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 THE 
 
 GOVERiNMENT OF THE PEOPLE 
 
 OF THE STATE OF 
 
 ALABAMA 
 
 BY 
 
 THOMAS C. McCORVEY, A. M., LL. B. 
 
 Professor of History and Philosophy, University of Alabama 
 
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 PHILADELPHIA 
 
 Eldredge & Brother 
 
 No. 17 North Seventh Street 
 1895 
 
 90813
 
 Entered, according to Act of Congress, in the year 1895, by 
 
 ELDREDGE & BROTHER, 
 
 in the Office of the Librarian of Congress, at Washington. 
 
 >.o^o> 
 
 *- 
 
 * 
 
 WESTCOTT & THOMSON, 
 ELECTROTYPERS, PHILADA. 
 
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 The growing demand for instruction in Civics was emphasized 
 by the recommendation of tlie Governor of Alabama, in his special 
 message on educational matters to the General Assembly at its 
 last session, that " the Constitutions — State and Federal — be 
 made a branch of study in our public schools." This little vol- 
 ume has been prepared as a text-book for this instruction, so far 
 as the civil government of Alabama is concerned, and its aim is 
 to give briefly and clearly the leading facts in the civic history of 
 the State as well as the present workings of the governmental 
 machinery. Like all school books, its usefulness must depend in 
 a large measure upon the way in which it is supplemented by the 
 work of the living teacher. To the teachers of Alabama, there- 
 fore, I commit it with the hope that they may make it effective in 
 fostering in the youth of the State a just conception of the duties 
 and responsibilities of citizenship. 
 
 While an enumeration of all the authorities consulted would be 
 entirely out of proportion to the little book itself, I wish to make 
 here an acknowledgment of my indebtedness, chiefly in the first 
 two chapters, to the works of Albert J. Pickett, Alexander B. 
 Meek, Willis Brewer, and Hannis Taylor, and to such of the re- 
 cent writings of Grace King and of John Fiske as touch upon the 
 early history of the territory now embraced in the State of Ala- 
 bama. I am also indebted to Professor W. S. Wyman's paper on 
 "The First European Settlement in Alabama," printed in the 
 Proceedings of the Alabama Educational Association for 1893, and 
 to a sketch of the " Origin and Early Growth of Mobile," published 
 in the Diamond edition of the Mobile Daily Register, January 31, 
 1895. 
 
 My thanks are due and are hereby cordially tendered to Presi- 
 dent Richard C. Jones and Professor Benjamin F. Meek, of the 
 University of Alabama, for helpful criticisms and for patient aid 
 in reading the proofs. 
 
 T. C. McC. 
 
 University of Alabama, 
 August, 1895. 
 
 ui
 
 
 CHAPTER PAGE 
 
 I. Fkench, English, and Spanish Government in what is 
 
 NOW Alabama 5 
 
 II. Territorial Government in Alabama 16 
 
 III. The State Government of Alabama in the Past . . 25 
 
 IV. The Present State Government of Alabama .... 36 
 V. Local Government in Alabama 55 
 
 VI. How Officers are Chosen by the Electors 69 
 
 The Constitution of the State 79 
 
 Appendix 122 
 
 Index 127 
 
 ILLTJSTEATIOISrS. 
 
 oo»<o« 
 
 The Flag op Alabama Frontispiece. 
 
 Jean Baptiste Le Moyne de BiEN\aLLE 5 
 
 Governor William C. C. Claiborne 16 
 
 Map showing Formation of Alabama 20 
 
 Governor George S. Houston 25 
 
 The Great Seal of Alabama 35 
 
 Capitol Building at Montgomery 39 
 
 IV
 
 Jean Baptiste Le Moyne de Bienville. 
 
 ALABAMA, 
 
 -o-o>t>4cK>- 
 
 CHAPTER I. 
 
 french, english, and spanish government in 
 what is now alabama. 
 
 Spanish Exploration. 
 1. The territory now embraced in the State of Ahibama 
 was first explored in 1540 by the Spanish adventurer, Her- 
 nando De Soto, ui)on whom the title of Adelantado, which 
 combined military and civil command, had been conferred 
 by the emperor Charles V. Earlier Spanish voyagers had 
 ascended Mobile Bay, and it is possible that scouting par- 
 ties of the expedition of Pamphilo de Narvaez, in 1528, 
 
 5
 
 6 THE CIVIL GOVERNMENT OF ALABAMA. 
 
 may Lave touched what is now the south-eastern border 
 of the State, along the line which separates it from Flor- 
 ida; but of this we can have no certain knowledge. 
 
 3. On May 12, 1539, De Soto, holding his commission 
 as governor and captain-general for life of Florida, as well 
 as of the island of Cuba, set sail from Havana on the ill- 
 starred expedition which he had planned for the " con- 
 quest of Florida." It must be understood that what the 
 Spaniards then called Florida included not only the penin- 
 sula and State which we now know by that name, but all 
 the Spanish claims in America extending indefinitely 
 northward and sweeping from the confines of Mexico to 
 Nova Scotia. On the 25th of May De Soto arrived at the 
 mouth of Tampa Bay, which he named the bay of Espiritu 
 Snnto. He soon afterward landed and took possession of 
 the country in the name of the Spanish monarch. His 
 force consisted of about six hundred men, including sol- 
 diers, priests, artisans, and " men of science," thoroughly 
 equipped in every way for the perilous adventure of ex- 
 ploring and conquering an unknown land. 
 
