or refuses to so account for fees received 
and not actually earned by the recording of [an] instrument shall be 
deemed guilty of a misdemeanor, and on conviction thereof shall be 
fined not less than one hundred dollars nor more than (me thousand 
dollars, and imprisoned for not more than one year, or until the 
fees received and unearned as aforesaid shall have been properly 
accounted for and paid over by him, as hereinbefore provided. And 
in addition such fees may be recovered from such clerk or commis- 
sioner or the bondsmen of either, in a civil action which shall be 
brought by the district attorney, in the name of the United States, to 
recover the same; and the amount when recovered shall be by the 
court transferred to the successor in office of such recorder, who shall 
thereupon proceed to record the unrecorded instruments: Provided^ 
Miners in any organized mining district may make rules and regula- 
tions governing the recording of notices of location of mining claims, 
water rights, flumes and ditches, mill sites and affidavits of labor, not 
in conflict with this Act or the general laws of the United States; and 
nothing in this Act shall be construed so as to prevent the miners in 
any regularly organized mining district not w ithin any recording dis- 
trict established by the court from electing their own mining recorder 
to act as such until a recorder therefor is appointed by the court: 
Prorided further^ All records heretofore regidarly made by the 
United States commissioner at Dyea, Skagway, and the recorder at 
Douglas City, not in conflict with any records regularly made with 
the Ignited States commissioner at Juneau, are hereby legalized. And 
all records heretofore made in good faith in any regidarly organized 
mining district are hereby made public records, and the same shall be 
delivered to the recorder for the recording district including such min- 
ing district within six months frbm the passage of this Act. 



Alaska— 1900 251 

Sec. it. Every person appointed a.s a notary public must at the 
time of his appointment be a resident of the district and must con- 
tinue to reside therein during his term of office. Removal from the 
district vacates his office and is equivalent to resignation. 

The term of office of a notary public shall be four years from and 
after the date of his commission, but he may be sooner removed by the 
governor for misconduct in office. 

Sec. 18. It shall be the duty of a notary public — 

First. When requested, to demand acceptance and payment of for- 
eign, domestic, and inland bills of exchange, or promissory notes, and 
protest the same for nonacceptance and nonpayment, and to exercise 
such other powers and duties as by the law of nations and according 
to commercial usages or by the laws of any State, government, or 
country may be performed by notaries, and keep a record of such acts. 

Second. To take acknowledgment or proof of powers of attorney, 
deeds, mortgages, grants, transfers, and other instruments of writing 
executed by any person and to give a certificate of such proof or 
acknowledgment indorsed or attached to the instrument. 

Third. To take depositions and affidavits and administer oaths and 
affirmations in all matters incident to the duties of the office or to be 
used before any court, judge, or officer. 

Fourth. When requested and upon payment of his fees therefor to 
make and give a certified copy of any record in his office. 

Fifth. To provide and keep an official seal, upon which must be 
engraved the name of the district and the words '* Notary Public," 
with the surname of the notary and at least the initials of his 
Christian name. 

Sec. 19. The protest of a notary public under his hand and seal of 
a bill of exchange or promissory note for nonacceptance or nonpay- 
ment, stating the presentment for acceptance or payment and the non- 
acceptance or nonpayment thereof, the service of notice on any and 
all parties to such bill of exchange or promissorj^ note and specifying 
the mode of giving such notice and the reputed place of residence of 
the party to such bill of exchange or promissory note and of the party 
to whom same w^as given and the post-office nearest thereto is prima 
facie evidence of the facts contained therein. 

Sec. 20. It shall be the duty of every notary public, on his resigna- 
tion or removal from office or at the expiration of his term and in case 
of his death of his legal representative, to forthwith deposit all the 
records kept by him in the office of the clerk of the division of the dis- 
trict court in which he resides, and on failure to do so the person so 
offending is liable in damages to any person injured thereby. 

Sec. 21. It shall be the duty of each clerk aforesaid to receive and 
safely keep all records and papers of the notary in each case above 
named and to give attested copies of them under his seal, for which 
he may demand such fees as by law may be allowed to the notaries, 
and such copies shall have the same effect as if certified by the notary. 

Sec. 22. Each notary must execute an official bond in the sum of 
one thousand dollars, which bond must be approved by the clerk of 
the division of the district court located nearest his residence. 

Sec. 23. Each notary public, upon approval of his official bond, so 
soon as he has taken his official oath, must transmit such bond and 
oath, signed by him with his own proper signature to the office of the 



252 Alaska— 1900 

secretary of the district, whereupon the governor must issue a 
commission. 

Sec. 24. For the official misconduct or neglect of a notary public, 
he ajid sureties on his official bond are liable to the parties injured 
thereby for all damages sustained. 

Sec' 25. The officers properly qualified and actually discharging 
official duties in the district at tiie time of the approval of this Act 
may continue to act in their respective official capacities until the 
expiration of the terms for which they were respectively appointed 
unless sooner removed. 

Sec. 26. The laws of the United States relating to mining claims, 
mineral locations, and rights Incident thereto are nereby extended to 
the District of Alaska: Provided, That subject only to such general 
limitations as may be necessary to exempt navigation from artificial 
obstructions all land and shoal water between low and mean high tide 
on the shores, bays, and inlets of Bering Sea, within the jurisdiction 
of the United States, shall be subject to exploration and mining for 
gold and other precious metals by citizens of the United States, or 
persons who have legally declared their intentions to become such, 
under such reasonable rules and regulations as the miners in organ- 
ized mining districts may have heretofore made or may hereafter 
make governing the temporary possession thereof for exploration 
and mining purposes until otherwise provided by law: Provided 
further^ That the rules and regulations established by the miners 
shall not lie in conflict with the mining laws of the United States; 
and no exclusive permit shall be granted by the Secretary of War 
authorizing any person or persons, corporation or company to exca- 
vate or mine under any of said waters below low tide, and if such 
exclusive permit has been granted it is hereby revoked and declared 
null ajid void ; but citizens of the United States or persons Avho have 
legally declared their intention to become such shall have the right 
to dredge and mine for gold or other precious metals in said waters, 
Iwlow low tide, subject to such general rules and regulations as the 
Secretary of War may prescribe for the preservation of order and 
the protection of the interests of commerce; such rules and regula- 
tions shall not, however, deprive miners on the beach of the right 
hereby given to dump tailings into or pump from the sea oppo- 
site their claims, except where such dumping would actually ob- 
struct navigation, and the reservation of a roadway sixty feet wide, 
under the tenth section of the Act of May fourteenth, eighteen 
hundred and ninety-eight, entitled "An Act extending the homestead 
laws and providing for right of way for railroads in the District of 
Alaska, and for other purposes," shall not apply to mineral lands or 
town sites. 

Sec. 27. The Indians or persons conducting schools or missions in 
the district shall not be disturbed in the possession of any lands now 
actually in their use or occupation, and the land, at any station not 
exceeding six hundred and forty acres, now occupied as missionary 
stations among the Indian tribes in the section, with the improvements 
thereon erected by or for such societies, shall be continued in the occu- 
pancy of the several religious societies to which the missionary sta- 
tions respectively belong, and the Secretary of the Interior is hereby 
directed to have such lands surveyed in compact form as nearly as 



Alaska— 1900 253 

practicable and patents issued for the same to the several societies to 
which they belong; but nothing contained in this Act shall be con- 
strued to put in force in the district the general land laws of the 
United States. 

Sec. 28. The Secretary of the Interior shall make needful and 
proper provision and regulations for the education of the children 
of school age in the district of Alaska, without reference to race and 
their compulsory attendance at school, until such time as permanent 
provision shall be made for the same.* 

<i The remainder of this act occupies over two hundred pages of the Statutes 
at Large (vol. 31, pp. 321-552). 

7251— VOL 1— <)7 19 



ARIZONA 



For organic acts issued before 1853 relating to the land now included vvitliin 
Arizona, see in this work : 

Treaty of Cession with Mexico, 1848 (California, p. 377). 

Territorial Government of New Mexico, 1850 (New Mexico, p. 'J<»15). 

TREATY WITH MEXICO— 1853 

CoiwJuded, December SO, 1853; rati/icati(}ii.s cxchauijed ut Waffhint/toii, June ,S0, 
185 ft; proclaimed, June 30, 185.'/. 

In the name of Almighty God : 

The Republic of Mexico and the United States of America, desii'injx 
to remove every cause of disagreement which might interfere in any 
manner with the better friendship and intercourse between the two 
countries, and especially in respect to the true limits which should be 
established, when, notwithstanding what was covenanted in the treaty 
of Guadalupe Hidalgo in the year 1848, opposite interpretations have 
been urged, which might give occasion to questions of serious moment ; 
to avoid these, and to strengthen and more firmly maintain the peace 
which happily prevails between the two republics, the President of 
the United States has, for this purpose, appointed James Gadsden. 
Envoy Extraordinary and Minister Plenipotentiary of the same, near 
the Mexican government, and the President of Mexico has appointed 
as Plenipotentiary "wrZ hoe'' his excellency Don Manuel Diez de 
Bonilla, cavalier grand cross of the national and distinguished order 
of Guadalupe, and Secretary of State, and of the office of Foreign 
Relations, and Don Jose Salazar Ylarregui and General Mariano 
Monterde as scientific commissioners, invested with full powers for 
this negotiation, who, having communicated their respective full 
powers, and finding them in due and proper form, have agreed upon 
the articles following: 

Articee I 

The Mexican Republic agrees to designate the following as her true 
limits with the United States for the future: retaining the same 
dividing line between the two Californias as already defined and 
established, according to the 5th article of the treaty of Gujidalupc 
Hidalgo, the limits between the two republics shall be as follows: 
Beginning in the Gulf of Mexico, three leagues from land, opposite 
the mouth of the Rio Grande, as provided in the 5th article of the 
treaty of Guadalupe Hidalgo; thence, as defined in the said article, 
up the middle of that river to the point where the parallel of 81° 47' 
north latitude crosses the same; thence due west one hundred miles; 

255 



256 Arizona— 185S 

thence south to the parallel of 31° 20' north latitude; thence along 
the said parallel of 31° 20' to the 11 1th meridian of longitude west 
of Greenwich; thence in a straight line to a point on the Colorado 
River twenty English miles below the junction of the Gila and Colo- 
rado Rivers; thence up the middle of the said river Colorado until 
it intersects the present line Ix^tween the United States and Mexico. 

For the performance of this j)ortion of the treaty, each of the two 
governments shall nominate one commissioner, to the end that, by 
common consent the two thus nominated, having met in the city of 
Paso del Norte, three months after the exchange of the ratifications 
of this treaty, may proceed to survey and mark out upon the land the 
dividing line stipulated by this article, where it shall not have 
already been surveyed ancl established by the mixed commission, 
according to the treaty of Guadalupe, keeping a journal and making 
proper plans of their operations. For this purpose, if they should 
judge it necessary, the contracting parties shall Ixi at lil)erty each to 
unite to its respective commissioner, scientific or other assistants, such 
as astronomers and surveyors, whose concurrence shall not be con- 
sidered necessary for the settlement and ratification of a true line of 
division l)etween the two Republics; that line shall be alone estab- 
lished upon which the commissioners may fix, their consent in this 
particular l>eing considered decisive and an integral part of this 
treaty, without necessity of ulterior ratification or approval, and 
Avithout room for interpretation of any kind by either of the parties 
contracting. 

The dividing line thus established shall, in all time, l)e faithfully 
respected by the two governments, without any variation therein, 
unless of the express and free consent of the two, given in conformity 
to the principles of the law of nations, and in accordance with the 
constitution of each country respectively. 

In consequence, the stipulation in the 5th article of the treaty of 
(iuadalupe upon the boundary line therein described is no longer of 
any force, wherein it may conflict with that here established, the said 
line l)eing considered annulled and abolished Avherever it may not 
coincide with the present, and in the same manner remaining in full 
force where in accordance with the same. 

Article II 

The government of Mexico hereby releases the United States from 
all liability on account of the obligations contained in the eleventh 
article of the treaty of Guadalupe Hidalgo ; and the said article and 
the thirty-third article of the treaty of amity, commerce, and naviga- 
tion between the United States of America and the United Mexican 
States concluded at Mexico, on the fifth day of April, 1831, are 
hereby abrogated. 

Article III 

In consideration of the foregoing stipulations, the Government of 
the United States agrees to pay to the government of Mexico, in the 
city of Xew York, tlie sum of ten millions of dollars, of which seven 
millions shall he paid immediately upon the exchange of the ratifi- 
cations of this treaty, and the remaining three millions as soon as the 
boundary line shall be surveyed, marked, and established. 



Arizona — 18S3 257 

Article IV 

The provisions of the 0th and 7th articles of the treaty of Guada- 
lupe Hidalgo having been rendered nugatory, for the most part, by 
the cession of territory granted in the first article of this treaty, the 
said articles are hereby abrogated and annulled, and the provisions 
as herein expressed substituted therefor. The vessels, and citizens of 
the United States, shall, in all time, have free and uninterrupted 
passage through the Gulf of California, to and from their posses- 
sions situated north of the boundarv line of the two countries. It 
being understood that this passage is to be by navigating the Gulf 
of California and the river Colorado, and not bv land, without the 
express consent of the Mexican government ; and precisely the same 
provisions, stipulations, and restrictions, in all respects, are hereby 
agreed upon and adopted, and shall be scrupulously observed and 
enforced by the two contracting governments in reference to the Rio 
Colorado, so far and for such distance as the middle of that river is 
made their common boundary line by the first article of this treaty. 

The several provisions, stipulations, and restrictions contained in 
the 7th article of the treaty of Guadalupe Hidalgo shall remain in 
force only so far as regards the Rio Bravo del Norte, below the 
initial of the said boundary provided in the first article of this treaty ; 
that is to say, below the mtersection of the 31° 47' 30'' parallel of 
latitude, wuth the boundary line established by the late treaty divid- 
ing said river from its mouth upwards, according to the firth arti- 
cle of the treaty of (iruadalupe. 

Article V 

All the provisions of the eighth and ninth, sixteenth and seven- 
teenth articles of the treaty of Guadalupe Hidalgo, shall applv to 
the territory ceded by the Mexican Republic in the first article of the 
present treaty, and to all the rights of persons and property, both civil 
and ecclesiastical, within the same, as fully and as effectually as if 
the said articles were herein again recited and set forth. 

Article VI 

No grants of land within the territory ceded by the first article of 
this treaty bearing date subsequent to the day — twenty-fifth of 
September — when the minister and subscriber to this treaty on the 
part of the United States, proposed to the Government of Mexico to 
terminate the question of boundary, will be considered valid or be 
recognized by the United States, or will any grants made previously 
be respected or be considered as obligatory which have not been 
located and duly recorded in the archives of Mexico. 

Article VII 

Should there at any future period (which God forbid) occur any 
disagreement between the two nations which might lead to a rupture 
of their relations and reciprocal peace, they bind themselves in like 
manner to procure by every possible method the adjustment of 
every difference ; and should they still in this manner not succeed, 



258 Arizona— 1853 

never Avill they proceed to a declaration of war, without having" pre- 
viously paid attention to what has been set forth in article twenty-one 
of the treaty of Guadalupe for similar cases; which article, as well 
as the twenty-second, is here reaffirmed. 

Article VIII 

The Mexican Government having on the 5th of February, 1853, 
authorized the early construction of a plank and railroad across the 
Isthnuis of Tehuantepec, and, to secure the stable benefits of said 
transit way to the persons and merchandise of the citiztMis of Mexico 
and the United States, it is stipulated that neither government will 
interpose any obstacle to the transit of i)ersons and merchandise of 
both nations; and at no time shall higher charges he made on the 
transit of persons and property of citizens of the United States, 
than may be made on the persons and property of other foreign 
nations, nor shall any interest in said transit way. nor in the ])roceeds 
thereof, be transferred to any foreign government. 

The United States, by its agents, shall have the right to transport 
across the isthnuis, in closed bags, the mails of the United States not 
intended for distribution along the line of communication; also the 
effects of the United States government and its citizens, which may 
be intended for transit, and not for distribution on the isthmus, free 
of custom-house or other charges by the Mexican government. 
Neither passports nor letters of security will be required of persons 
crossing the isthmus and not remaining in the country. 

A\Tien' the construction of the railroad shall be completed, the 
Mexican government agrees to open a port of entry in addition to the 
port of Vera Cruz, at or near the terminus of said road on the Gulf 
of Mexico. 

The two governments will enter into arrangements for the prompt 
transit of troops and munitions of the United States, which that gov- 
ernment may have occasion to send from one part of its territory to 
another, lying on opposite sides of the continent. 

The Mexican government having agreed to protect with its whole 
power the prosecution, preservation, and security of the work, the 
United States may extend its protection as it shall judge wise to it 
when it may feel sanctioned and warranted by the public or inter- 
national law. 

Article IX 

This treaty shall be ratified, and the respective ratifications shall 
be exchanged at the city of Washington within the exact period of 
six months from the date of its signature, or sooner, if possible. 

