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ernor would have received, had he been employed in the duties of his office.
21. The Governor skall 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
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 Gov. ernor, 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 electors, and the sheriff then elected shall continue in office for three years.
Militia. Sec. 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; brigadiersgeneral 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 coinpanies : and shall fix the rank of all staff-officers.
ARTICLE V.-Judicial Department. Sec. 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 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.
2. The Supreme Court, except in cases otherwise directed by this Constitution, 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 the Supreme 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
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 commencement of the first session of the General Assem. bly, which shall be begun and held after the first day of January, in the year one thousand eight hundred and twenty-five.
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
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 orphans' 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, shall, at stated times, receive for their services a compensation, which shall be fixed by law, and shall not be diminished during their continuance 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 their offices during good behavior; 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 defense, 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 behavior, 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 processes 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.
Impeachments. Sec. 1. 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 misdemeanor in office; but judgment in such cases shall not extend further than to removal from office, and to 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 VI. General Prorisions. Sec. 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
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 ex pedient.
4. Every person shall be disqualified from holding any office or place of honor or profit, under the authority of the State, who shall
in open court.
be convicted of having given or offered any bribe to procure his election or appointment.
15. 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 prohibiting, 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 excepted,) 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 two-thirds 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 matter 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 clections 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 con