 3. De Soto had been a lieutenant of Pizarro in the con- 
 quest of Peru, and his expedition to Florida had been 
 planned with the expectation of finding in this unexplored 
 region something of the wealth in gold and silver that had 
 rewarded the Spanish conquerors in Mexico and South 
 America. It was primarily a quest for gold, although the 
 glory of conquest and the conversion of the heathen were 
 also motives that appealed alike to the Adelantado and his 
 followers. 
 
 4. De Soto commenced his march from Tampa north- 
 ward up the peninsula. The Indian tribes along the route 
 offered, at different times, a desperate resistance; but the 
 Spanish cavaliers, protected by armor and mounted upon 
 horses — animals which the natives had never before seen — 
 were almost proof against the arrows and other missiles 
 of their assailants, and they steadily bore down all oppo-
 
 SPANISH EXPLORATION. 7 
 
 sition. De Soto spent five months in winter quarters in 
 the neighborhood of the present city of Tallahassee, Flor- 
 ida. Resuming his march in the early spring of 1540, he 
 traversed what is now the State of Georgia ; and from the 
 hilly country of the Cherokees, whither he was drawn in 
 his search for gold, he passed into the valley of the Coosa 
 river in wdiat is now Alabama. 
 
 5. From the Coosa region, De Soto proceeded down the 
 valley of the Alabama river toward its junction with the 
 Tombigbee. Somewhere above this junction on the north- 
 western bank of the Alabama,' he fought the great battle 
 of Mauvila with the mighty Indian chief Tuscaloosa, the 
 first battle upon Alabama soil of which we have any 
 record. The battle was won by the Spanish invaders, but 
 it was well-nigh as disastrous to the victors as to the van- 
 quished ; for, in addition to the heavy loss of men and 
 horses, many of the equipments necessary to a successful 
 prosecution of the enterprise were destroyed in the burn- 
 ing of Mauvila. 
 
 6. From Mauvila De Soto turned his course to the north- 
 west and crossed the Warrior river somewhere between the 
 present cities of Tuscaloosa and Demopolis — possibly near 
 the village of Carthage, the site of noted Indian mounds, 
 which some authorities identify Avith the " Cabusto " of the 
 Spanish narratives. From that point De Soto marched 
 into the country of the Chickasaw Indians, in what is now 
 northern Mississippi. With the remainder of this unfor- 
 tunate expedition, which did nothing more than to lift for 
 a while the curtain of history upon the South-west, it is 
 not the purpose of this sketch to deal. It is sufficient to 
 note here that De Soto had exercised the military, if not 
 the civil, functions of Adelantado for a few brief months 
 upon what is now the soil of Alabama before he passed 
 on to the exploration of the then unknown lands to the 
 
 ' Pickett says at Choctaw Bluflf.
 
 8 THE CIVIL GOVERNMENT OF ALABAMA. 
 
 west. Long before England had determined to follow up 
 the voyages of the Cabots with colonizing projects, before 
 the Pilgrims had left their English homes for Holland, 
 even long before Raleigh had sent out his ill-fated expedi- 
 tions to what is now the coast of Carolina, Spanish cava- 
 liers had trooped across Alabama's hills and plains in 
 their vain search for gold, awing the natives with the 
 power of European civilization and government. 
 
 French Exploration and Settlement. 
 
 7. After the expedition of De Soto, the territory now 
 embraced in Alabama dropped back into the darkness of 
 aboriginal life until another European power appeared not 
 only as an explorer, but as a colonizer in the South-west. 
 In 1682, Robert Cavalier de la Salle, the French explorer, 
 worked his way, slowly and painfully, from the Lake re- 
 gion down the Mississippi, and at the mouth of that great 
 river took possession of the valleys drained by it and its 
 tributaries in the name of the Grand Monarque, Louis 
 XIV., " King of France and of Navarre." Standing by 
 the column which he had erected at the mouth of the 
 river, La Salle proclaimed the sovereignty of the French 
 king over " this country of Louisiana, the seas, harbors, 
 ports, bays, adjacent straits, and all the nations, j^eo- 
 ples, provinces, towns, cities, villages, mines, minerals, 
 fisheries, streams, and rivers within the extent of the 
 said territory of Louisiana .... from the great river's 
 source as far as its mouth at the sea or the Gulf of 
 Mexico." 
 