In testimony whereof, we, the plenipotentiaries of the contracting 
parties, have hereunto affixed our hands and seals at Mexico, the thir- 
tieth (30th) day of December, in the year of our Lord one thousand 
eight hundred and fifty-three, in the thirty-third year of the inde- 
pendence of the Mexican republic, and the seventy-eighth of that of 
the United States. 

James Gadsden, [l. s.] 

Manuel Diez de Bonilla, [l. s.] 
Jose Salazar Ylarregui, [l. s.] 
J. Mariano Monterde, [l. s.] 



Arizona — 1863 259 

TERRITORIAL GOVERNMENT OF ARIZONA— 1863 « 

[Thirty-seventh Congress. Third Session] 

An Act to provide a temporary Government for the Territory of Arizona, and for 

other Purposes 

Be it enacted hy the Senate and House of Representatives of tlie 
United States of America in Congress assembled, That all that part 
of the present Territory of New Mexico situate west of a line running 
due south from the point where the southwest corner of the Territory 
of Colorado joins the northern boundary of the Territory of New 
Mexico to the southern boundary line of said Territory of New 
Mexico be, and the same is hereby, erected into a temporary govern- 
ment by the name of the Territory of Arizona : Provided, That noth- 
ing contained in the provisions of this act shall be construed to 
prohibit the Congress of the United States from dividing said Terri- 
tory or changing its boundaries in such manner and at such time as 
it may deem proper: Provided, further, That said government shall 
be maintained and continued until such time as the people residing in 
said Territory shall, with the consent of Congress, form a State gov- 
ernment, republican in form, as prescribed in the Constitution of the 
United States, and apply for and obtain admission into the Union as 
a State, on an equal footing with the original States. 

Sec. 2. And he it further enacted. That the government hereby 
authorized shall consist of an executive, legislative, and judicial 
power. The executive power shall be vested in a govertior. The 
legislative power shall consist of a council of nine members, and a 
house of representatives of eighteen. The judicial power shall be 
vested in a supreme court, to consist of three judges, and such inferior 
courts as the legislative council may by law prescribe; there shall 
also be a secretary, a marshal, a district attorney, and a surveyor- 
general for said Territory, who, together with the governor and 
judges of the supreme court, shall be appointed by the President, by 
and with the advice and consent of the Senate, and the term of office 
for each, the manner of their appointment, and the powers, duties, 
and the compensation of the governor, legislative assembly, judges of 
the supreme court, secretary, marshal, district attorney, and surveyor- 
general aforesaid, with their clerks, draughtsman, deputies, and ser- 
geant-at-arms,'shall be such as are conferred upon the same officers by 
the act organizing the Territorial government of New Mexico, which 
subordinate officers shall be appointed in the same manner, and not 

o For other statutes of an organic nature relating to Arizona subsecjuent to 
1868. see an act to regulate elective franchise in, January 25, 1867; to prohibit 
special acts of incorix»ration, March 2. 1867; to confirm apiK)rtioninent and to 
amend certain laws of. March 23, 1870; to limit the duration of legislative ses- 
sions and to fix the pay of members, .January 2;*,. 1873 ; to empower legislative 
assembly to pass general laws for the incorporation of certain companies. .Tune 
10, 1872 ; to fix the nature of governor's veto power. .July 10. 1876 : to fix number 
of members and compensation of each house of legislature. .Tune 10. 1878. .Tune 
27, 1879 ; to limit legislature's power to pass special acts of incoriwration. March 
.':. 1885; to prohibit many forms of special legislation. ,Tuly .30. 1886: to i)ermit 
the erection of counties. July 10. 1888; to give control over liquor traffic. August 
8. 1890 ; to provide for appeals to TTnlted States circuit court of api)eals, March 
3, 1891. 



260 Arizona— 1863 

exceed in number those created by said act; and act«; amendatory 
thereto, together with all legislative enactments of the Territory oi 
New Mexico not inconsistent with the provisions of this act, are 
hereby extended to and continued in force in the said Territory of 
Arizona, until repealed or amended by future legislation: Provided, 
That no salary shall be due or paid the officers created by this act until 
ihey have entered upon the duties of their respective offices within the 
said Territory. 

Sec. 3. And he it further enacted^ That there shall neither be slav- 
ery nor involuntary servitude in the said Territory, otherwise than 
in the punishment of crimes, whereof the parties shall have been 
duly convicted ; and all acts and parts of acts, either of Congress or 
of the Territory of New Mexico, establishing, regulating or in any 
way recognizing the relation of master and slave in said Territory, 
are hereby repealed. 

Approved, February 24, 1863. 



ENABLING ACT FOR ARIZONA AND NEW MEXICO— 1906 

(See OklaUoma. p. 29tM>.) 



ARKANSAS 

For organic acts issued before 1817 relating to tlie land now included within 
Arliansas, see in this vvorlt : 

Treaty Ceding Louisiana, 1808 (Louisiana, p. 135J>). 
The District of Louisiana, 18()4 (Louisiana, p. 1364). 
The Territory of Louisiana, 1805 (Louisiana, p. 1371). 
The Territory of Missouri, 1812 (Missouri, p. 21,39). 

TERRITORIAL GOVERNMENT OF ARKANSAS— 1819 « 

I F'lFTEENTii Congress, Second Session | 

An Act establishing a separate territorial government in the southern i)art of 
the Territorj' of Missouri 

Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That, from and 
after the fourth day of July next, all that part of the Territory of 
Missouri which lies south of a line beginning on the Mississippi 
River, at thirty-six decrees north latitude, running thence west to 
the river Saint Frangois; thence, up the same, to thirty-six degrees 
thirty minutes north latitude ; and thence, west, to the western terri- 
torial boundary-line; shall, for the purposes of a territorial govern- 
ment, constitute a separate Territory, and be called the Arkansaw 
Territory. 

Sec. 2. And he it further enacted, That there shall be established 
in the said Territory of Arkansaw, a temporary government, to 
consist of three departments, the executive, the legislative, and the 
judiciary. 

Sec. 3. And he it further enacted, That the executive power shall 
be vested in a governor, who shall reside in the said Territory, and 
shall hold his office during three years, unless sooner removed by the 
President of the United States; he shall be commander-in-chief of 
the militia of said Territory, shall have power to appoint and com- 
mission all officers required by law to be appointed for said Territory, 
whose appointments are not otherwise provided for by this act; shall 

o For other statutes of an organic nature relating to Arkansas subsequent to 
1819, see the act to declare the provisions of eai'lier laws resi>ecting Missouri 
Territory in force in Arkansas, April 24, 1820; to fix the western boundary 
of, May 26, 1824; to reorganize the courts and permit the erection 'of counties, 
April 17, 1828; to mark boundary with Louisiana, M:iy 19. 1828; to pay salaries 
of legislative council and of officers, JLiy 24. 1828; to authorize citizens to 
elect officers, and giving governor a qualified veto upon the action of the two 
houses of the legislature, January 21, 1829; to appoint a brigadier-general over 
the militia, April 1.'), 1&30; to authorize the courts to revei-se certain decisions, 
May 8, 1830; to authorize governor to appoint to certain vacancies. May 8, 18.30; 
to define qualifications of electors. May 31, 1832; to increase salaries of judges, 
June 30, 1834. 

261 



262 Arkansas- 1 SI 9 

take care that the hnvs he faitlifiilly exeeuted; shall have power to 
grant pardons for ofl'enses against the said Territory, and reprieves 
for those against the United States, until the decision of the President 
thereon shall have been made known; shall, on extraordinary occa- 
sions, have power to convene the general assembly, hereinafter pro- 
videtl for, after one shall have l)een organized in conformity to law ; 
shall, ex-officio, l)e suj)erintendent of Indian aifairs, and shall have 
.such other powers, and perform such further duties, as are by law. 
given to, and imi)osed on, the governor of the Missouri Territory, in 
all cases in whicli they shall become legally applicable to the Terri- 
tory of Arkansaw. 

Sec. 4. And be it further enacted, That there shall be a secretary 
for the said Territory, Avho shall reside therein and continue in 
office for the term of four years, unless sooner removed by the Presi- 
dent ; he shall jierform all the duties imposed on the secretary for 
the Territory of Missouri, by an act of Congress of the fourth of 
June, eighteen hundred and twelve, entitled ''An act providing foi- 
the government of Missouri." 

Sec. 5. And he it further enaeted, That the legislative power shall", 
until the organization of the general assembly, hereinafter provided 
for, be vested in the governor and the judges of the sui)erior court 
of the Territory, who shall have power to jiass any law for the ad- 
ministration of justice in said Territory, which shall not be repug- 
nant to this act, or inconsistent with the Constitution of the United 
States: Provided, That whenever the general assembly shall be 
organized, all the legislative power of the Territory shall l)e vested 
in, and be exercised by, the said general assembly. 

Sec. C. And he it further enacted, That so much of the act of Con- 
gress of the fourth of June, eighteen hundred and twelve, entitled 
"An act providing for the government of the Territory of Missouri," 
as relates to the organization of a general assembly therein, pre- 
scribes the powers and privileges thereof, the mode of election, and 
period of service, of the members thereof, and defines the qualifica- 
tions and privileges of the electors and elected, shall be in full force 
and operation in the Arkansaw Territory, to the extent of its appli- 
cation, so soon as the governor thereof shall be satisfied that such is 
the desire of a majority of the freeholders thereof, and not until 
then: Provided, That until there shall be five thousand free white 
males, of the age of twenty-one 3'ears and upwards, resident in the 
said Territory, the whole number of representatives shall not exceed 
nine. 

Sec. 7. And he it further enacted, That the judicial power of the 
Territory shall be vested in a superior court, and in such inferior 
courts as the legislative department of the Territory shall, from time 
to time, institute and establish, and in justices of the peace. The 
superior court shall be composed of three judges, who shall reside in 
the Territory, and continue in office for the term of four years, unless 
sooner removed by the President. The superior court shall have 
jurisdiction in all criminal and penal cases, and exclusive cognizance 
of all capital cases, and shall have and exercise original jurisdiction, 
concurrently with the inferior courts, and exclusive appellate juris- 
diction in all civil cases in which the amount in controversy shall be 
one hundred dollars or upwards. The superior court shall be holden 



Arkansas — 1819 263 

at such times and place, or places, as the legislative department shall 
direct, and continue in session until the Dusiness therein shall be 
disposed of, or as long as shall be prescribed by law. Provided, 
That any two of the judges shall constitute a court of appellate, and 
any one a court of original, jurisdiction. 

Sec. 8. And he it further enacted, That the governor, secretary, 
judges, and all other officers, of the Territory, civil and military, 
shall, before they enter on the duties of their respective offices, take an 
oath or affirmation to support the Constitution of the United States, 
and to discharge, with fidelity, the duties of their offices; the gov- 
ernor, before a judge of the supreme or district court of the United 
States, or a judge of the superior court of the said Territory; the 
secretary and judges, before the said governor, or a judge of the 
supreme or district court of the United States ; and all other officers, 
before the governor, or any of the judges of the supreme or inferior 
courts, or justices of the peace, of said Territory. 

Sec. 9. And he it further enacted, That the governor, secretary, and 
judges of the superior court authorized for said Territory, during the 
temporary government thereof, shall be appointed by the President 
of the United States, with the advice and consent of the Senate: 
Provided, That the President shall have full poAver, during the recess 
of the Senate, to commission all or any of the said officers, until the 
end of the session of Congress next succeeding the date of the com- 
mission. The governor, secretary, and judges of the superior court 
shall receive the same compensation, payable quarter-yearly, which 
the governor, secretary, and superior judges of the Missouri Territory 
are entitled to by law. 

Sec. 10. And he it further enacted, That all the laws which shall be 
in force in the Territory of Missouri, on the fourth day of July next, 
not inconsistent with the provisions of this act, and which shall be 
applicable to the Territory of Arkansaw, shall be, and continue, in 
force in the latter Territory, until modified or repealed by the legis- 
lative authority thereof. 

Sec. 11. And he it further enacted. That the bounty-lands granted, 
or hereafter to be granted, for military services during the late war, 
shall, while they continue to be held by the patentees or their heirs, 
remain exempt from all taxes, for the term of three years from and 
after the date of the patents respectively. 

Sec. 12. And he it further enacted, That whenever, according to the 
provisions of this act, the people of the Arkansaw Territory shall have 
a right to elect members of the house of representatives of their 
general assembly, they shall also have the right to elect a Delegate 
from the said Territory to the Congress of the United States, who shall 
possess the same powers, enjoy the same privileges, and receive the 
same compensation granted and secured by law to the delegates from 
other Territories. 

Sec. 13. And he it further enacted, That until otherwise directed 
by the legislative department of the said Territory of Arkansaw, the 
seat of the territorial government thereof shall be the post of Arkan- 
saw, on the Arkansaw River. 

Sec. 14. And he it further enacted. That the line now established 
by law, between the land-offices at the seat of justice in the county of 
Lawrence, and at the town of Jackson, in the county of Cape Girar- 



264 A rknnsas—1836 

fleaiu shall, from and after the ])assaj;e of this act. lie so altered as to 
run, be the same, and c'orrespf)nd. ^^ith the northern line of the said 
Territory of Arkansaw, anything in the act, entitled "An act making 
provision for the establishment of additional land-offices in the Ter- 
ritory of Missouri," passed the seventeenth day of February, one 
thousand eight hundred and eighteen, to the contrary notwithstanding. 
Approved March 2, 1819. 



ENABLING ACT FOR ARKANSAS— 1836 

[TWENTY-FOUBTH CONGRESS, FiBST SESSION] 

An Act for tho julinlssion of the State of Arkansas into the I'nion. and to pro- 
vide for the due exe<-ution of the hiws t)f the I'nlted States within the same, 
and for other piirposes 

Whereas, the people of the Territory of Arkansas did, on the thir- 
tieth day of January, in the present year, by a convention of delegates 
called and assembled for that purpose, form for themselves a con- 
stitution and State government, which constitution and State govern- 
ment, so formed, is republican: And whereas the number of inhab- 
itants within the said Territory exceeds forty-seven thousand seven 
hundred persons, computed according to the rule prescribed by the 
Constitution of the United States; and the said convention have, in 
their behalf, asked the Congress of the United States to admit the said 
Territory into the Union as a State, on an equal footing with the 
original States: 

Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That the State of 
Arkansas shall be one, and is hereby declared to be one, of the United 
States of America, and admitted into the Union on an equal footing 
with the original States in all respects whatever; and the said State 
shall consist of all the territory included within the following 
boundaries, to wit : Beginning in the middle of the main channel of 
the Mississippi l\iver, on tlie parallel of thirtv-six degrees north lati- 
tude, running from thence west, with the said parallel of latitude, to 
the Saint Francis River; thence up the middle of the main channel 
of said river to the parallel of thirty-six degrees, thirty minutes, 
north; from thence west to the southwest corner of the State of 
Missouri; and from thence to be bounded on the west, to the north 
bank of Red River, by the lines described in the first article of the 
treaty between the United States and the Cherokee Nation of Indians, 
west of the Mississippi, made and concluded at the city of AVashing- 
ton, on the twenty-sixth day of May, in the year of our Lord one 
thousand eight hundred and twenty-eight; and to be bounded on 
the south side of Red River by the Mexican boundary-line, to the 
northwest corner of the State of Louisiana ; thence east, witfi the 
Ix)uisiana State line, to the middle of the main channel of the Missis- 
sippi River; thence up the middle of the main channel of the said 
river to the thirty-sixth degree of north latitude, the point of 
l)eginning. 

Sec. 2. And he it further enacted. That until the next general 
census shall be taken, the said State shall be entitled to one Represent- 
tative in the House of Representatives of the United States. 



Arkansas — 1836 265 

Sec. 3. And be it farther enacted. That all the laws of the United 
States, which are not locally inapplicable, shall have the same force 
and effect within the said State of Arkansas as elsewhere within the 
United States. 

Sec. 4, And he it further enacted, That the said State shall be one 
judicial district, and be called the Arkansas district; and a district 
court shall be held therein, to consist of one judge, who shall reside 
in the said district, and be called a district judge. He shall hold, at 
the seat of government of the said State, two sessions annually, on 
the first Mondays of April and November; and he shall, in all things, 
have and exercise the same jurisdiction and powers which were by 
law given to the judge of the Kentucky district, under an act entitled 
"An act to establish the judicial courts of the United States." He 
shall appoint a clerk for the said district court, Avho shall reside and 
keep the records of the court, at the place of holding the same ; and 
shall receive, for the services iDcrformed by him, the same fees to 
which the clerk of the Kentucky district is entitled for similar 
services. 

Sec. 5. And he it further enacted, That there shall be allowed to 
the judge of the said district court the annual compensation of two 
thousand dollars, to conmience from the date of his appointment, to 
be paid quarter-yearly at the Treasury of the United States. 

Sec. 6. And he it further eiiacted, That there shall be appointed 
in the said district a person learned in the law, to act as attorney for 
the United States, who shall, in addition to his stated fees, be paid 
by the United States two hundred dollars, as a full compensation 
for all extra services. 

