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posed amendments shall be duly published in print, at least three months before the next general election of representatives, 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 representatives, who have voted on such proposed amendments ;. and if thereupon it shall appear that a majority of all the citizens of this state, voting for representatives, have voted in favour of such proposed amendments; and twothirds 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 parts of this constitution : Provided, that the said proposed amendments shall, at each of the said sessions, have been read three times, on three several days in each house.
$1. That no inconvenience may arise from a change of territorial 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, before the third Monday in September next, be issued in the name of the Alabama territory, shall be as valid as if issued in the name of the state.
2. All fines, penalties, forfeitures, and escheats accruing to the Alabama territory, shall accrue to the use of the state.
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 execution in the name of said state ; all causes of action arising to individuals, and all suits at law or in equity, now depending in the several 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.
4. All officers, civil or military, now holding commissions under the authority of the United States, or of the Alabama territory, within this state, shall continue to hold and exercise their respective offices under the authority of this state until they shall be superseded by 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 be made to such offices by authority of this constitution.
5. All laws and parts of laws, now in force in the Alabama territory, which are not repugnant to the provisions of this constitution, 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.
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 honour, trust, or profit, under this state ; any thing in this constitution to the contrary notwithstanding.
7. The president of this convention shall issue writs of election, directed to the sheriffs of the several counties, requiring them to cau: e 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 assembly, 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.
8. Until the first enumeration shall be made, as directed by this constitution, the county of Autauga shall be entitled to two representatives; the county of Baldwin to one representative; the county of Blount to three representatives ; the county of Cahawba to one representative ; the coụnty of Clark to two representatives ; the county of Conechu to two representatives; the county of Cotaco to 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 representatives; the county of Limestone to three representatives; the county of Madison to eight representatives ; the county of Marengo to one representative ; the county of Marion to one representative; the county of Monroe to five representatives ; the county of Montgomery to three representatives; the county of Mobile to one representative; the county of St. Clair to one representative; the county of Shelby to two representatives; the county of Tuscaloosa to three representatives; and the county of Washington to two representatives. And each county shall be entitled to one senator, who shall serve for one term.
9. The oaths of office herein directed to be taken, may be administered by any justice of the peace, until the general assembly shall otherwise direct.
ORDINANCE. This convention, for and in behalf 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 for ever disclaim all right and title to the waste or unappropriated 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 Sep.
tember 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 sale 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 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 this
tate shall for ever 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 Lord one thousand eight hundred and nineteen, and of American independence the forty-fourth.
J. W. WALKER,
President of the Convention. Attest, Jour CAMPBELL, Secretary.
CONSTITUTION OF MISSOURI.
WE, the people of Missouri, inhabiting the limits hereinafter designated, by our representatives in convention assembled, at St. Louis, on Monday, the 12th day of June, 1820, do mutually agree to form and establish a free and independent republic, by the name of the “ State of Missouri,” and for the government thereof do ordain and establish this constitution.
Of Boundaries. We do declare, establish, ratify, and confirm the following, as the permanent boundaries of said state, that is to say, “Beginning in the middle of the Mississippi river, on the parallel of thirty-six degrees of north latitude ; thence, west, along the said parallel of latitude, to St. Francois river ; thence up, and following the course of that river, in the middle of the main channel thereof, to the parallel of latitude of thirtysix degrees and thirty minutes ; thence, west, along the same to a point where the said parallel is intersected by a meridian line passing through the middle of the mouth of the Kansas river, where the same empties into the Missouri river; thence, from the point aforesaid, north, along the said meridian line, to the intersection of the parallel of latitude which passes through the rapids of the river Des Moines, making the said line
correspond with the Indian boundary line; thence, east, from the point of intersection last aforesaid, along the said parallel of latitude to the middle of the channel of the main fork of the said river Des Moines; thence, down and along the middle of the main channel of the said river Des Moines to the mouth of the same, where it empties into the Mississippi river ; thence, due east, to the middle of the main channel of the Mississippi river; thence, down, and following the course of the Mississippi river, in the middle of the main channel thereof, to the place of beginning."