 8. The French territory of Louisiana was thus as vaguel}' 
 bounded as the Florida of the Spaniards ; but the French 
 were not long in asserting practically their claims to that 
 region now embraced in Alabama. Of course the French 
 claim overlapped the Spanish in this territory, and before 
 many years -another European power, England, was to 
 assert her claim to the same region. It is not necessary
 
 FRENCH EXPLORATION AND SETTLEMENT. 9 
 
 to speak here of the misfortunes that attended La Salle's 
 attempt at colonization, nor of his tragic death, in 1687. 
 in the wilds of Texas. The Treaty of Ryswick, 1697, left 
 the French king free to carry out the plans of La Salle 
 for the occupation and colonization of Louisiana. The 
 man selected to command tlie enterprise was Pierre Le- 
 Moyne d'Iberville, a Canadian soldier, who, on account 
 of his native ability as well as his varied experience in 
 New- World warfare, was well fitted for the responsibilities 
 of the position. 
 
 9. Iberville set sail with his expedition from the harbor 
 of Brest in October, 1698. Having touched at St. Do- 
 mingo for supplies of food and fresh water, he sailed from 
 there through the Yucatan channel, thence northward 
 across the Gulf of Mexico, and he would have made a 
 lodgement somewhere on Pensacola Bay, had he not found 
 it already in the possession of the Spaniards. From Pen- 
 sacola he sailed westward until he touched Dauphin 
 Island, which lie named Massacre Island, at the mouth 
 of Mobile Bay. He then proceeded to Ship Island at the 
 mouth of Pascagoula river, and finally settled his colony, 
 in 1699, on the north-east shore of the Bay of Biloxi. 
 There he built a fort, " as a symbol of French jurisdiction 
 that was to be asserted from the Bay of Pensacola on the 
 east to the Rio del Norte on the west." Iberville returned 
 to France, leaving his brother, Jean Baptiste LeMoyne de 
 Bienville, in command of the colony. During a subse- 
 quent absence of Iberville in 1702, Bienville was ordered 
 to move the settlement to the Mobile river. Thus it came 
 about that while Iberville was the founder of Louisiana, 
 his brother Bienville, who was personally in charge of the 
 removal from Biloxi, in what is now Mississippi, to the 
 Mobile river, in what is now Alabama, may be said to be, 
 in some sense, the founder of Alabama. 
 
 10. The site selected for the new fort and settlement 
 was on the west bank of the Mobile river, twenty-five or
 
 10 THE CIVIL GOVERNMENT OF ALABAMA. 
 
 thirty miles above the present city of Mobile/ It was 
 named Fort St. Louis de la Mobile, and was the first white 
 settlement in what is now Alabama. The stopy of its 
 struggle for existence under its brave and capable young 
 governor, Bienville, cannot be told here. It is enough to 
 state, that owing ta high water in the river and other 
 threatened disasters, it was decided to move the fort 
 colony to a more desirable location nearer the mouth of 
 the river ; and thus it happened that the permanent set- 
 tlement of the French was made in 1711, where the city 
 of Mobile now stands. The fort there built was named 
 by the French Fort Conde ; but it was afterwards known 
 during the English and Spanish occupancy as Fort Char- 
 lotte. Its site was about where the principal market, 
 the court-house, and the theatre stand in the Mobile of 
 to-day. 
 
 11. In the same year that the French settlement was 
 transferred from Biloxi to the Mobile River, the French 
 and Spanish authorities agreed upon the Perdido River as 
 the boundary between Florida and Louisiana. From this 
 eastern limit of Louisiana, thus fixed upon the Gulf coast, 
 it was the policy of France to draw her line of forts north- 
 ward to the St. Lawrence; and, in furtherance of this 
 policy, Bienville, in 1714, built Fort Toulouse, long after- 
 ward known as Fort Jackson, between the Coosa and 
 Tallapoosa rivers, about four miles above the junction of 
 these rivers. It was already apparent that this outpost 
 was necessary to protect the Indian allies of the French, 
 as well as the territory claimed by the French, from the 
 encroachments of the English from the Carolinas. An- 
 other fort in the interior of what is now Alabama that 
 owed its origin to Bienville was Fort Tombeckbee, after- 
 wards Fort Confederation, which he built upon the Tom- 
 bigbee river in 1736, on the occasion of his disastrous 
 
 Possibly Chastang's Bluff.
 
 ENGLISH OCCUPANCY. 11 
 
 campaign against the Chickasaw Indians. It is located 
 in what is now Sumter county, near Epes' station. 
 
 12. The Indians with whom the French came in con- 
 tact at their different settlements in what is now Missis- 
 sippi and Alabama belonged chiefly, if" we except the 
 Natchez tribes, to the great Maskoki stock ' — the Creeks, 
 the Choctaws, and the Chickasaws. Far to the north-east 
 were the Cherokees, a branch of the great Iroquois stock, 
 occupying a small part of what afterwards became the 
 State of Alabama ; but they did not come in direct con- 
 tact with the French outposts. 
 
 13. The capital of the French province of Louisiana 
 was moved from Mobile to Biloxi in 1720, and from there 
 to New Orleans in 1722. The history of the province 
 under its successive royal and proprietary governors, and 
 their wars with the native tribes and with rival European 
 powers, cannot be noticed here. We must pause, however, 
 at the final struggle that was to determine whether the 
 French or the English were to hold and occupy the great 
 domain east of tlie Mississippi to the Alleglianies — whether 
 to the Anglo-Saxon or to the Romano-Gallic race had been 
 given the future of North America. 
 