Sec. 7. And he it further enacted, That a marshal shall be appointed 
for the said district, who shall perform the same duties, be subject to 
the same regulations and penalties, and be entitled to the same fees, 
as are prescribed to marshals in other districts; and he shall, more- 
over, be entitled to the sum of two hundred dollars annually, as a 
compensation for all extra services. 

Sec. 8. And he it further enacted. That the State ot Arkansas is 
admitted into the Union upon the express condition, that the people 
of the said State shall never interfere with the primary disposal of the 
public lands within the said State, nor shall they levy a tax on any 
of the lands of the United States within the said State ; and nothing 
in this act shall be construed as an assent by Congress to all or to any 
of the propositions contained in the ordinance oi the said convention 
of the people of Arkansas, nor to deprive the said State of Arkansas 
of the same grants, subject to the same restrictions, which w^ere made 
to the State of Missouri, by virtue of an act entitled "An act to 
authorize the people of the Missouri 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, and to prohibit 
slavery in certain Territories," approved the sixth day of March, one 
thousand eight hundred and twenty. 

Approved, June 15, 1836. 



266 Arkamas—18S6 

SUPPLEMENTARY ENABLING ACT FOR ARKANSAS— 1836 « 

[TWENTY-FOUBTH CONGRESS, FiBST SESSION J 

An Ai't supplemontary t<» the a<'t ontitletl. "An act for the admission <»f the State 
of Arkansjis into tlie I'nion. and to provide for the dne execution of the hiws 
of the United States within the same, and for other punwses " 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled^ That in lieu of the 
propositions submitted to the Congress of the United States, by an 
ordniance passed by the convention of delegates at Little Kock, assem- 
bled for the purpose of making a constitution for the State of Arkan- 
sas, Avhich are hereby rejected; and that the following propositions 
be, and the same are hereby, offered to the general assembly of the 
State of Arkansas, for their free acceptance or rejection, which, if 
accepted, under the authority granted to the said general assembly for 
this purpose, bv the convention which fi*amed the constitution of the 
said State, shall be obligatory upon the United States: 

First, That section numbered sixteen in every township, and, when 
such section has been sold or otherwise disposed of, other lands 
equivalent thereto, and as contiguous as may be, shall be granted to 
the State for the use of the inhabitants of such township for the use 
of schools. 

Second. That all salt-springs not exceeding twelve in number, 
with six sections of land adjoining to each, shall be granted to the 
said State, for the use of said State, the same to be selected by the 
general assembly thereof on or before the first day of January, one 
tliousand eight hundred and foi"ty; and the same, when so selected, 
to l)e used under such terms, conditions, and regulations, as the gen- 
eral assembly of the said State shall direct: Provided^ That no salt- 
spring, the right whereof is now vested in any individual or individ- 
uals, or which may hereafter l)e confirmed or adjudged to any indi- 
vidual or individuals, shall by this section be granted to said State : 
And provided, also^ That the general assembly shall never sell or 
lease the same, at any one time, for a longer period than ten years, 
without the consent of Congress; and that nothing contained in the 
act of Congress entitled, "An act authorizing the governor of the 
Territory of Arkansas to lease the salt-springs in said Territory, and 
for other purposes," or in any other act, shall be construed to give to 

n The following acts of Congress are In substantial modification of the enabling 
act, viz : 

I. "An act to authorize the legislatures of the States of Illinois. Arlcansjis. 
Ix>uisiana, and Tennessee to sell the lands heretofore appropriated for the use 
of schools In those States," approved February 15. 184.S. 

II. "An act giving the as.sent of Congress to a change of the compact entere<l 
into l>et«-een the I'nitetl States and the State of Arkansas, on her admission 
into the Union," approved .Tuly 20. 1846. [Authorizing the general assembly of 
the State to appropriate for the use and l)enefit of conimon schools, or in any 
other mode deeme<l proper, for the promotion of e<iucation. certain lands, known 
as " Seminary Lands." therefore, by direction of act of Congress, appropriated 
solel.v to the use and support of a university.] 

III. Section 3 of "An act to give the consent of Congress to the sale of certain 
salt-spring lands, lieretofore granted to the States of Michigan, Illinois, and 
Arkansas," approved March 3, 1847. 



Arkansas— 1 836 267 

the said State any fiiitlier or other claim whatsoever, to any salt- 
springs or lands adjoining thereto, than to those hereby granted. 

Third. That five per cent of the nett proceeds of the sale of lands 
lying within the said State, and which shall be sold by Congress from 
and after the first day of July next, after deducting all expenses 
incident to the same, shall be reserved for making public roads and 
canals within the said State, under the direction of the general assem- 
bly thereof. 

Fourth. That a quantity of land not exceeding five sections be, and 
the same is hereby, granted to the said State, in addition to the ten 
sections which have already been granted, for the purpose of complet- 
ing the public buildings ot the said State, at Little Rock; which said 
five sections shall, under the direction of the general assembly of said 
State, be located, at any time, in legal divisions of not less than one 
quarter-section, in such townships and ranges as the general assembly 
aforesaid may select, on any of the unappropriated lands of the 
United States within the said State. 

Fifth. That the two entire townships of land which have already 
been located by virtue of the act entitled "An act concerning a sem- 
inary of learning in the Territory of Arkansas," approved the second 
of March, one thousand eight hundred and twenty-seven, are hereby 
vested in, and confirmed to, the general assembly of the said State, to 
be appropriated solely to the use of such seminary by the general 
assembly: Prorided, That the five foregoing propositions herein 
offered are on the condition that the general assembly or legislature 
of the said State, by virtue of the powers conferred upon it by the 
convention which framed the constitution of the said State, shall pro- 
vide, by an ordinance irrevocable without the consent of the United 
States, that the said general assembly of said State shall never inter- 
fere with the i^rimarv disposal of the soil Avithin the same by the 
United States, nor Avith anv regulations Congress may find necessary 
for securing the title m such soil to the hona-fdc purchasers thereof; 
and that no tax shall be imposed on lands the property of the United 
States; and that in no case shall non-resident proprietors be taxed 
higher than residents; and that the bounty-lands granted, or here- 
after to be granted, for military services during the late war, shall, 
whilst they continue to be held 'w.the patentees or their heirs, remain 
exempt from any tax laid by order or under the authority of the 
State, whether for State, county, township, or any other purpose, for 
the term of three years from and after the date of the patents respec- 
tively. 

Approved, June 23, 1830. 



ORDINANCE OF ACCEPTANCE BY ARKANSAS— 1836 

Ordinance and acceptance of compact by the general assembly of the State of 

Arkansas 

Be it ordained hy the general assembly of the State of Arkansas^ 
By virtue of the authority vested in said general assembly by the pro- 
visions of the ordinance adopted l)y the convention of delegates assem- 
bled at Little Eock, for the purpose of forming a constitution and 
system of government for said State, that the propositions set forth 



268 Arkansas— 1836 

in "All act supplomontary to tlie act entitled 'An act for the admission 
of the State or Arkansas into the Union, and to provide for the due 
execution of the laws of the United States within the same, and for 
other purposes,' " be, and the same are hereby, freely accepted, rati- 
fied, and irrevocably confirmed, as articles of compact and union 
betwtH'n the State of Arkansas and the United States. 

And he it further ordained by the authority aforesaid^ That the 
general assembly of the State of Arkansas shall never interfere, with- 
out the consent of the United States, with the primary disposal of the 
soil within said State, owned by the United States, nor with any 
regulations Congress may find necessary for securing the title in such 
soil to the hona-fide purchasers thereof; and that no tax shall lx», 
imposed on lands the i)roperty of the United States; and that in no 
case shall non-resident proprietors be taxed higher than resident; 
and that the bounty-lands granted, or hereafter to be granted, for 
military services during the late war, shall, while they continue to 
be held by the patentees or their heirs, remain exempt from any tax 
laid by order, or under the authority, of the State, whether for State, 
county, township, or any other purpose, for the term of three years 
from and after the date of the patents respectively. 

Approved, October 18, 1836. 

CONSTITUTION OF ARKANSAS— 1836 * « 

We, the people of the Territory of Arkansas, by our representatives 
in convention assembled, at Little Rock, on Monday, the 4th day of 
January, A. D. 1836, and of the Independence of the United States 
the sixtieth year, having the right of admission into the Union as one 
of the United States of America, consistent with the Federal Consti- 
tution, and by virtue of the treaty of cession, by France to the United 
States, of the Province of Louisiana, in order to secure to ourselves 
and our posterity the enjoyment of all the rights of life, liberty, and 
jiroperty, and the free pursuit of happiness, do mutually agree with 
each other to form ourselves into a free and independent State, by the 
name and style of '' The State of Arkansas," and do ordain and estab- 
lish the following constitution for the government thereof : 

ARTICLE I 

OF BOUNDARIES 

We do declare and establish, ratify and confirm, the following as 
the permanent boundaries of said State of Arkansas, that is to say: 
Beginning in the middle of the main channel of the Mississippi river, 

* Verified by Judge U. M. Rose's text in his edition of the eonstitutions of 
Arlcansas : The Constitutions of the State of Arltansas Framed and Adopted By 
the Convention Which Assembled at Little Hock, July 14, 1874, and Ratified By 
the People of State at the Election Held October 13th, 1874. With an Appendix. 
Containing the Constitutions of the United States, and the Constitutions of 
Arkansas of 1836, 1861, 1864, and 18(>8. With Notes by U. M. Hose. Little 
Rock, Ark. : Press Printing Company. 1801. pp. 17.5-20,'i. Also from the text 
of the constitution as amended, from the Biennial Reix)rt of the Secretarj* of 
State of Arkansas. Hon. O. C. Ludwig. Little Rock : 1906. pp. 17-68. 

<» This constitution was framtnl by a convention which met January 4, 1836, 
and adjourned January 30, 1836. It was not submittetl to the people. 



Arkansas -1836 269 

on the parallel of thirty-six degrees north latitude; running from 
thence west with the said parallel of latitude to the Saint Francis 
river; thence up the middle of the main channel of said river to the 
parallel of thirty-six degrees, thirty minutes north ; from thence west 
to the southwest corner of the State of Missouri ; and from thence to 
be bounded on the west, to the north bank of Red river, as by acts of 
Congress and treaties heretofore defining the western limits of the 
Territory of Arkansas ; and to be bounded on the south side of Red 
river by the Mexican boundary-line to the northwest corner of the 
State of Louisiana ; thence east with the Louisiana State line to the 
middle of the main channel of the Mississippi river; thence up the 
middle of the main channel of said river to the thirty-sixth degree of 
north latitude, the point of beginning. 

Article II 

DECLARATION OF RIGHTS 

That the great and essential principles of liberty and free govern- 
ment may be recognized and unalterably established, we declare : 

Section 1. That all freemen, when they form a social compact, are 
equal, and have certain inherent and indefeasible rights, among which 
are those of enjoying and defending life and liberty; of acquiring, 
possessing and protecting property and reputation ; and of pursuing 
their own happiness. 

Sec. 2. That all power is inherent in the people ; and all free govern- 
ments are founded on their authority, and instituted for their peace, 
safety and happiness. Yov the advancement of these ends, they have, 
at all times, an unqualified right to alter, reform or abolish their 
government, in such manner as they may think proper. 

Sec. 3. That all men have a natural and indefeasible right to wor- 
ship Almighty God according to the dictates of their own consciences ; 
and no man can of right be compelled to attend, erect or support any 
place of worship, or to maintain any ministry against his consent. 
That no human authority can, in any case whatever, interfere with 
the rights of conscience ; and that no preference shall ever be given to 
any religious establishment or mode of worship. 

Sec. 4. That the civil rights, privileges or capacities of any citizen 
shall in no wise be diminished or enlarged on account of his religion. 

Sec. 5. That all elections shall be free and equal. 

Sec. 6. That the right of trial by jury shall remain inviolate. 

Sec. 7. That printing-presses shall be free to every person ; and no 
law shall ever be made to restrain the rights thereof. The free com- 
munication of thoughts and opinions is one of the invaluable rights 
of man ; and every citizen may freely speak, write and print on any 
subject — being responsible for the abuse of that liberty. 

Sec. 8. In prosecutions for the publication of papers investigating 
the official conduct of officers or men in public capacity, or where 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 the right to determine the law and the facts. 

Sec. 9. That the people shall be secure in their persons, houses, 
papers and possessions, from unreasonable searches and seizures; and 
7251— VOL 1—07 20 



270 Arkansas— 1886 

tliat general warrants, whereby any officer may be commanded to 
search suspected places, without eviaence of the fact conunitted, or to 
seize any person or persons not named, whose offences are not particu- 
larly described and supported by evidence, are dangerous to liberty, 
and shall not be granted. 

Sec. 10. That no freeman shall be taken or imprisoned, or disseized 
of his freehold, liberties or privileges, or outlawed or exiled, or in any 
numner destroyed or deprived of nis life, lil>erty or property, but by 
the judgment of his peers, or the law of the land. 

Sec. 11. That in all criminal prosecutions the accu.sed hath a right 
to be heard by himself and counsel ; to demand the nature and cause 
of the accusation against him, and to have a copy thereof; to meet 
the witnesses face to face ; to have compulsory process for obtaining 
witnesses in his favor; and in prosecutions by indictment or present- 
ment, a speedy public trial by an impartial jury of the county or dis- 
trict in which the crime shall have been committed; and shall not 
be compelled to give evidence against himself. 

Sec. 12. That no person shall, for the same offence, be twice put in 
jeopardy of life or limb. 

Sec. 13. That all penalties shall be reasonable, and proportioned 
to the nature of the offence. 

Sec. 14. That no man shall be put to answer any criminal charge, 
but by j)resentment, indictment or impeachment. 

Sec. 15. That no conviction shall work corruption of blood or for- 
feiture of estate. 

Sec. 16. That all prisoners shall be bailable by sufficient securities, 
unless in capital offences, where the proof is evident or the presump- 
tion great, and the privilege of the writ of habeas corpus shall not be 
suspended, unless where, m case of rebellion or invasion, the public 
safety may require it. 

Sec. 17. That excessive bail shall in no case be required, nor exces- 
sive fines imposed. 

Sec. 18. That no ex post facto law, or any law impairing the obli- 
gation of contracts, shall ever be made. 

Sec. 19. That perpetuities and monopolies are contrary to the 
genius of a republic, and shall not be allowed; nor shall any heredi- 
tary emolument, privileges or honors ever be granted or conferred in 
this State. 

Sec. 20. That the citizens have a right in a peaceable manner to 
assemble together for their common good, to instruct their represent- 
atives, and to apply to those invested with the jjower of the govern- 
ment for redress or grievances, or other proper purposes, by address 
or remonstrance. 

Sec. 21. That the free white men of this State shall have a right to 
keep and to bear arms for their common defence. 

Sec. 22. That no soldier shall, in time of peace, be quartered in any 
house, without the consent of the owner; nor in time of war, but in 
a manner prescribed by law. 

Sec. 23. The military shall be kept in strict subordination to the 
civil power. 

Sec. 24. This enumeration of rights shall not l^e construed to deny 
or disparage othei-s retained by the people; and, to guard against any 



Arkansas— 1836 271 

encroachments on the rights herein retained, or any transgression of 
anj of the higher powers herein delegated, we declare that every- 
thing in this article is excepted out of the general powers of the gov- 
ernment, and shall forever remain inviolate; and that all laws con- 
trary thereto, or to the other provisions herein contained, shall be void. 

Article III 

or DEPARTMENTS 

Section 1. The powers of the government of the State of Arkansas 
shall be divided into three distinct departments, each of them to be 
confided to a separate body of magistracy, to wit: those which are 
legislative, to one; those which are executive, to another; and those 
which are judicial, to another. 

Sec. 2. No person, or collection of persons, being of one of those 
departments, shall exercise any power belonging to either of the 
others ; except in the instances hereinafter expressly directed or per- 
mitted. 

Article IV 

LEGISLATIVE DEPARTMENT 

Section 1. The legislative power of this State shall be vested in a 
general assembly, which shall consist of a senate, and a house of rep- 
resentatives. 

qualifications of electors 

Sec. 2. Every free white male citizen of the United States, who 
shall have attained the age of twenty-one years, and who shall liave 
been a citizen of this State six months, shall be deemed a qualified 
elector, and be entitled to vote in the county or district where he 
actually resides, for each and every office made elective under this 
State, or under the United States: Provided, That no soldier, sea- 
man, or marine, in the Army or Navy of the United States, shall be 
entitled to vote at any election within this State. 

TIME OF choosing KEPRESENTAT1^ ES 

Sec. 3. The House of Representatives shall consist of members to 
be chosen every second year, by the qualified electors of the several 
counties. 

QUALIFICATIONS OF A REPRESENTATIVE 

Sec. 4. No person shall be a member of the House of Representa- 
tives, who shall not have attained the age of twenty-five yeai-s; who 
shall not be a free white male citizen of the United States; who shall 
not have been an inhabitant of this State one year; and who shall 
not, at the time of his election, haye an actual residence in the county 
he may be chosen to represent. 



272 Arkansas— 1836 

QUALIFICATIONS OF A SENATOR 

Sec. 5. The Senate shall consist of members to be chosen every 
four yeai*s, by the qualified electoi*s of the several districts. 

