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shall, at stated times, receive for their services a compensation, which shall be fixed by law, and shall not be diminished during their continu. ance 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.
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.
13. The judges of the several courts in this state shall hold thei offices during good behaviour ; 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, however, that the cause or causes for which such removal shall be required, 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 circuit 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 behaviour, until the end of the said session, at which time their commissions shall expire.
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.
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 cause, and in such manner as may be prescribed by law; and should a vacancy occur, subsequent to an election, it shall be filled by the judge or judges of the courts in which such vacancy exists; and the person so appointed shall hold his office until the next general election ; provided, however, that after the year one thousand eight hundred and twenty-six, the general assembly may prescribe a different mode of appointment, but shall not make such appointment.
. 16. 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 in their respective districts, and judges of the inferior courts in their respective counties.
17. The style of all process shall be “ the state of Alabama,” 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."
18. There shall be an attorney-general for the state, and as many solicitors as the general assembly may deem necessary, to be elected by a joint vote thereof, who shall hold their offices for the term of four years, and shall receive for their services a compensation, which shall not be diminished during their continuance in office. o
Impeachments. 51. The house of representatives shall have the sole power of impeaching.
2. All impeachments shall be tried by the senate : when 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.
3. The governor and all civil officers shall be liable to impeachment for any misdemeanour in office; but judgment in such cases shall not extend further than to removal from office, and to disqualification to hold any office of honour, trust, or profit, under the state : but the party convicted shall nevertheless be liable and subject to indictment, trial, and punishment, according to law.
General Provisions. § 1. The members of the general assembly, and all officers, executive and judicial, before they enter on the execution 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 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.
2. Treason against the state shall consist only in levying war against it, or in 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.
3. The general assembly shall have power to pass such penal laws to suppress the evil practice of duelling, extending to disqualification from office or the tenure thereof, as they may deem expedient.
4. Every person shall be disqualified from holding any office or place of honour 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.
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 pro hibiting, under adequate penalties, all undue influence thereon, from power, bribery, tumult, or other improper conduct.
6. In all elections by the general assembly, the members thereof shall vote viva voce, and the votes shall be entered on the journals.
7. No money shall be drawn from the treasury, but in consequence 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.
8. All lands liable to taxation in this state, shall be taxed in proportion to their value.
9. The general assembly shall direct, by law, in what manner, and in what courts, suits may be brought against the state.
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.
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.
12. No member of congress, nor any person holding any office of profit or trust under the United States, (the office of postmaster ex cepted, or either of them, or any foreign power, shall hold or exercise any office of profit under this state. ;
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 twothirds of both houses of the general assembly.
14. In prosecutions for the publishing of papers investigating the official conduct of officers or men in public capacity, or when the mat. ter 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.
15. Returns of all elections for officers who are to be commissioned by the governor, and for members of the general assembly, shall be made to the secretary of state.
16. No new county shall be established by the general assembly, 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 county, as to the right of suffrage and representation, shall be considered as a part of the county or counties from which it was taken, until entitled by numbers to the right of separate representation.
17. The general assembly shall, at their first session, which may be 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 afterwards altered, unless by the agreement of two-thirds of both branches of the general assembly; and 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 shall only be altered in like manner; provided, that no county hereafter to be formed shall be of less extent than nine hundred square miles.
18. It shall be the duty of the general assembly 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 summary mode of adjustment.
19. It shall be the duty of the general assembly, as soon as circum. stances will permit, to form a penal code, founded on principles of reformation, and not of vindictive justice.
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 heals, 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,
21. The general assembly shall make provision by law for obtaining correct knowledge of the several objects proper for improvement in relation to the navigable waters, and to the roads in this state, and for making a systematic and economical application of the means appropri. ated to those objects.
22. In the event of the annexation of any foreign 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; any thing in this corstitution to the contrary notwithstanding.
Education. Schools, and the means of education, shall for ever 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 be, granted by the United States for the use of schools 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 grants The general assembly shall take like measures for the improvement of 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 aforesaid, shall be and remain a fund for the exclusive support of a state university, for the promotion of the arts, litera. ture, 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. $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 two-thirds of both houses of the general assembly; 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 established, or bank charter renewed, but in conformity with the following 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.
0. 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.
6. 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 interest thereon, until the same shall be paid, or specie payments are resumed, by said bank, at the rate of twelve per cent. per annum from the date of such demand, unless the general assembly shall sanction such suspension of specie payments; and the general assembly 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. § 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 su 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 United States, so long as any person of the same age or description shall be continued in slavery by the laws of this state : Provided, that such person or slave be the bona fide property of such emigrants : and 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 permit the owners of slaves to emancipate them, saving the rights of creditors, and preventing them from becoming a public charge. They shall have full power to prevent slaves from being brought into this state as merchandise, and also to oblige the owners of slaves to treat them with humanity, to provide for thern 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.
2. In the prosecution of slaves for crimes of higher grade than petit larceny, the general assembly shall have no power to deprive them of an impartial trial by a petit jury.
3. Any person who shall maliciously dismember or deprive a slave of Jife, shall suffer such punishment as would be inflicted in case the liku 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 pro