 English Occupancy. 
 The struggle of three-quarters of a century^ between 
 the French and English colonists in America was to be 
 fought to a finish in the Seven Years' War, 1755-1763, 
 known in Colonial history as the French-Indian ^Var. 
 '* It was no mere question of succession to distant thrones 
 that was this time to wet the soil of America with the blood 
 of her colonists." The struggle was for land. The first 
 prize to be contended for was the rich valley of the Ohio 
 
 ^ Sometimes called the " Mobilian family." 
 
 ^"King William's War "—1689-1697 ; "Queen Anne's War"— 
 1702-1713; "King George's War " — 1744-1748 ; "French-Indian 
 War "—1754-1763.
 
 12 THE CIVIL GOVERNMENT OF ALABAMA. 
 
 river, and naturally the war broke out at the gateway to 
 that valley, commanded by Fort Duquesne, held by the 
 French, at the junction of the Alleghany and Mononga- 
 hela rivers. 
 
 14. The war began with disaster to the English and 
 Colonial forces in the memorable defeat of Braddock ; but 
 it closed triumphantly for them in the capture of Quebec 
 and the conquest of Canada. The planting of the cross 
 of England upon the heights of Quebec was the signal for 
 it to supplant the lilies of France upon the walls of Forts 
 Conde, Toulouse, and Tombeckbee in what is now Ala- 
 bama. By the Treaty of Paris, in. 1763, France formally 
 ceded to England all her territory east of the Mississi])pi 
 river, except New Orleans and the adjacent district known 
 as the Island of Orleans. At the same time Spain ceded 
 to Great Britain all her claims to Florida, receiving in ex- 
 change the city of Havana, Cuba, which had been seized 
 by the English during the war. According to the terms 
 of the Treaty of Paris, the Frencli commandant at Mol)ile 
 delivered Fort Conde to Major Robert Farmer, of the Eng- 
 lisli army, and Fort Tombeckbee was surrendered to Cap- 
 tain Thomas Ford ; while the Chevalier Lavnoue, com- 
 manding Fort Toulouse, not being relieved by an English 
 officer, spiked his guns, broke off their trunnions, and 
 threw all his military stores into the Coosa river. 
 
 15. It was by this series of events that the territory now 
 embraced in Alabama, explored by the Spanish and set- 
 tled by the French, passed under the government of the 
 English crown. By a secret treaty, France at the same 
 time ceded to Spain all her remaining territory in North 
 America. Thus passed away France's dream of empire 
 in the New World. The rich heritage left her by La Salle, 
 Iberville, Bienville, and other explorers and colonizers had 
 by the fortunes of war fallen from her grasp. 
 
 IG. After Florida and the French claims east of the 
 Mississippi had passed into the hands of the English, the
 
 THE SPANISH CONQUEST. 13 
 
 provinces of East and West Florida were created— the 
 latter embracing a large part of what is now the States of 
 Mississippi and Alabama. The northern boundary of 
 West Florida, as thus organized, was the line of 32° 28', 
 north latitude, extending from the mouth of the Yazoo 
 River on the Mississippi east to the Chattahoochee. That 
 line ran between the sites of Montgomery and Wetumpka, 
 which are within fifteen miles of each other. All of the 
 present state of Alabama south of that line— the section 
 which corresponds very nearly to what we now loosely 
 call "South Alabama"— was in the British province of 
 West Florida, and all north of that line was in the British 
 province of Illinois. 
 
 17. There were then no European inhabitants, except a 
 few traders among the Indians, in the Illinois portion. 
 The capital of British West Florida was Pensacola, and 
 its first British governor was Captain George Johnstone, 
 of the royal navy. He organized the civil government of 
 the province under military commandants and magis- 
 trates. There were several unsuccessful attempts to form 
 a colonial legislature in West Florida after the fashion of 
 the English colonies on the Atlantic coast; but it con- 
 tinued to be governed as a military province until it 
 passed to Spanish control during the war of the Revo- 
 lution. 
 
 The Spanish Conquest. 
 
 18. It must be borne in mind that the struggle for inde- 
 pendence of the thirteen English colonies along the At- 
 lantic seaboard found little sympathy among the inhabit- 
 ants of British West Florida. The Florida provincials, 
 were, in the main, loyal to the English crown ; and this is 
 one of the reasons why, during and just after the Revolu- 
 tionary War, not a few loyalists, or Tories, as they were 
 called, from Georgia and the Carolinas, found refuge in 
 what is now Alabama.
 