Sec. C. No pei*son shall Ije a Senator, who shall not have attained 
the age of thirtj^ years; who shall not be a free white male citizen of 
the United States; who shall not have been an inhabitant of this 
State one year; and who shall not, at the time of his election, have 
an actual residence in the district he may be chosen to represent. 

MEETING OF THE GENERAL ASSEMBLY 

Sec. 7. The General Assembly shall meet every two years, on the 
first Monday of November, at the seat of government, until altered 
by law. 

THE MODE OF ELECTION, AND TIME, AND PRIVILEGE OF ELECTORS 

Sec. 8. All general elections shall be viva voce, until otherwise 
directed by law, and shall commence and be holden every two years, 
on the first Monday in October, until altered by law ; and the electors 
in all cases except in cases of treason, felony and breach of the peace, 
shall be privileged from arrest during their attendance on elections, 
and in going to and returning therefrom. 

DUTY OF GOVERNOR 

Sec. 9. The Governor shall issue writs of election to fill such vacan- 
cies as shall occur in either House of the General Assembly. 

Sec. 10. No Judge of the Supreme, Circuit or Inferior Courts of 
law or equity. Secretary of State, Attorney for the State, State 
Auditor or Treasurer, Register or Recorder, Clerk of any Court of 
Record, Sheriff, Coroner, Member of Congress, nor any other person 
holding any lucrative office under the United States or this State, 
(militia officers. Justices of the Peace, Postmasters and Judges of 
the County Courts excepted,) shall l^e eligible to a seat in either 
House of the General Assembly. 

Sec. 11. No person who now is, or shall be hereafter, a collector 
or holder of public money, nor any assistant or deputy of such holder 
or collector of public! money, shall Ixi eligible to a seat in either 
House of the General Assemblv, nor to any office of profit or trust, 
until he shall have accounted ior and paid over all sums for which 
he may have been liable. 

Sec. 12. The General Assembly shall exclude from every office of 
trust or profit, and from the right of suffrage, within this State, all 
persons convicted of bril^ery, iierjury, or other infamous crime. 

Sec. 18. Every person who shall have Ix'en convicted of directly or 
indirectly giving or offering anv bril)e. to procure his election or 
appointment, shall be disqualified from holding any office of trust or 

{>rofit under this State; and any person who shall give or offer any 
)ril)e to j)rocure the election or appointment of any person, shall, on 
conviction thereof. 1h' disqualified from l)eing an elector, or from 
holding office of trust or profit under this State. 



A rknmns—18S6 2T.\ 

Sec. 14. No Senator or Representative shall, during the term for 
which he shall have been elected, be appointed to any civil office under 
this State, which shall have lx;en created, or the emoluments of which 
shall have been increased, during his continuance of office, except to 
such office as shall be filled by the election of the people. 

Sec. 15. Each House shall appoint its own officers, and shall judge 
of the qualifications, returns and elections of its own members. Two- 
thirds of each House shall constitute a quorum to do business, but a 
smaller number may adjourn from day to day, and compel the attend- 
ance of absent members, in such manner, and under such penalties, as 
each House shall provide. 

Sec. 16. Each House may determine the rule of its proceedings, 
punish its own members for disorderly behavior, and, with the con- 
currence of two-thirds of the members elected, expel a member; but no 
member shall be expelled a second time for the same offence. They 
shall each, from time to time, publish a journal of their proceedings, 
except such parts as may in their opinion require secrecy; and the 
yeas and nays upon any question shall be entered on the journal, at 
the desire of any five members. 

Sec. 17, The door of each House when in session or in committee 
of the whole, shall be kept open, except in cases which may require 
secrecy; and each House may punish by fine and imprisonment, any 
person, not a member, who shall be guilty of disrespect to the House, 
by any disorderly or contemptuous behavior in their presence, during 
their session ; but such imprisonment shall not extend beyond the final 
adjournment of that session. 

Sec. 18. Bills may originate in either House, and be amended or 
rejected in the other; and every bill shall be read on three different 
days in each House, unless two-thirds of the House where the same is 
pending shall dispense with the rules. And every bill having passed 
both Houses, shall be signed by the President of the Senate and the 
Speaker of the House or Representatives. 

Sec. 19. AVhenever an officer, civil or military, shall be appointed 
by the joint or concurrent vote of both Houses, or by the separate 
vote of either House of the General Assembly, the vote shall be taken 
viva voce^ and entered on the journal. 

Sec. 20. The 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 for fifteen days 
before the commencement and after the termination of each session; 
and for any speech or debate in either House, they shall not be ques- 
tioned in any other place. 

Sec. 21. The members of the General Assembly shall severally 
receive, from the public treasury, compensation tor their services, 
which may be increased or diminished ; but no alteration of such com- 
pensation of members shall take effect during the session at which it 
is made. 

THE MANNER OF BRINGING SUITS AGAINST THE STATE 

Sec. 22. The General Assembly shall direct by law, in what courts, 
and in what manner suits may be commenced against the State. 
Sec. 23. They shall have power to pass all laws that are necessary 



274 Arkansas— 1836 

to prohibit the iiitrochiction into this State of any slave or slaves, 
who may have committed any high crime, in any other State or 
Territory. 

Sec. 24. The General Assembly shall not have power to pass any 
bill of divorce; but may prescribe by law the manner in which such 
cases shall be investigated in the courts of justice and divorces 
granted. 

Sec. 25. The general assembly shall have power to prohibit the 
introduction of any slave or slaves, for the purpose of speculation, or 
as an article of trade and merchandise; to oblige the owner of any 
slave or slaves to treat them with humanity: and, in the prosecution 
of slaves for any crime, they shall not l>e deprived of an impartial 
jury; and any slave who shall 1x3 convicted of a capital offence, shall 
suffer the same degree of i)unishment as would be inflicted on a free 
white |)erson, and no other; and courts of justice, before whom slaves 
shall be tried, shall assign them counsel for their defence. 

Sec. 2G. The governor, secretary of state, auditor, treasurer, and all 
the judges of the supreme, circuit and inferior courts of law and 
equity, and the prosecuting attorneys for the State, shall be liable 
to impeachment, for any malpractice or misdemeanor in office; but 
judgment in such cases shall not extend further than removal froni 
office, and disqualification to hold any office of honor, trust or j)rofit 
under this State: the party impeached, whether convicted or ac- 
quitted, shall nevertheless be liable to be indicted, tried and punished, 
according to law. 

Sec. 27. The house of representatives shall have the sole power of 
impeachment, and all impeachments shall be tried by the senate; and 
when sitting for that i)urpose, the senators shall be on oath or affirma- 
tion to do justice according to law and evidence. When the governor 
shall be tried, the chief justice of the supreme court shall preside; 
and no person shall be convicted without the concurrence of two- 
thirds or all the senators elected: and for reasonable cause, which 
shall not be sufficient ground of impeachment, the governor shall, 
on the joint address of two-thirds of each branch of the legislature, 
remove from office the judges of the supreme and inferior courts: 
Provided, The cause or causes of removal be spread on the journals, 
and the party charged be notified of the same, and heard by himself 
and counsel, before the vote is finally taken and decided. 

Sec. 28. The appointment of all officers, not otherwise directed by 
this constitution, shall he made in such manner as may be prescribed 
by law : and all officei"s, both civil and military, acting under the 
authority of this State, shall, before entry on the duties of their 
respective offices, take an oath or affirmation to support the Constitu- 
tion of the United States and of this State, and to demean them- 
selves faithfully in office. 

Sec. 20. No county now established by law, shall ever be reduced, 
by the establishment of any new county or counties, to less than nine 
hundred square miles, nor to a less population than its ratio of rep- 
resentation in the house of representatives; nor shall any county be 
hereafter established, which shall contain less than nine hundred 
square miles, (except Washington County, which may be reduced to 
six hundred square miles,) or a less population than w^ould entitle 
each county to a member in the house of representatives. 



Arkansas— 18S0 275 

Sec. 30. The style of the Ieavs of this State shall be — "5e U enacted 
by the general assembly of the State of Arkarisasy 

Sec. 31. The State shall from time to time be divided into conveni- 
ent districts, in such manner that the senate shall be based upon the 
free white male inhabitants of the State, each senator representing 
an equal number, as nearly as practicable ; and until the first enumera- 
tion of the inhabitants shall be taken, the districts shall be arranged as 
follows : 

The county of Washington shall compose one district, and elect two 
senators ; 

The counties of Carroll, Searcy and Izard shall compose one dis- 
trict, and elect one senator. 

The counties of Independence and Jackson shall compose one dis- 
trict, and elect one senator. 

The counties of Lawrence and Randolph shall compose one distri(;t. 
and elect one senator. 

The counties of Johnson and Pope shall compose one district, and 
elect one senator. 

The counties of Crawford and Scott shall compose one district, and 
elect one senator. 

The counties of Conway and Van Buren shall compose one district, 
and elect one senator. 

The counties of Pulaski, White and Saline shall compose one dis- 
trict, an elect one senator. 

The counties of Hot Spring, Clark and Pike shall compose one dis- 
trict, and elect one senator. 

The counties of Hempstead and Lafayette shall compose one dis- 
trict, and elect one senator. 

The counties of Sevier and Miller shall compose one district, and 
elect one senator. 

The counties of Chicot and Union shall compose one district, and 
elect one senator. 

The counties of Arkansas and Jefferson shall compose one district, 
and elect one senator. 

The counties of Phillips and Monroe shall compose one district, 
and elect one senator. 

The counties of Saint Francis and Greene shall compose one dis- 
trict, and elect one senator. 

The counties of Crittenden and Mississippi shall compose one dis- 
trict, and elect one senator. 

And the senate shall never consist of less than seventeen nor more 
than thirty-three members ; and as soon as the senate shall meet after 
the first election to be held under this constitution, they shall cause 
the senators to be divided by lot into two classes — nine of the first 
class and eight of the second; and the seats of the first class shall 
be vacated at the end of two years from the time of their election, 
and the seats of the second class at the end of four years from the 
time of their election ; in order that one class of the senators may be 
elected every two years. 

Sec. 32. An enumeration of the inhabitants of the State shall be 
taken under the direction of the general assembly, on the first day of 
January, one thousand eight hundred and thirty-eight, and at th* 
end of every four years thereafter; and the general assembly shall, 



276 ArknnHafi—lSSO 

at the first session after the return of every enumeration, so alter and 
arrange the senatorial districts that each district shall contain, as 
nearly as practicable, an equal number of free white male inhabitants: 
Provided, That Wasliington County, as long as its population shall 
justify the same, mav, according to its numbers, elect more than one 
senator; and such districts shall then remain unaltered, until the 
return of another enumeration, and shall at all times consist of con- 
tiguous territory; and no county shall be divided in the formation of 
a senatorial district. 

Sec. 33. The ratio of representation in the senate, shall be fifteen 
hundred free white male inhabitants to each senator, until the sena- 
tors amount to twenty-five in number ; and then they shall be equally 
apportioned, upon the same basis, throughout the State, in such ratio 
as the increased numbers of free white male inhabitants may require, 
without increasing the senators to a greater number than twenty- 
five, until the population of the State amounts to five hundred thou- 
sand souls; and when an increase of senators takes place, the}' shall, 
from time to time, be divided by lot, and classed as prescribed above. 

Sec. 34. The house of representatives shall consist of not less than 
fifty-four, nor more than one hundred representatives, to be appor- 
tioned among the several counties in this State, according to the num- 
ber of free white male inhabitants therein, taking five hundred as 
the ratio, until the number of representatives amounts to seventy- 
five ; and when they amount to seventy-five, they shall not be further 
increased until the population of the State amounts to five hundred 
thousand souls: Provided, That each county now organized shall, 
although its population may not give the existing ratio, always be 
entitled to one representative; and until the first enumeration shall 
be taken, the representatives shall be apportioned among the several 
counties, as follows: 

The county of Washington shall elect six representatives. 

The county of Scott shall elect one representative. 

The county of Johnson shall elect two representatives. 

The county of Pope shall elect two representatives. 

The county of Conway shall elect one representative. 

The county of Van Buren shall elect one representative. 

The county of Carroll shall elect two representatives. 

The county of Searcy shall elect one representative. 

The county of Izard shall elect one representative. 

The county of Inde])endence shall elect two representatives. 

The county of Crawford shall elect three representatives. 

The county of Jackson shall elect one representative. 

The county of Lawrence shall elect two representatives. 

The county of Randolph shall elect two representatives. 

The county of AMiite shall elect one representative. 

The county of Pulaski shall elect two representatives. 

The county of Saline shall elect one representative. 

The county of Hot Spring shall elect one representatiA^e. 

The county of Clarke shall elect one representative. 

The county of Saint Francis shall elect two representatives. 

The county of Pike shall elect one representative. 

The county of Hempstead shall elect two representatives. 

The county of ISIiller shall elect one representative. 



Arkansas — ISSf) 277 

The county of Sevier shall elect one representative. 

The county of Lafayette shall elect one representative. 

The county of Union shall elect one representative. 

The county of Arkansas shall elect two representatives. 

The county of Jefferson shall elect one representative. 

The county of Monroe shall elect one representative. 

The county of Phillips shall elect two representatives. 

The county of Greene shall elect one representative. 

The county of Crittenden shall elect two representatives. 

The county of Mississippi shall elect one representative. 

The county of Chicot shall elect two representatives. 

And at the first session of the general assembly after the return of 
every enumeration, the representation shall be equalh^ divided and 
re-apportioned among the several counties, according to the number 
of free white males in each county, as above prescrih^d. 

MODE OP AMENDING THE CONSTITUTION 

Sec. 35. The General Assemblj'^ may at any time propose such 
amendments to this Constitution as two-thirds of each house shall 
deem expedient, which shall be published in all the newspapers pub- 
lished in this State, three several times, at least twelve months before 
the next general election; and if, at the first session of the General 
assembly after such general election, two-thirds of each house shall, 
by yeas and nays, ratify such proposed amendments, they shall be 
valid to all intents and purposes, as parts of this constitution : Pro- 
mded, That such proposed amendments shall be read on three several 
days, in each house, as w^ell when the same are proposed, as when they 
are finally ratified. 

Article V 

EXECUTIVE department 

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 Arkansas." 

Sec. 2. The governor shall be elected by the qualified electors, at 
the time and places where they shall respectively vote for representa- 
tives. 

Sec. 3. The returns of every election for governor shall be seal<jd 
up and transmitted 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 the 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 office for the term of four 
years from the time of his installation, and until his successor shall 
be duly qualified; but he shall not be eligible for more than eight 
years in any term of twelve years. He shall be at least thirty years 
of age, a native-born citizen of Arkansas, or a native-born citizen of 



278 Arkamas—18Sf) 

the United States, or a resident of Arkansas ten years previous to the 
adoption of this constitution, if not a native of the United States; 
and shall have been a resident of the same at least four years next 
before his election. 

Sec. 5. He shall, at stated times, receive a compensation for his 
services, which shall not be increased or diminishecf during the term 
for which he shall have been elected; nor shall he receive, within that 
period, any other emolument from the United States, or any one of 
them, or from any foreign power. 

Sec. 6. He shall be commander-in-chief of the army of this State, 
and of the militia thereof, except when they shall be called into the 
service of the United States. 

Sec. 7. He may require any information, in writing, from the offi- 
cers of the executive department, on any subject relating to the duties 
of their respective offices. 

Sec. 8. He may, by proclamation, on extraordinary occasions, con- 
vene the general assembly, at the seat of government, or at a different 
place, if that shall have become, since their last adjournment, dan- 
gerous from an enemy or from contagious diseases. In case of dis- 
agreement l)etween the two houses with resf)ect to the time of adjourn- 
ment, he may adjourn them to such time as he shall think proper, not 
beyond the day of the next meeting of the general assembly. 

Sec. 9. He shall, from time to tmie, give to the general assembly 
information of the state of the government, and recommended to 
their consideration such measures as he may deem expedient. 

Sec. 10. He shall take care that the laws be faithfully executed. 

Sec. 11. In all criminal and penal cases, except in those of treason 
and impeachment, he shall have power to grant pardons after con- 
viction, and remit fines and forfeitures, under such rules and regula- 
tions as shall be prescribed by law. In cases of treason, he shall have 
power, by and with the advice and consent of the senate, to grant 
reprieves and pardons ; and he may, in the recess of the senate, respite 
the sentence until the end of the next session of the general assembly. 

Sec. 12. There shall be a seal of this State, which shall be kept by 
the governor, and used by him officially ; and the present seal of the 
Territory shall be the seal of the State, until otherwise directed by 
the general assembly. 

Sec. 13. All commissions shall be in the name, and by the authority 
of the State of Arkansas, be sealed with the seal of the State, signed 
by the governor, and attested by the secretarj^ of state. 

Sec. 14. There shall be a secretary of state, elected by a joint vote 
of both houses of the general assembly, who shall continue in office 
during the term of four years, and untd his successor in office be duly 
qualified. He shall keep a fair register of all the official acts and 
proceedings of the governor, and shall, when required, lay the same, 
and all papers, minutes and vouchers relative thereto, before the gen- 
eral assembly; and shall perform such other duties as may be 
required by law. 

