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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 members may z side from the place at which the general assembly is convened ; nor shall any member be liable to answer for any thing spoken in debate in either house, in any court or place elsewhere.
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.
21. The doors of each house shall be open, except on such occasions as, in the opinion of the house, may require secrecy.
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.
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 cases of urgency, four-fifths of the house in which the bill shall be depending may deem it expedient 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.
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.
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 emoluments of which shall have been increased, during such term ; except such offices as may be filled by elections by the people.
26. No person holding any lucrative office under the United States, (the office of postmaster excepted,) this state, or any other power, shall be eligible to the general assembly; provided, that 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 of the county court, while it has no salary, shall not be deemed lucrative.
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 be 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.
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 September next.
29. T'he first session of the general assembly shall commence on the fourth Monday in October next, and be held at the town of 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 which the executive con
currence shall not be required) the permanent 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.
Executive Department. § 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.
2. The governor shall be elected by the qualified electors at the time and places when they shall respectively vote for representatives.
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 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.
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. 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.
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.
7. He may require information in writing from the officers in the executive department on any subject relating to the duties of their respective offices.
8. He may, by proclamation, on 'extraordinary occasions convene the general assembly at the seat of government, or at a different place, if that shall have become, since their last adjournment, dangerous from an enemy or from contagious disorders ; in case of disagreement between the two houses, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper, not beyond the day of the next annual meeting of the general assembly.
9. He shall from time to time give to the general assembly information of the state of the government, and recommend to their considera tion such measures as he may deem expedient.
10. He shall take care that the laws be faithfully executed.
11. In all criminal and penal cases, except in those of treason and impeachment, he shall have power to grant reprieves and pardons, and remit fines and forfeitures, under such rules and regulations 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.
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.
13. All commissions 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.
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.
15. Vacancies that may happen in offices, the appointment to which is vested in the general assembly, shall be filled by the governor during the recess of the general assembly, by granting commissions which shall expire at the end of the next session.
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 shall have originated, who shall enter the objections at large upon the journals, and proceed to reconsider it ; if, after such reconsideration, a majority of the whole number elected to that house shall agree to pass the bill, it shall le sent, with the objections, to the other house, by which it shall likewise be reconsidered ; if approved by a majority of the whole number elected to that house, it shall become a law : but in such cases the votes of both houses shall be determined by yeas and nays, and the names of the members voting for or against the bill shall be entered on the journals of each house respectively : if any bill shall not be returned by the governor within five days, Sundays excepted, after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the general assembly, by their adjournment, prevent its return, in which case it shall not be a law.
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 nim; or, being disapproved, shall be repassed by both houses, according to the rules and limitations prescribed in the case of a bill.
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 power and authority appertaining to the office of governor, until the time pointed sut by this constitution for the election of governor shall arrive, unless the general assembly shall provide by law for the election of a governor to fill such
vacancy, or until the governor absent or impeached shall return or be acquitted.
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.
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 governor would have received, had he been employed in the duties of his office.
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, public good may require.
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.
23. A state treasurer and a comptroller of public accounts shall be annually elected, by joint vote of both houses of the general assembly.
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 governor, as in other cases, and the person so appointed shall continue in office until the next general election, when such vacancy shall be filled by the qualified eleclors, and the sheriff then elected shall continue in office for three years.
Militia. $ 1. The general assembly shall provide by law for the organizing and disciplining the militia of this state, in such manner as they shall deem expedient, not incompatible with the constitution and laws of the United States in relation thereto.
2. Any person who conscientiously scruples to bear arms shall not be compelled to do so, but shall pay an equivalent for personal service.
3. The governor shall have power to call forth the militia to execute the laws of the state, to suppress insurrections, and repel invasions.
4. All officers of the militia shall be elected or appointed in such manner as may be prescribed by law: Provided, that the general assembly shall not make any such elections or appointments, other than those of adjutants-general, and quarter-masters-general.
5. The governor shall appoint his aids-de-camp; majors-general, their aids-de-camp, and all other division staff-officers ; brigadiers-general shall appoint their aids, and all other brigade staff-officers ; and colonels shall appoint their regimental staff-officers.
6. The general assembly shall fix by law the method of dividing the militia into divisions, brigades, regiments, battalions, and companies : and shall fix the rank of all staff-officers.
Judicial Department. § 1. The judicial power of this state shall be vested in one supreme court, circuit courts to be held in each county in the state, and such in
ferior 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.
2. The supreme court, except in cases otherwise directed by this constitution, shall have appellate jurisdiction only, which shall be co-exten. sive with the state, under such restrictions and regulations, not repug nant 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 in junction, mandamus, quo warranto, habeas corpus, and such other remedial and original writs as may be necessary to give it a general superin tendence and control of inferior jurisdictions.
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 : Provided, that no judge of the supreme court shall be appointed before the cornmencement of the first session of the general assembly which shall be begun and held after the first day of January in the year one thousand eight hundred and twentyfive.
4. The supreme court shall be holden at the seat of government, but may adjourn to a different place, if that shall become dangerous from an enemy or from disease.
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 he may be appointed.
6. 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 when the matter or sum in controversy exceeds fifty dollars.
7. A circuit court shall be held in each county in the state, at least twice in every year, and the judges of the several circuit courts may hold courts for each other, when they may deem it expedient, and shall do so when directed by law.
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 jurisdiction shall be vested in the judges of the circuit courts respectively: Provided, that the judges of the several circuit courts shall have power to issue writs of . injunction, returnable into the courts of chancery.
9. The general assembly shall have power to establish, in each county within this state, a court of probate, for the granting of letters testamentary and of administration, and for orphan's business.
10. A competent number of justices of the peace shall be appointed in and for each county, in such mode, and for such term of office, as the general assembly may direct. Their jurisdiction in civil cases shall be limited to causes in which the amount in controversy shall not exceed fifty dollars. And in all cases, tried by a justice of the peace, right of appeal shall be secured, under such rules and regulations as may be prescribed by law.
11. Judges of the supreme and circuit courts, and courts of chancery,