Of the Distribution of Powers. The powers of government shall be divided into three distinct departments ; each of which shall be confided to a separate magistracy: and no person charged with the exercise of powers properly belonging to one of those departments, shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted.
Of the Legislative Power. § 1. The legislative power shall be vested in a “general assembly," which shall consist of a “senate," and of a “house of representatives."
2. The house of representatives shall consist of members to be chosen every second year, by the qualified electors of the several counties. Each county shall have at least one representative; but the whole number of representatives shall never exceed one hundred.
3. No person shall be a member of the house of representatives who shall not have attained the age of twenty-four years; who shall not he a free white male citizen of the United States; who shall not have been an inhabitant of this state two years, and of the county which he represents one year next before his election, if such county shall have been so long established ; but if not, then of the county or counties from which the same shall have been taken ; and who shall not, moreover, have paid a state or county tax.
4. The general assembly, at their first session, and in the years one thousand eight hundred and twenty-two, and one thousand eight hundred and twenty-four, respectively, and every fourth year thereafter, shall cause an enumeration of the inhabitants of this state to be made ; and at the first session after such enumeration, shall apportion the number of representatives among the several counties, according to the n.mber of free white male inhabitants therein.
5. The senators shall be chosen by the qualified electors, for the term of four years. No person shall be a senator who shall not have attained to the age of thirty years; who shall not be a free white male citizen of the United States; who shall not have been an inhabitant of this state four years; and of the district which he may be chosen to represent one year before his election, if such district shall have been so long established; but if not, then of the district or districts from which the same shall have been taken; and who shall not, moreover, have paid a state or county tax.
6. The sepate shall consist of not less than fourteen nor more thar.
thirty-three members; for the election of whom the state shall be divided into convenient districts, which may be altered from time to time, and new districts established, as public convenience may require, and the senators shall be apportioned among the several districts according to the number of free white male inhabitants in each: Provided that, when a senatorial district shall be composed of two or more counties, the counties of which such district consists shall not be entirely separated by any county belonging to another district; and no county shall be divided in forming a district.
7. At the first session of the general assembly, the senators shall be divided by lot, as equally as may be, into two classes. The seats of the first class shall be vacated at the end of the second year, and the seats of the second class at the end of the fourth year; so that one-half of the senators shall be chosen every second year.
8. After the first day of January, one thousand eight hundred and twenty-two, all generaļ elections shall commence on the first Monday in August, and shall be held biennially; and the electors, in all cases, except of treason, felony, or breach of the peace, shall be privileged from arrest during their continuance at elections, and in going to, and returning from the same.
9. The governor shall issue writs of election, to fill up such vacancies as may occur in either house of the general assembly.
10. Every free white male citizen of the United States, who shall have attained the age of twenty-one years, and who shall have resided in this state one year before an election, the last three months whereof shall have been in the county or district in which he offers to vote, shall be deemed a qualified elector of all elective offices : 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.
11. No judge of any court of law or equity, secretary of state, attore ney-general, state auditor, state or county treasurer, register, or recorder, clerk of any court of record, sheriff, coroner, member of congress, nor other person holding any lucrative office under the United States or this state, militia officers, justices of the peace, and postmasters excepted, shall be eligible to either house of the general assembly.
12. No person who now is or hereafter may be a collector or holder of public money, nor any assistant or deputy of such collector or holder of public money, shall be eligible to either house of the general assembly, nor to any office of profit or trust until he shall have accounted for, and paid all sums for which he may be accountable.
13. No person, while he continues to exercise the functions of a bishop, priest, clergyman, or teacher of any religious persuasion, denomination, society, or sect, whatsoever, shall be eligible to either house of the general assembly ; nor shall he be appointed to any office of profit within the state, the office of justice of the peace excepted.
14. The general assembly shall have power to exclude from every office of honour, trust, or profit, within the state, and from the right of suffrage, all persons convicted of bribery, perjury, or other infamour crime.
15. Every person who shall be convicted of having, directly or indirectly, given or offered any bribe to procure his election or appointment, shall be disqualified for any office of honour, trust, or protit, under this