Sec. 15. Vacancies that may happen in offices, the election to which 
is vested in the general assembly, shall be filled by the governor dur- 
ing the recess of the general assembly, by granting conmiissions. 
which shall expire at the end of the next session. 

Sec. 16, Every bill which shall have passed both houses, shall be 
presented to the governor. If he approve it, he shall sign it; but if 



Arkansas— 1836 279 

h« shall not approve it, he shall return it, with his objections, to the 
house in Avhich it shall have originated, who shall enter his objections 
at large upon their 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, likewise, it shall be reconsidered; and if 
approved by a majority of the whole number elected to that house, 
it shall be a law ; but in such cases, the votes of both houses shall be 
determined by yeas and nays; and the names of the persons voting 
for or against the bill, shall be entered on the journal of each house 
respectively. If any bill shall not be returned by the governor 
within three days, Sundays excepted, after it shall have been pre- 
sented to him, the same shall be a law, in like manner as if he had 
signed it, unless the General Assembly, by their adjournment, pre- 
vent its return ; in such cases it shall not be a law. 

Sec. 17. Every order or resolution, to which the concurrence of 
both Houses may be necessary, except on questions of adjournment, 
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. 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 authority 
appertaining to the office of Governor, until another Governor shall 
have been elected and qualified, or until the Governor, absent or 
impeached, shall return or be acquitted. 

Sec. 19. If, during the vacancy of the office of Governor, the 
President 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 
government. 

Sec. 20. The President of the Senate, and Speaker of the House of 
Representatives, during the time they respectively administer the 
government, shall receive the same compensation which the (Jovernor 
would have received, had he been employed in the duties of his office. 

Sec. 21. Whenever the office of Governor shall have become vacant, 
by death, resignation, removal from office, or otherwise, provided such 
vacancy shall not happen within eighteen months of the end of the 
term for which the late Governor shall have been elected, the Presi- 
dent of the Senate, or Speaker of the House of Representatives, as the 
case may be, exercising the powers of Governor for the time being, 
shall immediatelv cause an election to be held to fill such vacancy, 
giving, by proclamation, sixty days' previous notice thereof, whicli 
election shall be governed bv the same rules prescribed for general 
elections of Governor, as far as applicable; the returns shall be made 
to the Secretary of State, who in presence of the acting (xovernor. 
and Judges of the Supreme Court, or one of them at least, shall 
compare them, and together with said acting Governor and Judges, 
declare who is elected; and if there be a contested election, it shall be 
decided by the Judges of the Supreme Court, in manner to be 

prescribed by law. • i x xi, *. ^f ««»- 

Sec. 22. The Governor shall always reside at the seat of gov- 
ernment. 



2.S0 Arkansas— 18,30 

Sec. 23. No person shall hold the office of Governor and any other 
office or connnission, civil or military, either in this State, or under 
any State, or the United States, or any other power, at one and the 
same time. > 

Sec. 24. There shall l^e elected, by the joint vote of both Houses of 
the (Jenoral Assembly, an Auditor and Treasurer for this State, who 
shall hold their offices for the term of two years, and until their 
resnective successors are elected and qualified, unless sooner removed; 
and shall keep their respective offices at the seat of government, and 
I)erform such duties as shall be prescribed by law. And in case of 
vacancy, by death, resif^nation, or otherwise, such vacancy shall be 
filled by the (lovernor, as in other cases. 

MILITIA 

Section 1. The militia of this State shall be divided into conven- 
ient divisions, brigades, regiments and companies, and officers of cor- 
responding titles and rank elected to command them, conforming, as 
nearlv as practicable, to the general regulations of the Army ot the 
United States. 

Sec. 2. Major-generals shall be elected by the Brigadier-Generals 
and field officers of their respective divisions; Brigadier-Generals 
shall be elected by the field officers and commissioned company officers 
of their respective brigades; field officers shall be elected by the 
officers and privates of their respective regiments ; and Captains and 
Subaltern officers shall be elected by those subject to military duty in 
their respective companies. 

Sec. 3. The (Jovernor shall appoint the Adjutant-General and 
other members of his staff, and major-generals, brigadier-generals, 
and commanders of regiments, shall respectively appoint their own 
staff: and all commissioned officers may continue m office during 
good behavior; and staff officers during the same time, subject to be 
removed by the superior officer from whom they respectively derive 
their commissions. 

Article VI 

JUDICIAL DEPARTMENT 

Section 1. The judicial power of this State shall be vested in one 
supreme court, in circuit courts, in county courts, and in justices of 
the peace; the general assembly may also vest such jurisdiction as may 
be deemed necessary in corporation courts, and when they deem it 
expedient, may establish courts of chancer^'. 

Sec. 2. The supreme court shall be composed of three judges, one 
of whom shall be styled chief justice, any two of whom shall consti- 
tute a quorum, and the concurrence of any two of said judges shall, 
in every case, be necessary to a decision. The supreme court, except 
in cases otherwise directed by this constitution, shall have appellate 
jurisdiction only, which shall be co-extensive with the State, under 
such restrictions and regulations as may, from time to time, be pre- 
scrilx'd by law ; it shall have a general superintending control over all 
inferior and other courts of law and equity. It shall have power to 
issue writs of error and svpersedeas, certiorari and habeas corpns, 
mandamus and quo warranto^ and other remedial writs, and to near 



Arkansas — 1836 281 

and determine the same. Said judges shall be conservators of the 
peace throughout the State. And shall severally have power to 
issue any of the aforesaid writs. 

Sec. 3. The circuit courts shall have original jurisdiction over all 
criminal cases which shall not be otherwise provided for by law ; and 
exclusive original jurisdiction of all crimes amounting to felony at 
the common law; and original jurisdiction of all civil cases which 
shall not be cognizable before justices of the peace, until otherwise 
directed by the general assembly; and original jurisdiction in all 
matters of contracts, where the sum in controversy is over one hundred 
dollars. It shall hold its terms at such place in each county as may 
be by law directed. 

Sec. 4. The State shall be divided into convenient circuits, each to 
consist of not less than five nor more than seven counties, contiguous 
to each other, for each of which a judge shall be elected, who, during 
his continuance in office, shall reside and be a conservator of the 
peace within the circuit for which he shall have been elected. 

Sec. 5. The circuit courts shall exercise a superintending control 
over the county courts, and over justices of the peace, in each county 
in their respective circuits; and shall have power to issue all the 
necessary writs to carry into effect their general and specific powers. 

Sec. 6. Until the general assembly shall deem it expedient to 
establish courts of chancery, the circuit court shall have jurisdiction 
in matters of equity, subject to appeal to the supreme court, in such 
manner as may be prescribed by law. 

Sec. 7. The general assembly shall, by joint vote of both houses, 
elect the judges of the supreme and circuit courts, a majority of the 
Avhole number in joint vote being necessary to a choice. The judges 
of the supreme court shall be at least thirty years of age; they shall 
hold their offices during the term of eight years from the date of their 
commissions. Immediately after such election, by tlie first general 
assembly, the president of the senate and speaker of the house of 
representatives shall proceed by lot to divide the judges into three 
classes. The commission of the first class shall expire at the end of 
four years; of the second class at the end of six years; and of the 
third class at the end of eight years: so that one-third of the whole 
number shall be chosen every four, six and eight years. The judges 
of the circuit court shall be at least twenty-five years of age, and 
shall be elected for the term of four years from the date of their 
commissions. The supreme court shall appoint its own clerk or clerks 
for the term of four years. The qualified voters of each county shall 
elect a clerk of the circuit court for their respective counties, who 
shall hold his office for the term of two years; and courts of chan- 
cery, if any be established, shall appoint their own clerks. 

Sec. 8. The judges of the supreme and circuit courts shall, at stated 
times, receive a compensation for their services, to be ascertained by 
law, which shall not be diminished during the time for which they are 
elected. They shall not be allowed any fees or perquisites of office, 
nor hold anv other office of trust or profit under this State or the 
United States. The State's Attorneys, and Clerks of the Supreme 
and Circuit Courts, and courts of chancery, if any such be estab- 
lished, shall receive for their services such salaries, fees, and per- 
quisites of office, as shall be from time to time fixed by law. 



2.S2 Arkansas— 1836 

Sec. 1>. There shall be established in each county in the State, a 
Court to be holden by the Justices of the Peace and called the County 
Court, which shall have jurisdiction in all matters relating to county 
taxes, disbursements of money for county purposes, and in every other 
case that may be necessary to the internal improvement and local 
concerns of the respective counties. 

Sec. 10. There snail be elected, by the Justices of the Peace of the 
respective counties, a Presiding Judge of the County Court, to be 
connnissionod by the Governor, and hold his office for the term of two 
years, and until his successor is elected and qualified. He shall, in 
addition to the duties that may be required of him by law, as a Pre- 
siding Judge of the County Court, be a judge of the Court of Probate 
and nave such jurisdiction in matters relative to the estates of 
deceased persons, executors, administrators and guardians, as may he 
prescribed by law, until otherwise directed by the General Assembly. 

Sec. 11. The presiding judge of the County Court and Justices of 
the Peace shall receive for their services such compensation and fees 
as the General Assembly may from time to time by law direct. 

Sec. 12. No judge shall preside on the trial of any cause, in the 
event of which he may be mterested, or where either of the parties 
shall be connected with him by affinity or consanguinity within such 
degrees as may be prescribed by law, or in which he may have been of 
counsel, or have presided in any inferior court, except by consent of 
all the parties. In case all or any of the Judges of the Supreme Court 
shall be thus disqualified from presiding on any cause or causes, the 
Court or Judges thereof shall certify the same to the Governor of the 
State, and he shall immediately commission specially the requisite 
numl)er of men, of law-knowledge, for the trial and determination 
thereof. The same course shall be pursued in the Circuit and other 
inferior courts, as prescribed in this section for cases in the Supreme 
Court. Judges of the Circuit Courts may temporarily exchange cir- 
ceased persons, executors, administrators and guardians, as may be 
pointed out by law. Judges shall not charge juries with regard to 
matter of fact ; but may state the testimony and declare the law. 

Sec. 13. The General Assembly shall, by a joint vote of both 
Houses, elect an attorney for the State for each circuit established by 
law, who shall continue in office two years, and reside within the 
circuit for which he was elected at the time of and during his con- 
tinuance in office. In all cases where an attorney for the State of any 
circuit fails to attend and prosecute according to law, the court shall 
have power to appoint an attorney pro tempore. The attorney for the 
circuit in which the Supreme Court may hold its terms, shall attend 
the Supreme Court and prosecute for the State. 

Sec. 14. All writs and other process shall run in the name of the 
'"'■State of Arkansas,''^ and bear test and be signed by the Clerks of 
the respective courts from which they issue. Indictments shall con- 
clude " against the peace and dignity of the State of Arkansas." 

Sec. 15. The qualified voters residing in each township shall elect 
the Justices of the Peace for their respective townships. For every 
fifty voters there may be elected one Justice of the Peace: Provided, 
That each township, however small, shall have two justices of the 
peace. Justices of the Peace shall be elected for the term of two 
years, and shall be commissioned by the Governor, and reside in the 
townships for which they w^ere elected, during their continuance in 



Arkansas — 1836 283 

the office. They shall have, individually, or two or more of them 
jointly, exclusive original jurisdiction in all matters of contract, 
except in actions of covenant, where the sum in controversy is of one 
hundred dollars and under. Justices of the Peace shall in no case 
have jurisdiction to try and determine any criminal case or penal 
offence against the State; but may sit as examining courts, and com- 
mit, discharge, or recognize to the court having jurisdiction, for fur- 
ther trial, of offenders against the peace. For the foregoing purposes 
they shall have power to issue all necessary process. They shall also 
have power to bind to keep the peace, or for good behavior. 

Sec. IG. The qualified voters of each township shall elect one con- 
stable, for the term of tw^o years, w^ho shall, during his continuance 
in office, reside in the township for which he was elected. Incorpo- 
rated towns may have a separate constable and a separate magistracy. 

Sec. 17. The qualified voters of each county shall elect one sheriff, 
one coroner, one treasurer, and one county surveyor, for the term of 
two years. They shall be commissioned by the governor, reside in 
their respective counties during their continuance in office, and be 
disqualified for the office a second term, if it should appear that they 
or either of them are in default for any moneys collected by virtue of 
their respective officas. 

Article VII 

EDUCATION 

Sectiox 1. Knowledge and learning, generally diffused through a 
community, being essential to the preservation of a free government — 
and diffusing the opportunities and advantages of education through 
the various parts of the State being highly conducive to this end — it 
shall be the duty of the general assembly to provide by law for the 
improvement of such lands as are or hereafter may be granted by the 
United States to this State for the use of schools, and to apply any 
funds fhich may be raised from such lands, or from any other source, 
to the accomplishment of the object for which they are or may be 
intended. The general assembly shall, from time to time, pass such 
laws as shall be calculated to encourage intellectual, scientific and 
agricultural improvement, by allowing rewards and immunities for 
the promotion and improvement of arts, science, commerce, manu- 
factures and natural history; and countenance and encourage the 
principles of humanity, industry and morality. 

emancipation of slaves 

Section 1. The general assembly shall have no power to pass laws 
for the emancipation of slaves, without the consent of the owners. 
Thej'^ shall have no power to prevent emigrants to this State from 
bringing w ith them such persons as are deemed slaves by the laws of 
any one of the United States, They shall have power to pass laws 
to permit owners of slaves to emancipate them, saving the right of 
creditors, and preventing them from becoming a public charge. They 
shall have power to prevent slaves from being brought to this State 
as merchandise, and also to oblige the owners of slaves to treat them 
with humanity. 



284 Arkansas — 1836 

GENERAL PROVISIONS 

Section 1. Treason against the State shall consist only in levying 
war against it, or adhering to its enemies, giving them aid and com- 
fort. No person shall be convicted of treason, umess on the testimony 
of two witnesses to the same overt act, or his own confession in open 
court. 

Sec. 2. No j)erson who denies the being of a God, shall hold any 
office in the civil department of this State, nor be allowed his oath in 
any court. 

Sec. 3. No money shall be drawn from the treasury but in conse- 
quence of an appropriation by law, nor shall any appropriation of 
money for the support of an army be made for a longer term than 
two years; and a regular statement and account of the receipts and 
e.xjjenditures of all public moneys shall be published with the pro- 
mulgation of the laws. 

Sec. 4. Absence on business of this State or of the United States, or 
on a visit or necessary private business, shall not cause a forfeiture 
of a residence once obtained. 

Sec. 5. No lottery shall be authorized by this State, nor shall the 
sale of lottery tickets be allowed. 

Sec. 6. Internal improvements shall be encouraged by the govern- 
ment of this State, and it shall be the duty of the General Assembly, 
as soon as may be, to make provisions by law for ascertaining the 
proper objects of improvement in relation to roads, canals and navi- 
gable waters; and it shall also be their duty to provide by law for an 
equal, systematic and economical application of the funds which may 
be appropriated to these objects. 

Sec. 7. Returns for all elections for officers who are to be commis- 
sioned by the governor, and for members of the General Assembly, 
shall be made to the Secretary of State. 

Sec. 8. Within five years after the adoption of this Constitution, 
the laws, civil and criminal, shall he revised, digested and arranged, 
and promulgated in such manner as the General Assembly may 
direct ; and a like revision, digest and promulgation shall be made 
within every subsequent period of ten yeai*s. 

Sec. 0. In the event of the annexation of any territory to this State, 
by a cession from the United States, laws may be passed extending to 
the inhabitants of such territory all the rights and privileges which 
may be required by the terms of such cession, anything in this Con- 
stitution to the contrary notwithstanding. 

Sec. 10. The person of a debtor, except where there is strong pre- 
sumption of fraud, shall neither l^e imprisoned nor continued in 
prison, after delivering up his estate for the l)enefit of his creditors, 
in such manner as may be prescribed by law. 

REVENUE 

Secttion 1. All revenue shall be raised by taxation, to be fixed by 
law. 

Sec. 2. All jiroperty subject to taxation, shall be taxed according 
to its value — that value to be ascertained in such manner as the Gen- 
eral Assembly shall direct ; making the same equal and uniform 
ihioughout the State. No one species of property, from which a tax 



Arkansas— 1836 285 

may be collected, shall be taxed higher than another species of prop- 
erty, of equal value: Provided, The General Assembly shall have 
power to tax merchants, hawkers, peddlers, and privileges, in such 
manner as may from time to time be prescribed by law : And prorided 
further, That no other or greater amount of revenue shall at any time 
be levied than required for the necessary expenses of the government, 
unless by a concurrence of two-thirds of both Houses of the General 
Assembly. 

Sec. 3. No poll-tax shall be assessed for other than county purposes. 

Sec. 4. No other or greater tax shall be levied on the productions or 
labor of the country, than may be required for expenses of inspection. 

