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 individuals 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 invasion, 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.

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 shall be elected by the qualified electors, at the time and places at which 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 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 as 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 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, 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 contagious disorders; and in case of disagreement between the two houses, with respect to the time of adjournment, he may adjourn them to such time as he may think proper, 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.

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 reprieves 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 commissions, 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 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.

SEC. 17. Every order, resolution, or vote, to which the concurrence of both houses may be necessary, (except on questions of adjournment, 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 appointed 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 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 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.

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 prescribed by law; Provided, That said court shall have power to issue writs of injunction, mandamus, 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 jurisdictions.

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 disease, 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 appointed.

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. 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.

SEC. 7. The general assembly shall have power to establish a court or courts of chancery, with original and appellate equity jurisdiction; Provided, That the judges of the several circuit courts shall have power to issue writs of injunction, returnable into courts of chancery.

SEC. 8. 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 orphans' business.

SEC. 9. 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 by law direct; whose jurisdiction, in civil cases, shall be limited to causes in which the amount in controversy shall not exceed one hundred dollars; 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 compensation, 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 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, 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 prescribed. 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 next general election, and until his successor is elected and qualified; Provided, That the general assembly shall have power to annex the duties of clerk to the office of judge of any inferior court by law established.

SEC. 16. 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."

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 perform all the duties that may be required 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 of four years, shall perform all the duties that may be required of him by law, and shall receive such compensation for his services as may be by law provided, which shall not be diminished during his continuance in office.

SEC. 3. 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 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 convicted of bribery, forgery, perjury, or other high crime or misdemeanor 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 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 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 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, nevertheless, be liable and subject to indictment, trial, and punishment according to law.

ARTICLE VIII.

ELECTIONS BY THE PEOPLE.

SECTION 1. Every white male person, of the age of twenty-one years 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 two-thirds of each house shall deem it necessary, propose amendments to this constitution; 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 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 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 constitu