 14 THE CIVIL GOVERNMENT OF ALABAMA. 
 
 19. While the struggle for independence was in prog- 
 ress, Spain offered her services as a mediator between 
 England and her revolted colonies. The proposition was 
 rejected. Spain then decided to become a party to the 
 struggle herself; and in 1779 she declared war against 
 England. At this time the Spanish governor of Louisiana 
 was Don Bernardo Galvez, an able and ambitious soldier, 
 who saw in the neighboring British province of West 
 Florida an opportunity for gratifying his love of military 
 glory. After some preliminary successes along the eastern 
 bank of the Mississippi, he marched against Fort Char- 
 lotte, at Mobile, with a force of two thousand men, and on 
 the fourteenth of March, 1780, forced it to surrender. Gal- 
 vez then determined ui)on the capture of Pensacola. Real- 
 izing, however, the strength of the English position at that 
 place, he went to Cuba for aid. With the reinforcements 
 which he received, he effected the capture of Pensacola 
 on the 9th of May, 1781. By the terms of the capitula- 
 tion the whole province of West Florida was surrendered 
 to Spain. Among the many honors which rewarded Galvez 
 for his brilliant exploits were the title of count and promo- 
 tion to the captain-generalcy of Florida and Louisiana. 
 
 20. After the Treaty of Paris in 1783 had recognized 
 the independence of the United States, the conquests of 
 Galvez in Florida were confirmed. However, a contro- 
 versy arose as to the northern boundary of West Florida. 
 Spain claimed that it was the line of 32° 28', the limits of 
 the British province, while the United States, in behalf of 
 the State of Georgia, claimed, according to the treaty witli 
 Great Britain, that it was the line of 31°, north latitude. 
 After ten years of controversy, the matter was finally set- 
 tled in 1795, when Minister Pinckney succeeded in nego- 
 tiating the Treaty of Madrid, wherein it was agreed that 
 " the future boundary between the United States and the 
 Floridas shall be the 31st parallel of north latitude from 
 the Mississippi eastward to the Chattahochee river." It
 
 THE SPANISH CONQUEST. 15 
 
 was thus that Georgia's claim, under her colonial charter, 
 was made good to all the lands on her western frontier to 
 the Mississippi river. As the " Mobile district " — the ter- 
 ritory between the Pearl and Perdido rivers — lay south of 
 the 31st parallel, it still continued under Spanish rule. 
 How it was subsequently wrested from Spain and became 
 incorporated with the Mississippi Territory — out of which 
 Alabama was carved — will be told in the succeeding 
 chapter.
 
 Governor William C. C. Claiborne. 
 
 CHAPTER II. 
 territorial government in alabama. 
 
 The Mississippi Territory. 
 
 21. After the settlement of the boundary between the 
 United States and the Spanish province of Florida, there 
 was a great influx of American settlers into the hitherto 
 disputed territory — the district between the lines of 31° 
 and 32° 28', stretching from the Mississippi to the Chatta- 
 hoochee. It was important tliat some kind of civil govern- 
 ment should be organized for the people. Congress, there- 
 fore, with the consent of the State of Georgia, which still 
 claimed the title to the land, passed an act, approved April 
 7, 17US, authorizing the President to form a territorial 
 
 16
 
 TERRITORIAL GOVERNMENT IN ALABAMA. 17 
 
 government in the ceded district, known as the Mississippi 
 Territory, similar to that which had been provided for the 
 North-west Territory by the famous ordinance of 1787 — a 
 noteworthy difference being that slavery was not prohibited 
 in the Mississippi Territory, 
 
 22. President Adams appointed Winthrop Sargent, of 
 Massachusetts, first governor of the Territory, with John 
 Steele of Virginia, as secretary. Thomas Rodney of 
 Delaware, and John Tilton of New Hampshire, were ap- 
 pointed judges of the supreme court. These officers 
 reached Natchez, the territorial capital, a few months after 
 the Spaniards had withdrawn from the ceded district, and 
 they found the country occupied by General James 
 Wilkinson, in command of Federal troops. The governor 
 proceeded at once to put the territorial government in 
 force. His powers were extensive. He could appoint all 
 territorial officers, except the secretary, the supreme court 
 judges, and the militia generals. He could divide the 
 Territory into counties ; and, acting with the judges, he 
 could ordain such laws as were necessary for the govern- 
 ment of the Territory — unless they were disapproved by 
 Congress. 
 
 23. By a proclamation, dated April 2, 1799, Governor 
 Sargent divided the " Natchez district " into the counties 
 of Adams and Pickering ; and he established county courts 
 to be held quarterly by the territorial judges. On June 4, 
 1800, he issued another proclamation establishing the 
 county of Washington, which embraced the settlements 
 along the Alabama and Tombigbee rivers— which em- 
 braced, in fact, all that part of the original Mississippi 
 Territory now lying in the State of Alabama. Out of the 
 county of Washington there have since been carved, in 
 whole or in part, twenty-nine counties in what is now 
 Alabama and sixteen in what is now Mississippi.' 
 
 1 By act approved March 27, 1804, Congress made a judicial district 
 2
 
 18 THE CIVIL GOVERNMENT OF ALABAMA. 
 
 24. Dissatisfaction with the arbitrary powers of Gov- 
 ernor Sargent and a considerable increase in population 
 were the causes which induced Congress to complete the 
 territorial government of Mississippi by a supplemental 
 act, approved May 10, 1800, which provided for a terri- 
 torial legislature. Representation was apportioned among 
 the three counties on a basis of one representative for 
 every five hundred free white males, with the result 
 that Adams and Pickering had four representatives each, 
 while the county of Washington had only one. These 
 representatives and a legislative council, or upper house, 
 of five members, appointed by the president, met in Gen- 
 eral Assembly at Natchez, in December, 1800 — the first 
 representative body of white men that ever met for the 
 purpose of making laws for what is now a large part of 
 Alabama. It was thus that Mississippi passed from a 
 " first grade " to a " second grade " territory. 
 