ESTABLISHMENT OF BANKS 

Section 1. The General Assembly may incorporate one State bank, 
with such amount of capital as may be deemed necessary, and such 
number of branches as may be required for the public convenience, 
which shall become the repository of the funds belonging to or under 
the control of the State; and shall be required to loan them out 
throughout the State, and in each county, in proportion to repre- 
sentation. And they shall further have power to incorporate one 
other banking institution, calculated to aid and promote the great 
agricultural interests of the country ; and the faith and credit of the 
State may be pledged to raise the funds necessary to carry into opera- 
tion the two banks herein specified: Provided, Such security can be 
given by the individual stockholders as will guarantee the State 
against loss or injury. 

Schedule 

Section 1. That no inconvenience may arise from the change of 
government, we declare that all writs, actions, prosecutions, judg- 
ments, claims and contracts of individuals and bodies corporate, shall 
continue as if no change had taken place; and all process which may 
be issued under the authority of the Territory of Arkansas, previous 
to the admission of Arkansas into the Union of the United States, 
shall be as valid as if issued in the name of the State. 

Sec. 2. All laws now in force in the Territory of Arkansas, which 
are not repugnant to this constitution, shall remain in force until they 
expire by their own limitations, or be altered or repealed by the gen- 
eral assembly. 

Sec. 3. All fines, penalties and escheats, accruing to the Territory 
of Arkansas, shall accrue to the use of the State. 

Sec. 4. All recognizances heretofore taken, or which may be taken 
before the change of territorial to a permanent State government, 
shall remain valid, and shall pass over to, and be prosecuted in the 
name of the State; and all bonds executed to the governor of the 
Territory, or to any other officer or court, in his or their official 
capacity, shall pass over to the governor or State authority', and their 
successors in office, for the uses therein respectively expressed ; and 
may be sued for and recovered accordingh\ All crimmal prosecu- 
tions and penal actions which may have arisen, or which may arise, 
before the change from a territorial to a State governmont, and 
which shall then be pending, shall be prosecuted to judgment and 
7251— VOL 1—07 21 



286 Arkansas— 1836 

execution in the name of the State. All actions at law, which noAv are, 
or may Ix; pending, in any of the courts of record in the Territory 
of Arkansas, may be commenced in, or transferred to any court of 
record of the State which shall have jurisdiction of the subject- 
matter tliereof ; and all suits in equity may, in like manner, be com- 
menced in, or transferred to, the court having chancery jurisdiction. 

Sec. 5. All officers, civil and military, now holding connnissions 
under authority of the United States, or of the Territory of Arkan- 
.sas, shall continue to hold and exercise their respective offices until 
they shall be suj^erseded under the authority of the State. 

Sfx'. G. The fii-st session of the general assembly of the State of 
Arkansas shall be held at the city of Little Rock, which shall be and 
renuiin the seat of government until otherwise provided for by law. 

Sec. 7. Elections shall be held at the several precincts, on the first 
Monday of August next, for a governor; also, one Representative to 
the Congress of the United States; also, for Senators and representa- 
tives to the next general assembly, clerks of the circuit and county 
courts, sheriff's, coroners, county surveyors and treasurers, justices 
of the peace and constables. 

Sec. 8. The next general assembly shall be holden on the second 
Monday of September next. 

Sec. 9. The election shall be conducted according to the existing 
laws of the Territory of Arkansas; and the returns of all township 
elections held in pursuance thereof, shall be made to the clerks of the 
proper counties, within five days after the day of election. The 
clerks of the circuit courts of the several counties shall immediately 
thereafter certify the returns of the election of governor, and trans- 
mit the same to the speaker of the house of representatives, at the 
seat of government, in such time that they may be received on the 
second Monday of September next. As soon as the general assembly 
shall be organized, the speaker of the house of representatives and 
the j)resident of the senate shall, in the presence of both houses, 
examine the returns, and declare who is duly elected to fill that office; 
and if any two or more persons shall have an equal number of votes, 
and a higher number than any other j^erson, the general assembly 
shall determine the election by a joint vote of both houses; and the 
returns of the election for member to Congress shall be made to the 
secretary of state, within thirty days after the day of election. 

Sec. 10. The oaths of office may be administered by any judge or 
justice of the peace, until the general assembly shall otherwise 
direct. 

Done in convention, at Little Rock, in the State of Arkansas, the 
thirtieth day of January, in the year of our Lord, one thousand eight 
hundred and thirty-six. and in the sixtieth year of the Independence 
of the United States of America, 

JtniN Wii>Jt)N, President. 

Charli-^ p. Bektkand, ISecretary. 



Arkansas— 1846-59 287 

AMENDMENTS TO THE CONSTITUTION OF 1836 

(Katified November 17. 184G) 

Article I. No bank or banking institution shall be hereafter incor- 
porated, or established in this State. 

Art. II. The general assembly shall have power to compel the 
judges of the circuit courts to interchange circuits either temporarily 
or permanently, under such regulationns as may be provided by law. 

Art. III. The general assembly shall have power to confer such 
jurisdiction as it may from time to time deem proper, on justices of 
the peace in all matters of contracts, covenants, and in actions for the 
recovery of fines and forfeitures, when the amount claimed does not 
exceed one hundred dollars, and in actions and prosecutions for 
assault and battery, and other penal offences, less than felony, which 
may be punishable by fine only. 

Art. IV. Judges of the supreme and circuit courts, clerks of the 
supreme and circuit courts, attorneys for the State, sheriffs, coroners, 
county treasurers, justices of the peace, constables, and all other offi- 
cers whose term is fixed by the constitution to a specific number of 
years, shall hold their respective offices for the term now specified, 
and until their successors are elected and qualified. 

(Ratified November 24, 1848) 

Art. V. That the qualified voters of each judicial circuit in the 
State of Arkansas, shall elect their circuit judge. 

Art. VI. That the qualified voters of each judicial circuit shall 
elect their prosecuting attorney for the State. 

Art. VII. That the qualified voters of each county shall elect a 
county and probate judge. 

Art. VIII. That no member of the general assembly shall be 
elected to any office within the gift of the general assembly during the 
term for which he shall have been elected. 

Art. IX. That the general assembly of the State of Arkansas shall 
not be restricted, as to the number of counties that shall compose a 
judicial circuit in this State. 

(Ratified December 2, 1850) 

Art. X. That the words " except Washington County, which may 
be reduced to six hundred square miles," included in brackets in the 
XXIXth article," be stricken out of said constitution. 

(Ratified February 12, 1859) 

Art. XL That section 29 of article IV of the constitution of this 
State be so amended that no county now established by law shall be 
deemed or considered unconstitutional on account of its containing 
a less number of square miles than nine hundred. 

(Ratified February 12, 1859) 

Art. XII. The 22d article of the IVth article of the constitution 
is hereby stricken out and repealed, and instead thereof the follo\ying 
shall be inserted as an amendment to and part of the constitution : 
The State of Arkansas shall not be sued in any of its courts. 



oTliere was no XXIXth article of the constitution of 1830. The sonato jour- 
nal of 1850 shows the amendment to have been of the 29th section of article IV. 



288 Arkansas— 1864 

CONSTITUTION OF ARKANSAS— 1861 

[A State convention, which met at Little Rock, passed an ordinance 
of secession on the Cth of May, 18(51, and on the 22d amended the 
State constitution of 1830 by inserting the words " Confederate 
States " in place of " United States," with a few other unimportant 
changes. These amendments were not submitted to the people. 1 

CONSTITUTION OF ARKANSAS— 1864 * « 

We, the people of the State of Arkansas, having the right to estab- 
lish for ourselves a Constitution in conformity with the Constitu- 
tion of the United States of America, recognizing the legitimate con- 
sequences of the existing rebellion, do hereby declare the entire action 
of the late convention of the State of Arkansas, which assembled in 
the city of Little Rock, on the fourth day of March, one thousand 
eight hundred and sixty-one, was, and is, null and void, and is not 
now, and never has been binding and obligatory upon the people. 

That all the action of the State of Arkansas under the authority 
of said convention, of its ordinances, or of its constitution, whether 
legislative, executive, judicial or military (except as hereinafter pro- 
vided,) was, and is hereby declared nidi and void; Provided, That 
this ordinance shall not be so construed as to affect the rights of 
individuals, or change county boundaries, or county seats, or to make 
invalid the acts of justices of the peace, or other officers in their 
authority to administer oaths, or take and certify the acknowledg- 
ment of deeds of conveyance or other instruments of Avriting, or in 
the solemnization of marriages: And provided further, That no debt 
or liability of the State of Arkansas incurred by the action of said 
convention, or of the legislature or any department of the govern- 
ment under the authority of either, shall ever be recognized as 
obligatory. 

And we, the people of the State of Arkansas, in order to establish 
therein a State government, loyal to the Government of the United 
States — to secure to ourselves and our posterity, the protection and 
blessings of the Federal Constitution, and the enjoyment of all the 
rights of liberty and the free pursuit of happiness, do agree to con- 
tinue ourselves as a free and independent State, by the name and 
style of " the State of Arkansas," and do ordain and establish the 
following Constitution for the government thereof: 

Article I 

BOUNDARIES OF THE STATE 

We do declare and establish, ratify and confirm the following as the 
permanent boundaries of the State of Arkansas, that is to say : Begin- 
ning in the middle of the Mississippi River, on the parallel of thirt}'^- 

* Verified by idem. See note to Constitution of Arljansas, 1836. Rose's edi- 
tion, pp. 243-276. See also Ai)pendlx to present work. 

o On tlie 4th of January. 1804. and subsequent to the occupation by the forces 
of the T'nited States of a iwrtion of tlie State, a mass convention of the people 
as.sem!)le<l at Little Rock, and on the 19th of January, 18<>4. proposed this Con- 
stitution to the people. It was ratified by 12,177 votes against 266 votes. 



Arkansas — 1864 289 

six degrees north latitude, to tlie Saint Francis River; thence up the 
middle of the main channel of said river, to the parallel of thirty-six 
degrees, thirty minutes, north, from the west to the southwest corner 
of the State of Missouri ; and from thence to be bounded on the west 
to the north bank of Red River, as by acts of Congress of the United 
States, and the treaties heretofore defining the western limits of the 
Territory of Arkansas; and to be bounded on the south side of 
Red River by the boundary-line of the State of Texas, to the north- 
west corner of the State of Louisiana ; thence east with the Louisiana 
State line, to the middle of the main channel of the Mississippi River ; 
thence up the middle of the main channel of said river, to the thirty- 
sixth degree of north latitude, the point of beginning — these being 
the boundaries of the State of Arkansas as defined by the constitution 
thereof, adopted by a convention of the representatives of the j^eople 
of said State, on the thirtieth day of January, anno Domini, eighteen 
hundred and thirty-six, being the same boundaries which limited the 
area of the Territory of Arkansas as it existed prior to that time. 

Article II 

DECLARATION OF RIGHTS 

That the great and essential principles of liberty and free govern- 
ment may be unalterably established, we declare : 

Section 1. That all men, when they form a social compact, are 
equal, and have certain inherent and indefeasible rights, amount 
which are those of enjoying and defending life and liberty ; of acquir- 
ing, possessing and protecting property and reputation, and of pur- 
suing their own happiness. 

Sec. 2. That all power is inherent in the people ; and all free gov- 
ernments are founded on their authority, and instituted for their 
peace and happiness. For the advancement of these ends, they have, 
at all times, an unqualified right to alter, reform, or abolish their gov- 
ernment in such manner as they may think proper. 

Sec. 3. That all men have a natural and indefeasible right to wor- 
ship Almighty God according to the dictates of their own consciences; 
and no man can, of right, be compelled to attend, erect or support 
any place of worship, or to maintain any ministry against his consent ; 
that no human authority can, in any case whatever, interfere with the 
rights of conscience; and that no preference shall ever be given to 
any religious establishment or mode of worship. 

Sec. 4. That the civil rights, privileges or capacities of any citizen 
shall in no wise be diminished or enlarged on account of his religion. 

Sec. 5. That all elections shall be free and equal. 

Sec. 6. That the right of trial by jury shall remain inviolate. 

Sec. 7. That printing-presses shall be free to every person ; and no 
law shall ever be made to restrain the rights thereof. The free com- 
munication of thoughts and opinions is one of the invaluable rights of 
man; and every citizen may freely speak, write and print, on any 
subject — being responsible for the abuse of that liberty. 

Sec. 8. In prosecutions for the publication of papers investigating 
the official conduct of officers or men in public capacity, or where the 
matter published is proper for public information, the truth thereof 



290 Arkansas— 1864 

imiy Lh^ pven in evidence, and in all indictments for libels, the jury 
shall have the right to determine the law and the facts. 

Sec. 1). That the people shall be secure in their persons, houses, 
papers and possessions, from unreasonable search and seizures; and 
that general warrants, whereby any officer mav be commanded to 
search suspected places without evidence of the ^act committed, or to 
seize any person or persons not named, whose offences are not particu- 
larly descrilx>d and supported by evidence, are dangerous to liberty, 
and shall not be granted. 

Sec. 10. That no num shall be taken or imprisoned, or disseized of 
liis freehold, liberties or privileges, or outlawed or exiled, or in any 
manner destroyed, or deprived of his life, liberty, or property, but by 
the judgment of his peers or the law of the land. 

Sec. 11. That in all criminal prosecutions, the accused hath a right 
to be heard by himself and counsel; to demand the nature and cause 
of the accusation against him, and to have a copy thereof; to meet 
the witnesses face to face; to have compulsory process for obtaining 
witnesses in his favor; and in prosecutions by indictment or present- 
ment, a sjjeedy public trial by an impartial jury of the county or dis- 
trict in which the crime may have been committed ; and shall not be 
compelled to give evidence against himself. 

Sec. 12. That no person shall for the same offence, be twice put in 
jeopardy of life or limb. 

Sec. 13. That all penalties shall be reasonable, and proportioned 
to the nature of the offence. 

Sec. 14. That no man shall be put to answer any criminal charge, 
but by presentment, indictment or impeachment, except as hereinafter 
provided. 

Sec. 15. That no conviction shall work corruption of blood or for- 
feiture of estate, under any law of this State. 

Sec. K). That all prisoners shall be bailable by sufficient securities, 
unless in capital offences, where the proof is evident or the presump- 
tion great. And the privilege of the writ of habeas corpus shall not 
be suspended, unless where in case of rebellion or invasion the public 
safety may require it. 

Sec. 17. That excessive bail shall in no case be required, nor exces- 
sive fines imposed. 

Sec. 18. That no ex post facto law, or law impairing the obliga- 
tions of contracts shall ever be made. 

Sec. 10. That perpetuities and monopolies are contrary to the 
genius of a republic, and shall not be allowed ; nor shall any heredit- 
ary emoluments, privileges or honors, ever be granted or conferred in 
this State. 

Sec. 20. That the citizens have a right, in a peaceable manner, to 
assemble together for their common wood to instruct their represen- 
tatives, and to apply to those invested with the power of the govern- 
ment for redress of grievances or other proper purposes, by address 
or remonstrance. 

Sec. 21. That the free white men of this State shall have a right to 
keep and to bear arms for their common defence. 

Sec. 22. That no soldier shall, in time of peace, be quartered in any 
house without the consent of the owner, nor in time of war, but in a 
manner prescribed by law. 



Arkansas — 1864 291 

Sec. 23. The military shall be kept in strict subordination to the 
civil power. 

Sec, 24. This enumeration of rights shall not be construed to deny 
or disparage others retained by the peoj)le, and to guard against any 
encroachments on the rights herein retained, or any transgression of 
anj of the higher powers herein delegated, we declare that every- 
thing in this article is excepted out of the general powers of the gov- 
ernment, and shall forever remain inviolate; and that all laws con- 
trary thereto, or to the other provisions herein contained, shall be 
void. 

Article III 

OP DEPARTMENTS 

Section 1. The power of the government of the State of Arkansas 
shall be divided into three distinct departments, each of them to be 
confided to a separate body of magistracy, to wit: Those which are 
legislative to one; those which are executive to another; and those 
which are judicial to another. 

Sec. 2. No person or collection of persons being of one of those 
departments, shall exercise any power belonging to either of the 
others, except in the instances hereinafter expressly directed or per- 
mitted. 

Article IV 

legislative department 

Section 1. The legislative power of this State shall be invested in 
a general assembly, which shall consist of a senate and house of 
representatives. 

qualification of electors 

Sec. 2. Every free wdiite male citizen of the United States who 
shall have attained the age of twenty-one j^ears, and who shall have 
been a citizen of the State six months next preceding the election, 
shall be deemed a qualified elector, and be entitled to vote in the 
county or district w^here he actually resides, or in case of volunteer 
soldiers, within their several military departments or districts, for 
each and every office made elective under the State or under the 
United States: Provided, That no soldier, seaman or marine in the 
Regular Army or Navy of the United States shall be entitled to vote 
at any election within the State in time of peace: And provided fur- 
ther, That any one entitled to vote in this State in the county where 
he resides, may vote for the adoption or rejection of this constitution 
in any county in this State. 

time of choosing representatives 

Sec. 3. The house of representatives shall consist of meml)ers to be 
chosen every second year by the qualified electors of the several 
counties. 

qualifications or a representative 

Sec. 4. No person shall be a member of the house of representatives 
who shall not have attained the age of twenty-five years ; who shall 



292 Arkansas— 1864 

not be a free male white citizen of the United States; who shall not 
have been an inhabitant of this State one year; and who shall not, at 
the time of his electi<m, have an actual residence in the county he may 
be chosen to represent. 

