« ΠροηγούμενηΣυνέχεια »
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 gov. ernor 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 inale 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 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 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 county 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 state 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, JOHN CAMPBELL, Secretary.
CONSTITUTION OF MISSOURI.
WE, the people of the State of Missouri, by our delegates in Convention assembled, do ordain and establish the following Constitution:
ARTICLE I.–Of Boundaries. 81. We do declare, establish, ratify, and confirm the following as the permanent boundaries of the state of Missouri : “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 the 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 thirty-six 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 middle of the main channel of the Missouri river; thence up and following the course of said stream, in the middle of the main channel thereof, to the intersection of the parallel of latitude which passes through the rapids of the river Des Moines; thence east from the point of intersection last aforesaid, along the said parallel of latitude,
to the middle of the main channel of the main fork of the said river Des Moines; thence down 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."
2. The general assembly shall have power to appoint commissioners, to act in conjunction with commissioners from any other state, to adjust the eastern boundary of the state, and to determine what islands in the Mississippi river are within the limits of the state of Missouri. uinto
3. The general assembly shall have power, with the consent of the United States, to acquire additional territory, and to extend the boundary of this state so as to include such additional territory as may hereafter be acquired by the state.
4. All that territory of the state of Missouri which is bounded on the east by the middle of the main channel of the Mississippi river, on the north by the line that separates townships forty-four and forty-five, on the west by a meridian line running through the middle of range six east, and on the south by the line that separates townships forty-three and forty-four north, is hereby ceded to the government of the United States, for the purpose of locating and keeping thereon the seat of government of the United States, in conformity to the sixteenth clause of the eighth section of the first article of the constitution of the United States. This section shall not take effect until the congress of the United States shall have assented to the same, and provided for the removal of the seat of government of the United States to the district hereby ceded to the United States. 20 BILDLIFE
S ELE ARTICLE II.- Of the Distribution of Powers. The powers of government shall be divided into three distinct departments, each of which shall be confined to a separate magistracy: and no person charged with the exercise of powers properly belonging to one of these departments, shall exercise any powers properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted.
ARTICLE III.-Of the Legislative Power. 81. The legislative power shall be vested in a "General Assembly," which shall consist of a senate and 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, apportioned in the following manner, to wit: The ratio of representation shall be ascertained at each apportioning session of the legislature, by dividing the whole number of permanent free white inhabitants of the state by the number one hundred. Each county having three-fifths of said ratio shall be entitled to one representative ; each county having said ratio and a fraction over,
equal to two-thirds, shall be entitled to two representatives; each county having twice said ratio, and a fraction over, equal to twothirds, shall be entitled to three representatives; each county having four times said ratio shall be entitled to four representatives ; and so on above that number, giving one additional member for each additional ratio. And when any county, entitled to more than two representatives, shall have a town or city therein, with the full amount of said ratio, such town or city shall be entitled to a separate representation from the county: provided the residue of the county shall amount to the ratio; and in such case, a town or city shall be divided into as many separate districts as the number of members apportioned to such town or city, containing as near as may be an equal number of permanent free white inhabitants, which division shall be made by the tribunal transacting county business in the county, as soon after each apportionment as is practicable, and shall not be changed until after the succeeding apportionment; each of which districts shall elect one representative: provided, however, that when any county having less than three-fifths of said ratio, shall not be contiguous to any other county with less than three-fifths thereof, such county shall nevertheless be entitled to one representative; and in all other cases of small counties having less than three-fifths, they shall be formed into districts, containing two-thirds of said ratio, and shall be entitled to one member for the same.
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 be 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 or district which he represents one year next before his election,
if such county or district shall have been so long established; but • if not, then of the county or counties, district or districts, from
which the same shall have been taken, and who shall not moreover have paid a state or county tax, within one year next preceding his election.
4. The general assembly, at their first session after the adoption of this constitution, shall cause an enumeration of the permanent free white inhabitants of this state to be made, and at the first session after the enumeration shall apportion the number of representatives among the several counties as directed by the second section of this article. And every fourth year thereafter they shall cause & like enumeration to be made, and shall apportion the representatives among the several counties according to the same section, except that two-thirds of the ratio shall be required, instead of three-fifths, to entitle a county to one member.
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 next preceding his election, and of the district which he may be chosen to represent one year next 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