 25. The first governor under the new system was Wil- 
 liam Charles Cole Claiborne, a native of Virginia and a 
 citizen of Tennessee, who was appointed by President Jef- 
 ferson. By authority of the legislature, the new governor 
 moved the capital from Natchez to the village of Washing- 
 ton, six miles east of the former place. It was at the last- 
 mentioned capital, during the legislative session 1801-2, 
 that the first regular code of laws, with forms of judicial 
 proceedings, was adopted for the use of the Territory. 
 
 2G. As a settlement of controversies that had grown out 
 of conflicting land claims, the State of Georgia in 1802 
 ceded all the territory on her western frontier to the United 
 States. This whole Georgia cession, stretching from the 
 western boundary of that State to the Mississippi river, 
 and embracing all the country lying between the lines of 
 
 of the county of Washington, and President Jefferson appointed Harry 
 Toulinin to the judgeship thus created. That appointment is said to 
 mark tlie beginning of tlie judicial history of Alabama. — Hannis 
 Taylor.
 
 TERRITORIAL GOVERNMENT IN ALABAMA. 19 
 
 31° and 35° north latitude, was bound up in the Missis- 
 sippi Territory by an act of Congress approved March 
 27, 1804. Within the northern boundary of the Territor)'^ 
 as thus enlarged was included a strip of land about 
 twelve miles wide that had been ceded to the United 
 States by Soutli Carolina in 1787. 
 
 27. In December, 1803, William C. C. Claiborne, still 
 acting as territorial governor of Mississippi, accepted — 
 with General Wilkinson as a fellow commissioner — the 
 formal surrender of Louisiana. That province having 
 been retroceded by Spain to France by a secret treaty in 
 1800, had been purchased by the United States from Napo- 
 leon. Spain continued in possession of that portion of 
 what is now Alabama and Mississippi lying south of the 
 line 31° — the "Mobile district "—although the United 
 States claimed that it had acquired by purchase the wdiole 
 of Louisiana which belonged to France prior to 1763 — 
 that is, as far east as the Perdido river. 
 
 28. In the War of 1812, Spain became the virtual ally 
 of England, and the opportunity was thus presented to 
 dislodge the Spanish forces at the mouth of Mobile river. 
 Accordingly General Wilkinson moved from New Orleans 
 with six hundred men, and, on the 13th of April, 1813, he 
 forced the Spanish garrison of Fort Charlotte to surrender. 
 By an act of Congress approved May 12, 1813, the " Mo- 
 bile district," thus wrested from Spain by military force, 
 was annexed to the Mississippi Territory. These events 
 removed the last vestige of foreign domination from what 
 is now the soil of Alabama.' 
 
 29. In the Mississippi Territory as thus completed there 
 were embraced " three distinct groups of white settlements, 
 separated from each other by wide stretches of country in 
 the possession of the C reek, the Choctaw, the Cherokee and 
 
 ' On February 12, 1815, British forces captured Fort Bowyer (now 
 Fort Morgan) on Mobile Point, and held it for a short time after the 
 news of the Peace of Ghent had come across the Atlantic.
 
 20 
 
 THE CIVIL GOVERNMENT OF ALABAMA. 
 
 the Chickasaw Indians." These settlements were the Nat- 
 chez district, on the eastern bank of the Mississippi ; the 
 Tombigbee settlements, including the "Mobile district"; 
 and the settlements north of the Tennessee river. The 
 
 Map showing successive additions to the Mississippi Territory and its 
 
 DIVISION into the StATE OF MISSISSIPPI AND THE ALABAMA TERRITORY IN 1817. 
 
 aggregate population of these three groups was about 
 thirty-five thousand. 
 
 30. The general policy of the Federal government in 
 dealing with the Indians of the Mississipjoi Territory was 
 to extinguish by purchase their titles to the land as " soon 
 as it could be done peaceably and on reasonable terms." 
 Agents and officials of the government succeeded, with 
 more or less difficulty, in negotiating successive treaty pur- 
 chases with the Chickasaws, the Choctaws, and the Chero- 
 kees ;' but the Creek Indians, claiming the larger part of 
 what is now Alabama, had to be dealt with in another way. 
 
 ^ The last reservation of the Chickasaws in Alabama was ceded in 
 1832. By the Treaty of Dancing Rabbit Creek, concluded September 
 27, 1830, the Choctaws made the final cession of all their lands in Ala- 
 bama and Mississippi. The final treaty with the Cherokees was made 
 at New Echota, December 29, 1835. — Bkewer.
 
 TERRITORIAL GOVERNMENT IN ALABAMA. 21 
 
 They constituted the most powerful tribes with which 
 the white settlers had to contend. After the close of the 
 Revolutionary War the Creeks had shown some hostility to 
 the American settlers, but under the prudent diplomacy 
 of the government at Washington their lands might ulti- 
 mately have been peaceably purchased, had it not been 
 for English and Spanish influence. 
 