QUALIFICATlCiNS OF A SENATOR 

Sec. 5. The senate shall consi.st of members to be chosen every four 
years, by the qualified electors of the several districts. 

Sec. 0. No person shall be a senator who shall not have attained the 
age of twenty-five years; who shall not be a free, white male citizen 
of the United States; who shall not have been an inhabitant of ttiis 
State one year; and who shall not, at the time of his election, have an 
actual residence in the district he mav be chosen to represent. 

Sec. 7. The general assembly shall meet every two years, on the 
first ^londay in November, at the seat of government, until changed 
by law, except that the general assembly for the year 1864, shall meet 
on the second Monday in April of that year. 

MODE OF ELECTION AND TIAIE AND PRIVILEGES OF ELECTORS 

Sec. 8. All general elections shall be viva voce until otherwise 
directed by law, and commence and be holden every two years, on the 
first Monday in August, until altered by law, (except that) the first 
election under this constitution shall be held on the second Monday in 
March, 1804, and the electors in all cases, except in cases of treason, 
felony and breach of the peace, shall be privileged from arrest during 
their attendance on elections and in going to and returning therefrom. 

DUTY OF GOVERNOR 

Sec. 9. The governor shall issue writs of election to fill such vacan- 
cies as shall occur in either house of the general assembly. 

Sec. 10. No judge of the supreme circuit, or inferior courts of law, 
or equity. Secretary of State, Attorney-General of the State, District 
Attorneys, State Auditor or Treasurer, register or recorder, clerk of 
any court of record, sheriff, coroner or member of Congress, nor any 
other person holding any lucrative office under the United States or 
this State, (militia officers, justices of the peace, postmasters and 
judges of the county courts excepted,) shall be eligible to a seat in 
either House of the General Assembly. 

Sec. 11. No person who now is, or shall be hereafter, a collector or 
holder of public money, nor any assistant or deputy of such holder or 
collector of public money, shall be eligible to a seat in either House 
of the General Assembly, nor to any office of trust or profit ; until he 
shall have accounted for and paid over all sums for which he may 
have been liable. 

Sec. 12. The General Assembly shall exclude from every office of 
trust or profit, and from the right of sufferage within this State, all 
persons convicted of briber}', or perjury, or other infamous crime. 

Sec. 13. Every person who shall have been convicted, either 
directly or indirectly, of giving or offering any bribe to procure his 
election or appointment, shall be disqualified from holding any office 



Arkansas — 1864 293 

of trust or profit under this State ; and any person who shall give or 
offer any bribe to procure the election or appointment of any person 
shall, on conviction thereof, be disqualified irom being an elector, or 
from holding office of trust or profit under this State. 

Sec. 14. No senator or representative shall, during the term for 
which he shall have been elected, be appointed to any civil office under 
this State which shall have been created, or the emoluments of which 
shall have been increased during his continuance in office, except to 
such office as shall be filled by the election of the people. 

Sec. 15. Each House shall appoint its own officers, and shall judge 
of the qualifications, returns and elections of its own members. Two- 
thirds of each house shall constitute a quorum to do business, but a 
smaller number may adjourn from day to day, and compel the attend- 
ance of absent members, in such manner and under such penalties as 
"each house shall provide. 

Sec. 10. Each house may determine the rules of its proceedings, 
punish its own members for disorderly behavior, and, with the con- 
currence of two-thirds of the members elected, expel a member; but 
no member shall be expelled a second time for the same offence. They 
shall each, from time to time, publish a journal of their proceedings, 
except such parts as may require secrecy ; and the yeas and nays upon 
any question shall be entered on the journal at the desire of any five 
members. 

Sec. 17. The door of each house, when in session or in committee 
of the whole, shall be kept open, except in cases which may require 
secrecy; and each house may punish, by fine and imprisonment, any 
person, not a member, who shall be guilty of disrespect to the house, 
by any disorderly or contemptuous behavior in their presence during 
their session; but such imprisonment shall not extend beyond the 
final adjournment of that session. 

Sec. 18. Bills may originate in either House, and be amended or 
rejected in the other, and every bill for an act shall be read three 
times before each house, twice at length, and in no case shall a bill be 
read more than twice on one day; and the vote upon the passage of 
any law shall, in all cases, be taken by yeas and nays, and by record- 
ing the same; and every bill having passed both houses, shall be 
signed by the president of the senate and the speaker of the house of 
representatives. 

Sec. 10. Whenever an officer, civil or military, shall be appointed 
by the joint or concurrent vote of both houses, or by the separate vote 
of either house of the General Assembly, the vote shall be taken vira 
voce, and entered on the journal. 

Sec. 20. The 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 for fifteen days 
before the commencement and after the termination of each session ; 
and for any speech or debate in either House, they shall not be ques- 
tioned in any other place. 

Sec. 21. The members of the General Assembly shall severally 
receive from the public treasury, compensation for their services, 
which may be increased or diminished ; but no alteration of such com- 
pensation of members shall take effect during the session at which it 
is made. 



294 Arkansas — 1864 

MANNER OK BBINOING SUITS AGAINST THE STATE 

Sec. 22. The general assembly shall direct by law, in what courts, 
and in what manner suits may be commenced against the State. 

Sec. 23. The general asstunbly shall not have power to pass any bill 
of divorce, but may prescribe by law the manner in which such cases 
may be investigated in the courts of justice, and divorces granted. 

Sec. 24. The governor, lieutenant-governor, secretary of state, audi- 
tor, treasurer, and all judges of the supreme, circuit and inferior 
courts of law and equity, and the prosecuting attorneys for the State, 
shall be liable to impeachment for any malpractice or misdemeanor 
in office, but judgment in such cases shall not extend further than 
removal from office, and disqualification to hold any office of trust or 
profit under this State. The party impeached, whether convicted or 
acquitted, shall nevertheless be liable to be indicted, tried and pun- 
ished according to law. 

Sec. 25. The house of representatives shall have the sole power of 
impeachment, and all impeachments shall be tried by the senate; and 
when sitting for that purpose, the senators shall be on oath or affirma- 
tion to do justice according to law and evidence. AVlien the governor 
shall be tried, the chief justice of the supreme court shall preside, and 
no })erson shall be convicted without the concurrence of two-thirds of 
all the senators elected ; and for reasonable cause which shall not be 
sufficient ground for impeachment, the governor shall, on the joint 
address of two-thirds of each branch of the legislature, remove from 
office the judges of the supreme and inferior courts: Provided, The 
cause or causes of removal be spread on the journals, and the party 
charged be notified of the same, and heard by himself and counsel 
before the vote is finally taken and decided. 

Sec. 26, The appointment of all officers, not otherwise directed by 
this constitution, shall be made in such manner as may be prescril^ed 
by law; and all officers, both civil and military, acting under the 
authority of this State, shall, before entering on the duties of their 
respective offices, take an oath or affirmation to support the Constitu- 
tion of the United States and of this State, and to demean themselves 
faithfully in office. 

Sec. 27. No county now established by law shall ever be reduced by 
the establishment of any new county or counties, to less than six 
hundred square miles, nor to a less population than its ratio of repre- 
sentation in the house of representatives; nor shall any county be 
hereafter established which shall contain less than six hundred square 
miles, or a less population than would entitle each county to a member 
in the house of representatives. 

Sec. 28. The style of the laws of this State shall be — ^^Be it enacted 
by the general assembly of the State of Arkansas^ 

Sec. 29. The State shall from time to time be divided into con- 
venient districts, in such manner that the senate shall be based upon 
the free, white male inhabitants of the State, each senator represent- 
ing an equal numl)er as nearly as practicable; and the senate shall 
never consist of less than seventeen nor more than thirty-three mem- 
bers; and as soon as the senate shall meet after the first election to 
be held under this constitution, they shall cause the senators to be 
divided by lot into two classes, nine of the first class and eight of the 
second ; and the seats of the first class shall be vacated at the end of 



Arkansas — 1864 295 

two years from the time of their election ; and the seats of the second 
class at the end of four years from the time of their election, in 
order that one class of the senators may be elected every two years. 

Sec. 30. An enumeration of the inhabitants of the State shall be 
taken under the direction of the general assembly on the first day of 
January, one thousand eight hundred and sixty-five, and at the end 
of every ten years thereafter; and the general assembly shall, at the 
first session after the return of every enumeration, so alter and 
arrange the senatorial districts, that each district shall contain, as 
nearly as practicable, an equal number of free white male inhabitants. 

Sec. 31. The ratio of representation in the senate shall be fifteen 
hundred free white male inhabitants to each senator, until the sena- 
tors amount to twenty-five in number, and then they shall be equally 
apportioned upon the same basis throughout the State, in such ratio 
as the increased number of free white male inhabitants may require, 
without increasing the senators to a greater number than twenty- 
five, until the population of the State amounts to five hundred thou- 
sand souls; and when an increase of senators takes place, they shall, 
from time to time, be divided by lot, and be classed as prescribed 
above. 

Sec. 32. The house of representatives shall consist of not less than 
fifty-four, nor more than one hundred representatives, to be appor- 
tioned among the several counties in this State, according to the 
number of free white male inhabitants therein, taking five hundred 
as the ratio, until the number of representatives amounts to seventy- 
five; and when they amount to seventy-five, they shall not be further 
increased until the population of the State amounts to fiv-e hundred 
thousand souls: Provided, That each county now organized, shall, 
although its population may not give the existing ratio, always be 
entitled to one representative ; and at the first session of the general 
assembly, after the return of every enumeration, the representation 
shall be equally divided and re-apportioned among the several coun- 
ties, according to the number of free white males in each county, as 
above prescribed. 

mode or amending the constitution 

The General Assembly may, at any time, propose such amendments 
to this Constitution as two-thirds of each house shall deem expedient, 
which shall be published in all the newspapers published in this 
State, three several times, at least twelve months before the next 
General Election ; and if, at the first session of the General Assembly 
after such general election, two-thirds of each House shall, by yeas 
and nays, ratify such proposed amendments, they shall be valid to 
all intents and purposes as parts of this Constitution: Provided, 
That such proposed amendments shall be read on three several days 
in each House, as well when the same are proposed as when they 
are finally ratified. 

Article V 

abolishment of slavery 

Section 1. Neither slavery nor involuntary servitude shall here- 
after exist in this State, otherwise than for the punishment of crime, 



296 Arkansas — 1864 

wlu'irof the ])ait y shall have Ix'en convicted by due process of law ; 
nor shall any male jjerson, arrived at the a^e of twenty-one years, nor 
female arrived at the ape of eijjhteen years, lje held to serve any per- 
son as a servant, under any indenture or contract hereafter made, 
unless such person shall enter into such indenture or contract while 
in a state of perfect freedom, and on condition of a bona-fide con- 
sideration received, or to be received for their services. 

Nor shall any indenture of any negro or mulatto hereafter made and 
executed out of this State, or if made in this State, where the term 
of service exceeds one vear, be of the least validity, except those given 
in case of apprenticesliip, which shall not be for a longer term than 
until the apprentice shall arrive at the age of twenty-one years, if a 
male, or the age of eighteen years, if a female. 

Article VI 

EXECUTIVE DEPARTMENT 

Section 1. The supreme executive power of this State shall be 
vested in a chief magistrate, who shall be styled '' the (Governor of 
Arkansas." 

Sec 2. The Governor shall be elected by the qualified electors, at 
the time, and places where they shall respectively vote for Repre- 
sentatives. 

Sec. 3. The returns of every election for Governor, except those of 
the election of eighteen hundred and sixty-four, which shall be sealed 
and directed, as ordered in the schedule apjxsnded to this Constitu- 
tion, shtill be sealed up and transmitted 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 
of the general assembly, in such manner as shall be prescribed by law. 

Sec. 4. The governor shall hold his office for the term of four years 
from the time of his installation, and until his successor shall be duly 
qualified, but he shall not be eligible for more than eight years in 
any term of twelve years; he shall be at least thirty years of age, 
a native-born citizen of Arkansas, or a native-born citizen of the 
United States, or a resident of Arkansas ten years previous to the 
adoption of this constitution, if not a native of the United States, 
and shall have been a resident of the same at least four years next 
before his election. 

Sec. 5. He shall, at stated times, receive a compensation for his 
services, which shall not be increased or diminished during the term 
for which he shall have been elected; nor shall he receive, within 
that period, any other emolument from the United States, or any one 
of them, or from any foreign power. 

Sec. 0. He shall be conmiander-in-chief of the army of this State, 
and of the militia thereof, except when. they shall be called into the 
service of the United States. 

Sec. 7. He may require any information, in writing, from the 
officers of the executive department on any subject relating to the 
duties of their respective offices. 



Arkansas— 1864 297 

Sec. 8, He may, by proclamation, on extraordinary occasions, con- 
vene the general assembly at the seat of government, or at a different 
place, if that shall have become, since their last adjournment, danger- 
ous from an enemy, or from contagious diseases. In case of dis- 
agreement between the two houses, with respect to the time of ad- 
journment, he may adjourn them to such time as he shall think 
proper, not beyond the day of the next meeting of the general 
assembly. 

Sec. 9. 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. 10. He shall take care that the laws be faithfully executed. 

Sec. 11. In all criminal and penal cases, except in those of treason 
and impeachment, he shall have power to grant j^ardons, after con- 
viction, and remit fines and forfeitures, under such rules and regula- 
tions as shall be prescribed by law. In cases of treason, he shall 
have power, by and with the advice and consent of the senate, to 
grant reprieves and pardons, and he may, in the recess of the senate, 
respite the sentence imtil the end of the next session of the general 
assembly. 

Sec. 12. There shall be a seal of this State, which shall be kept by 
the governor, and used by him officially. 

Sec. 13. All commissions shall be in the name and by the authority 
of the State of Arkansas, be sealed with the seal of this State, signed 
by the governor, and attested by the secretary of state. 

Sec. 14. There shall be elected a secretary of state by the qualified 
voters of the State, who shall continue in office during the term of 
four years, and until his successor in office be duly qualified ; he shall 
keep a fair register of all official acts and proceedings of the gov- 
ernor, and shall, when required, lay the same, and all papers, minutes 
and vouchers relative thereto, before the general assembly, and sKall 
perform such other duties as may be required by law. 

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

Sec. 1G. Vacancies that may occur in offices, the election to which 
is vested in the people, within less than one year before the expira- 
tion of their term, shall be filled by the governor granting commis- 
sions, which shall expire at the end'of the next term ; but it one year 
or a longer period remains unexpired at the time of the vacancy, 
then, and in that case, the governor shall order an election to be held 
to fill the vacancy. 

Sec. 17. Every bill which shall have passed both houses shall be 
presented to the* governor ; if he approve it, he shall sign it; but if 
he shall not approve it, he shall return it, with his objections, to 
the house in which it shall have originated, who shall enter his ob- 
jections at large upon their 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, likewise, it shall be consid- 
ered, and if approved bv a majority of the whole number elected to 
that House, it shall be "^a law; but" in such cases, the votes of both 
Houses shall be determined by yeas and nays, and the names of the 



298 Arkansas— 1864 

l)ersons voting for or against the bill, shall be entered on the journals 
of each House resjjectively. If any bill shall not be returned by the 
Governor within three days, Sundays excepted, after it shall have 
been presented to him, the same shall l)e a law in like manner as if 
he had signed it, unless the General Assembly, by their adjournment, 
prevent its return ; in such case it shall not be a law. 

Sec. 18. Every order or resolution, to which the concurrence of 
both Houses may be necessary, except on questions of adjournment, 
shall l)e presented to the Governor 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. 19. A Lieutenant-Governor shall be chosen at every election 
for Governor, in the same manner, continue in office for the same 
time, and possess the same qualifications. In voting for Governor 
and Lieutenant-Governor, the electors shall distinguish for whom 
they vote as Governor, and for whom as Lieutenant-Governor. 

Sec. 20. He shall, by virtue of his office, he President of the Senate, 
have a right, when in committee of the whole, to debate, and, when- 
ever the Senate are equally divided, shall give the casting vote. 

Sec. 21. Whenever the government shall be administered by the 
Lieutenant-Governor, or he shall be unable to attend as President of 
the Senate, the Senate shall elect one of their own members as presi- 
dent for that occasion; and if, during the vacancy of the office of the 
Governor, the Lieutenant-Governor shall be impeached, removed 
from office, refuse to qualify, or resign, or die, or be absent from the 
State, the President of the Senate shall, in like manner, administer 
the government. 

Sec. 22. The Lieutenant-Governor, while he acts as President of 
the Senate, shall receive for his services the same compensation, which 
shall for the same period l>e allowed to the Speaker of the House of 
Representatives, and no more, and during the time he administers 
the government as Governor, he shall receive the same compensation 
which the Governor would have received had he been employed in the 
duties of his office. 