 31. At the outbreak of the War of 1812, it was the 
 policy of Great Britain to array the Indian tribes against 
 the Americans. In pursuance of this polic}^, Tecumseh, 
 the Shawnee chief, came southward from the lakes, preach- 
 ing his war of extermination against the white settlers. He 
 found eager listeners in Josiah Francis, the prophet ; Wil- 
 liam Weatherford, the " Red Eagle ;'* Peter McQueen, the 
 half-breed of Tallase ; and other leaders among the Creeks. 
 
 32. The flames of the Creek War broke out at the battle 
 of Burnt Corn in what is now Conecuh county ; and this 
 was followed by the horrible massacre at Fort Mims, in 
 Baldwin county, August 30, 1813. Scattered as were the 
 white settlers, they were unable, in many instances, to 
 protect themselves ; but a strong deliverer was at hand. 
 Down from Tennessee came Andrew Jackson, with his 
 volunteers, who, with terrible energy, broke to pieces the 
 Creek confederacy in the hard-fought battles of Talladega, 
 Emuckfau,' and Tohopeka. An important result of the 
 last decisive victory was the conclusion of the Treaty of 
 Fort .lackson, signed August 9, 1814, by which the Creeks 
 ceded to the United States all their claims to territory 
 lying " west of the Coosa river and south of a line drawn 
 from Wetumpka to a point on the Chattahoochee river 
 below the i)resent city of Eufaula."'^ 
 
 ' The Creek warriors claimed a victory at the battle of Emuckfau 
 creek, and boasted that they had made ^'Captain Jackson " run. — 
 Pickett. 
 
 ■■^ The final treaty witli the Creeks by which they ceded to the United 
 States all their lauds east of the Mississippi, was negotiated at Cusseta
 
 22 THE CIVIL GOVERNMENT OF ALABAMA. 
 
 33. It was in the early days of the Creek War that 
 " the smallest naval battle on record " occurred in Ala- 
 bama waters. On the 12th of November, 1813, Samuel 
 Dale, James Smith, and Jeremiah Austill, manning a 
 canoe, met a party of nine Indian warriors in another 
 boat on the Alabama river near the mouth of Randon's 
 creek in what is now Monroe county. A hand-to-hand 
 fight with war-clubs and rifle-barrels ensued, with the re- 
 sult that the nine Indians were killed and the three white 
 men escaped with a few painful though not serious wounds. 
 
 The Alabama Territory. 
 
 34. By an act of Congress approved March 1, 1817, the 
 Mississippi Territory was divided into two parts by "a 
 line to be drawn from the mouth of Big Bear creek on 
 the Tennessee river to the north-west corner of Washing- 
 ton county on the Tombigbee river, thence due south with 
 the western limit of said county to the sea." That part 
 Ijnng west of the line indicated became, December 10, 
 1817, the State of Mississippi. That part l3dng east of 
 the line was organized by act of Congress, approved March 
 3, 1817, into the Alabama Territory — the name being taken 
 from the principal river within its borders.* St. Stephens, 
 on the Tombigbee river, was made the provisional capital ; 
 and President Monroe appointed William Wyatt Bibb, of 
 Georgia, governor of the Territory. 
 
 35. The act creating the Alabama Territor}'^ authorized 
 the governor to convene a territorial legislature, to be com- 
 
 and formally signed at Washington, March 24, 1832. It was not, 
 however, until 1836 that they were moved across the Mississippi. — 
 Brewer. 
 
 'The interpretation "Here we rest," said to have been given the 
 name Alabama hy the late Judge A. B. Meek, poet, orator, and histo- 
 rian, which has found a place as the motto of the Great Seal of State, 
 is now generally regarded as purely poetical. No other satisfactory 
 interpretation has yet been substituted for it.
 
 TERRITORIAL GOVERNMENT IN ALABAMA. 23 
 
 posed of such members of the legislative council, or ui)per 
 house, and of the house of representatives, of the Missis- 
 sippi Territory as fell within the limits of the new Terri- 
 tory. The first territorial legislature, thus provided for, 
 met at St. Stephens on January 19, 181 cS, and the follow- 
 ing counties which had been organized under the Missis- 
 sippi Territory were represented : Wasliington, ]\Iadison, 
 Baldwin, Clarke, Mobile, Monroe, and Montgomery. It 
 happened that only one member of the old legislative 
 council, or u])per house, of the Mississippi Territory re- 
 sided in the new Alabama Territory — Mr. James Titus, of 
 Madison ; but, by no means disconcerted, he sat alone as 
 an upper house or senate, and, with all the gravity which 
 the situation demanded, passed or rejected measures which 
 came to him from the lower house in due parliamentary 
 form. On the 20th of January, Governor Bibb presented 
 his message in which he recommended the advancement 
 of education, the building of roads and bridges, the forma- 
 tion of new counties, and other legislation for the develop- 
 ment of the Territory. 
 