Sec. 23. In case of an impeachment of the Governor, his removal 
from office, death, refusal to qualify; resignation, or absence from the 
State, the Lieutenant-Governor shall exercise all the power and au- 
thority appertaining to the office of Governor, until the time pointed 
out by this Constitution for the election of a Governor shall arrive, 
imless the General Assembly shall provide by law for the election of 
Governor to fill such vacancv. 

Sec. 24. The Governor shall always reside at the seat of govern- 
ment. 

Sec. 25. No person shall hold the office of Governor or Lieutenant- 
Governor, and any other office or commission, civil or military, either 
in this State or under any State, or the United States, or any other 
power, at one and the same time. 

Sec. 26. There shall be elected by the qualified voters of this State, 
an Auditor and Treasurer for this State, who shall hold their offices 
for the term of two years, and until their respective successors are 
elected and qualified, unless sooner removed, and shall keep their 



Arkansas — 1864 299 

respective offices at the seat of government, and shall perform such 
duties as shall be prescribed by law ; and in case of vacancy by death, 
resignation or otherwise, such vacancy shall be filled by the Governor 
as in other cases. 

MILITIA 

Section 1. The militia of this State shall be divided into con- 
venient divisions, brigades, regiments and companies, and officers of 
corresponding titles and rank elected to command them, conforming, 
as nearly as practicable, to the general regulations of the Army of 
the United States; and all officers shall be elected by those subject to 
military duty in their several districts, except as hereinafter pro- 
vided. 

Sec. 2. The Governor shall appoint the Adjutant-General and 
other members of his staff; and Major-Generals, Brigadier-Generals, 
and Commanders of regiments, shall respectively appoint their own 
staff; and all commissioned officers may continue in office during good 
behavior, and staff officers during the same time, subject to be re- 
moved by the superior officer from whom they respectively derive 
their commissions. 

Article VII 
judicial department 

Section 1. The judicial power of this State shall be vested in one 
supreme court, in circuit courts, in county courts, and in justices of 
the peace. The general assembly may also vest such jurisdiction as 
may be deemed necessary in corporation courts, and when they deem 
it expedient, may establish courts of chancery. 

Sec. 2. The supreme court shall be composed of three judges, one 
of whom shall be styled chief justice, any two of whom shall consti- 
tute a quorum, and the concurrence of any two of said judges shall, in 
every case, be necessary to a decision. 

The supreme court, except in cases otherwise directed by this con- 
stitution, shall have appellate jurisdiction only, Avhich shall be co 
extensive with the State, under such restrictions and regulations as 
may, from time to time, be prescribed by law. 

It shall have a general superintending control over all inferior and 
other courts of law and equity. It shall have power to issue writs of 
error, supersedeas, certiorari and habeas corpus, mandamns and quo 
warranto, and other remedial writs, and to hear and determine the 
same. Said judges shall be conservators of the peace throughout the 
State, and shall have power to issue any of the aforesaid Avrits. 

Sec. 3. The circuit court shall have original jurisdiction over all 
criminal cases which shall not be otherwise provided for by law; and 
exclusive original jurisdiction of all crimes amounting to felony at 
the common law, and original jurisdiction of all civil cases which 
shall not be cognizable before justices of the peace, until otherwise 
directed by the general assembly; and original jurisdiction in all mat- 
ters of contract, where the sum in controversy is over two hundred 
dollars. It shall hold its terms at such place in each county as may be 
by law directed. 



300 Arkansas— 1864 

Sec. 4. The State shall be divided into convenient circuits, each to 
consist of not less than five nor more than seven counties contiguous 
to each other, for each of which a judge shall be elected, who, during 
his continuance in office, shall reside and be a conservator of the peace, 
within the circuit for which he shall have been elected. 

Sec. 5. The circuit courts shall exercise a superintending control 
over the count}^ courts, and over justices of the peace in each county, 
in their respective circuits, and shall have power to issue all the neces- 
sary writs to carry into effect their general and specific powers. 

Sec. G. Until the general assembly shall deem it expedient to estab- 
lish courts of chancery, the circuit courts shall have jurisdiction in 
matters of eipiity, subject to appeal to the supreme court, in such man- 
ner as may be i)rescribed by law. 

Sec. 7. The qualified voters of this State shall elect the judges of 
the supreme court; the judges of the supreme court shall be at least 
thirty years of age; they shall hold their offices during the term of 
eight years from the date of their commissions, and until their suc- 
cessors are elected and qualified. 

Immediately after such election by the people, the lieutenant-gov- 
ernor and speaker of the house of representatives shall proceed, by 
lot, to divide the judges into three classes. The commission of the 
first class shall expire at the end of four years; of the second class at 
the end of six years; and of the third class at the end of eight years; 
so that one-third of the whole number shall be chosen every four, six 
and eight years. 

Sec. 8. The qualified voters of each judicial district shall elect a 
circuit judge. The judges of the circuit court shall be at least twenty- 
five years of age, and shall be elected for the term of four years from 
the date of their commissions, and shall serve until their successors 
are elected and qualified. 

Sec. 9. The sui)reme court shall appoint its own clerk or clerks, for 
the term of four years.. The qualified voters of each county shall 
elect a clerk of the circuit court for the respective counties, who shall 
hold his office for the term of two years, and until his successor is 
elected and qualified; and courts of chancery, if any be established, 
shall appoint their own clerks. 

Sec. 10. The Judges of the Supreme Courts and Circuit Courts 
shall, at stated times, receive a compensation for their services, to be 
ascertained by law, which shall not be diminished during the time 
for which they are elected. They shall not be allowed any fees or 
perquisites of office, nor hold any other office of trust or profit under 
this State or the United States. The Attorney-General, the State's 
Attorneys, and Clerks of the Supreme and circuit Courts, and courts 
of chancery, if any such be established, shall receive for their services 
such salaries, fees and perquisites of office, as shall, from time to time, 
be fixed by law. 

Sec. 11. There shall be established in each county in the State, a 
court to be holden by the Justices of the Peace, a court called the 
County Court, which shall have jurisdiction in all matters relating to 
taxes, disbursements of money for county purposes, and in every 
other case that may be necessary to the internal improvement and 
local concerns of the respective counties. 

Sec. 12. The qualified voters of each county shall elect a County 
and Probate Judge, who shall hold his office for two years, and until 



Arkansas — 1864. 301 

his successor is elected and qualified. He shall, in addition to the 
duties that may be required of him by law, as a presiding judge of 
the County Court, be a judge of the court of probate, and have such 
jurisdiction in matters relating to the estates of deceased persons, 
executors, administrators and guardians, as may be prescribed by 
law, until otherwise directed bv the General Assembly. 

Sec. 13. The presiding Judge of the Probate and County Court, 
and Justices of the Peace, shall receive for their services such com- 
pensation and fees as the General Assembly may from time to time 
by law direct. 

Sec. 14. No judge shall preside on the trial of any cause in the 
event of which he may be interested, or Avliere either of the parties 
shall be connected with him by affinity or consanguinity, within such 
degrees as may be prescribed by law, or in which he may have been 
counsel, or have presided in any inferior court, except by consent of 
all the parties. In case all or any of the Judges of the Supreme 
Court shall be thus disqualified from presiding on any cause or 
causes, the court or judges thereof shall certify the same to the Gov- 
ernor of the State, and he shall immediately commission, specially, 
the requisite number of men of law -knowledge, for the trial and 
determination thereof. The same course shall be pursued in the Cir- 
cuit and inferior courts as prescribed in this section for cases of the 
Supreme Court. Judges of the Circuit Courts may temporarily ex- 
change circuits, or hold courts for each other, under such regulations 
as may be pointed out by law. Judges shall not charge juries with 
regard to matter of fact, but may state the testimony and declare the 
law. 

Sec. 15. The qualified A^oters thereof shall elect an Attorney for 
the State, for each judicial circuit established by law, who shall con- 
tinue in office two years, and until his successor is elected and qual- 
ified, and reside within the circuit for which he was elected at the 
time of, and during his continuance in office. In all cases where an 
attorney for the State, of any circuit, fails to attend and prosecute, 
according to law, the court shall have power to appoint an attorney 
pro tempore. 

Sec. 16. The qualified voters of this State shall elect an Attorney- 
General, whose salary shall be the same as that of Circuit Judge, 
who shall be learned in the laAV ; who shall be at least thirty years of 
age, and shall hold his office for the term of four years from the date 
of his commission, and until his successor is elected and qualified ; 
and whose duty it shall be to prosecute the State's pleas before the 
Supreme Court, and give his opinion, in writing, on all questions of 
law or equity, when required by the governor or other officer of the 
State, and perform such other duties as may be jjrescribed by law. 

Sec. it. All writs and other process shall run in the name of the 
''^State of Arkansas,'''^ and bear teste and be signed by the clerks of 
the respective courtg from which they issue. Indictments shall con- 
clude " against the peace and dignity of the State of Arkansas." 

Sec. 18, The qualified voters residing in each township shall elect 
the Justices of the Peace for each township. For every one hun- 
dred voters there may be elected one Justice of the Peace: Provided, 
That each township, however small, shall have two justices of the 
peace. Justices of the peace shall be elected for the term of two 
years, and shall hold their offices until their successors are elected 

7251— VOL 1—07 22 



302 Arkansas— 1864 

and (qualified; shall he commissioned by the governor, and shall reside 
in the township for which they are elected during their continuance 
in office. The first election for justices of the peace shall take place 
on the second Monday in March, one thousand eight hundred and 
sixty-four, and the second election on the first Monday in August, 
one thousand eight hundred and sixty-six, and at the regular elec- 
tions thereafter. Justices of the peace, individually, or two or more 
of them jointl}', shall have original jurisdiction in cases of bastardy, 
and in all matters of contract, and actions* for the recovery of fines 
and forfeiture where the amount claimed does not exceed two hun- 
dred dollars, and concurrent jurisdiction with circuit courts where 
the amount claimed exceeds one hundred dollars, and does not exceed 
two hundred dollars, and such jurisdiction as may be provided by 
law in actions ex delicto, where the damages claimed do not exceed 
one hundred dollars, and prosecutions for assault and battery and 
other penal offences less than felony, punishable by fine only. Every 
action cognizable before a justice of the peace, instituted by summons 
or warrant, shall be brought before some justice of the peace of the 
township where the defendant resides. They may also sit as exam- 
ining courts, and commit, discharge, or recognize any person charged 
with any crime of any grade. For the foregoing purposes they shall 
have power to issue all necessary process. They shall also have 
power to bind, to keep the peace, or lor good behavior. 

Sec. 19. The qualified voters of each township shall elect one con- 
stable for the term of two years, who shall hold his office till his 
successor is elected and qualified, who shall, during his continuance 
in office, reside in the townshij) for which he was elected. Incorpo- 
rated towns may have a separate constable and a separate magistracy, 
successor is elected and qualified, who shall, during his continuance 
one coroner, and one county surveyor, for the term of two years, and 
until their successors are elected. They shall be commissioned by the 
governor, reside in their respective counties during their continuance 
in office, and be disqualified for the office a second term, if it should 
appear that they or either of them are in default for moneys collected 
by virtue of their respective offices. 

Article VIII 

GENERAL PROVISIONS EDUCATION 

Section 1. Knowledge and learning generally diffused throughout 
a community, being essential to the preservation of a free govern- 
ment, and diffusing the opportunities and advantages of education 
through the various parts of the State, being highly conducive to 
this end, it shall be the duty of the general assenibly to provide by 
law for the improvement of such lands as are or hereafter may be 
granted by the United States to this State for the use of schools, and 
to apply any funds which may be raised from such lands, or from 
any other source, to the accomplishment of the object for which they 
are or maj' be intended. The general assembly shall, from time to 
time, pass such laws as shall be calculated to encourage intellectual, 
scientific and agricultural improvement, by allowing rewards and 
immunities for the promotion and improvement of arts, science, 



Arkansas — 1864 303 

commerce, manufactures, and natural history, and countenance and 
encourage the principles of humanity, industry and morality. 

Sec. 2. Treason against the State shall consist gnly in levying war 
against it, or adhering to its enemies, giving them aid and comfort. 
No person shall be convicted of treason unless on the testimony of 
two witnesses to the same overt act, or his own confession in open 
court. 

Sec. 3. No person who denies the being of a God shall hold any 
office in the civil department of this State, nor be allowed his oath in 
any court. 

Sec. 4. No money shall be drawn from the treasury but in conse- 
quence of an appropriation by law^; nor shall any appropriation of 
money for the support of the army be made for a longer term than 
two A^ears; and a regular statement and account of the receipts and 
expenditures of all public money shall be published with the pro- 
mulgation of the laws. 

Sec. 5. Absence on business of this State, or of the United States, 
or on a visit, or necessary private business, shall not cause a forfeiture 
of a residence once obtained. 

Sec. 6. No lottery shall be authorized by this State, nor shall the 
sale of lottery tickets be allowed. 

Sec. 7. Internal improvement shall be encouraged by the govern- 
ment of this State ; and it shall be the duty of the General Assembly, 
as soon as may be, to make provision by law for ascertaining the 
proper objects of improvement in relation to roads, canals and navi- 
gable waters; and it shall also be their duty to provide by law for an 
equal, systematic and economical application or the funds which may 
be appropriated to these objects. 

Sec. 8. Returns for all elections for officers who are to be commis- 
sioned by the Governor, and for members of the General Assembly, 
shall be made to the Secretary of State, except in the election of 
eighteen hundred and sixty-four, they may be made as directed in 
the schedule appended to this Constitution. 

Sec- 9. Within five years after the adoption of this Constitution, 
the laws, civil and criminal, shall be revised, digested and arranged, 
and promulgated in such manner as the General Assembly may direct, 
and a like revision, digest and promulgation shall be made within 
every subsequent period of ten years. 

Sec. 10. In the event of the annexation of any territory to this 
State by a cession from the United States, laws may be passed extend- 
ing to the inhabitants of such territory all the rights and privileges 
which may be required by the terms of such cession, anything in this 
Constitution to the contrary notwithstanding. 

Sec. 11. Imprisonment for debt shall not be allowed in this State, 
except when an allegation of fraud on the part of the debtor shall 
be clearly proved. 

Sec. 12. Any person who shall, after the adoption of this Constitu- 
tion, fight a duel, or send or accept a challenge for that purpose, or 
be aider or abettor in fighting a duel, shall be deprived of the right 
of suffrage, and of the right of holding any office of honor or profit 
in this State, and shall be punished otherwise in such manner as is 
or may be prescribed by law. 



304 Arkansas— 1864 

Akticle IX 

REVENUE 

Section 1. All revenue shall bo raised by taxation to Ikj fixed by 
law. 

Sec. 2. All property subject to taxation shall l)e taxed according to 
its value, that value to be ascertained in such manner as the General 
Assembly shall direct, making the same equal and uniform through- 
out the State. No one species of property from which a tax may be 
collected shall be taxed higher than another species of property of 
equal value: Provided, The General Assembly shall have the power 
to tax merchants, hawkers, peddlers and privileges, in such manner 
as may from time to time be prescribed law: And provided further, 
That no other or greater amount of revenue shall at any time be 
levied than required for the necessary expenses of the government, 
unless by a concurrence of two-thirds of both Houses of the General 
Assembly. 

Sec. 3. No poll-tax shall be assessed for other than county purposes. 

Sec. 4. No other or greater tax shall be levied on the productions or 
labor of the country than may be required for expenses of inspection. 

Schedule 

Section 1. In order that civil government may be in full operation 
and effect, at the earliest day possible, it is further ordained and pro- 
vided that a general vote on the ratification of the Constitution and 
ordinance of this convention, and a general election shall be taken 
and held throughout the State, as far as practicable, on the second 
Monday of March next, as follows, to wit: Any number of persons, 
being white male citizens of the State, over the age of twenty-one 
years, at the countv seat of any county, or (in case of volunteer sol- 
diers in the Federal Army) at the camp of their respective companies, 
having first taken the oath prescribed in the President's proclama- 
tion of December eight, one thousand eight hundred and sixty-three, 
before any justice of the peace, or other person authorized to admin- 
ister an oath within the county in which they reside, or within which 
they are encamped, may appoint a commissioner of elections, with 
power to appoint such election judges as may be necessary, who shall 
also be an enrolling officer for said county or company, who shall 
proceed as follows, to wit: Said commissioners shall prepare an en- 
rolling and poll book, to which shall be appended the constitution, 
ordinances and schedule of this convention; one column shall then 
be headed with the oath contained in said proclamation of the Presi- 
dent ; another column headed " Constitution and ordinances ratified ; " 
another column, " Constitution and ordinances rejected ; " other col- 
umns shall be arranged so that a vote may be taken for all officers to 
be voted for within the county or company where the election is pro- 
posed to be held; said commissioner shall then take the oath afore- 
said, before any justice of the peace or other officer authorized to 
administer oaths, and enroll his own name at the head of the column, 
under the said oath, written out in full ; the said commissioner shall 
then, on the said second Monday of March next, within usual elec- 
tion hours, proceed to hold an election, as follows: viva voce; And 



Arkansas — 1864 305 

provided also, That said commissioner may keep the polls open for 
three days, to wit : Every white male citizen over the age of twenty- 
one years, o