 36. In the same year that the first territorial legislature 
 met at St. Stephens, 1818, a French colony, composed of 
 exiled followers of Napoleon, who were seeking in the 
 wilds of Alabama a refuge from Bourbon hate, founded 
 the city of Demopolis, at the junction of the Warrior 
 and Tombigbee rivers. Among the colonists were General 
 Charles Lefebvre-Desnouettes, Captain Victor Grouchy, 
 son of the famous Marshal Grouchy, and other noted 
 French officers. The story of the colony, with its mis- 
 fortunes, forms one of the most romantic episodes in 
 South-western history. The names of the county of Ma- 
 rengo and of its two villages, Linden and Areola, bear tes- 
 timony to the political sympathies of its earliest settlers. 
 
 37. The second session of the territorial legislature met 
 at St. Stephens in November, 1818. At that session the 
 seat of government was established on the Alabama river
 
 24 THE CIVIL GOVERNMENT OF ALABAMA. 
 
 at the mouth of the Cahaba river, and Governor Bibb was 
 made sole commissioner to lay off the town of Cahaba. 
 Huntsville, however, was selected as the temporary capital, 
 until suitable buildings could be erected at Cahaba. 
 
 38. The Alabama Territory, at the time it was cut off 
 from Mississippi, did not have over thirty-three thousand 
 inhabitants, exclusive of Indians; but before the close of 
 1818, the population had increased to more than seventy 
 thousand. This increase had been chiefly from immigra- 
 tion from the States of Georgia, Tennessee, Virginia, and 
 the Carolinas. The immigrants had brought with them 
 the love of " settled government " bred in the older com- 
 munities, and they vied with the earlier inhabitants in 
 the desire to see their new home take on the dignity of 
 Statehood. The time had come for Alabama to apply to 
 Congress for admission into the Union.
 
 \ 
 
 : \ 
 
 Governor George S. Houston. 
 
 CHAPTER III 
 
 THE STATE GOVERNMENT OF ALABAMA IN THE 
 
 PAST. 
 
 39. An Act of Congress entitled " An act to enable the 
 people of Alabama Territory to form a constitution and 
 State government, and for the admission of sucli State 
 into the Union on an equal footing with the original 
 States," was approved by President Monroe, March 2, 
 1819.' Under the provisions of this " enabling act " an 
 election was held throughout the several counties of the 
 
 ^ For present boundaries of the State, see Const Art. 11. Sect. 1. 
 
 C 25
 
 26 THE CIVIL GOVERNMENT OF ALABAMA. 
 
 Territory on the first Monday and Tuesday of May, 1819, 
 to elect delegates to a convention to form a constitution 
 for the future State. The convention met at Huntsville 
 on Monday July 5, 1819. John W. Walker, of Madison 
 county, was chosen president, with John Campbell as sec- 
 retary. The convention, having framed a constitution, 
 adjourned on the 2d of August. 
 
 40. It is worthy of remark here that the French settle- 
 ment and the Spanish occupancy of a portion of the ter- 
 ritory embraced in Alabama, left no traces in the organic 
 law of the State. The government provided for by the 
 constitution framed at Huntsville was " as purely Eng- 
 lish in its outlines and spirit as that of Virginia or of 
 Massachusetts." And with good reason; for a majority 
 of the men who framed it had come from the lower group 
 of the thirteen original States — the citizenship of which 
 group was as thoroughly English in its political habit as 
 that of any other part of the country. Of the forty-four 
 delegates' who sat in the convention at Huntsville, ten are 
 known to have come from Virginia, six from North Caro- 
 lina, two from South Carolina, one from Georgia, one from 
 
 1 The following is a roll of the delegates under the counties from 
 which they were sent : Madison — Clement C. Clay, John Leigh Townes, 
 Henry Chambers, Samuel Mead, Henry Minor, Gabriel Moore, John W. 
 Walker, and John M. Taylor ; Monroe — John Murphy, John Watkins, 
 James Pickens, and Thomas Wiggins; Blount — Isaac Brown, John 
 Brown, and Gabriel Hanby ; Limestone — Thomas Bibb, Beverly Hughes, 
 and Nicholas Davis; Shelby — George Phillijis and Thomas A. Rogers; 
 Montgomery — John I). Bibb and James W. Armstrong; Washington — 
 Israel Pickens and Henry Hitchcock ; Tuscaloosa — Marmadnke Wil- 
 liams and John L. Tindal ; Franllin — Richard Ellis and William Met- 
 calf; Cotaco — Melkijah Vaughn and Thomas D. Crabb; Clarke — Reuben 
 Saflbld and James McGolhn ; Cahaba — Littlepage Sims ; Conecuh — 
 Samuel Cook ; Dallas — William R. King ; 3Iarcngo — Washington 
 Thompson; Marion — John D. Terrell; Lauderdale — Hugh McVay ; 
 St. Clair — David Connor; Autauga — James Jackson; Baldwin — Harry 
 Toulmin; Mobile — S. H. Garrow ; Lawrence — Arthur F. Hopkins and 
 Daniel Wright. — Pickett.
 
 STATE GOVERNMENT IN THE PAST. 27 
 
 Vermont, and one from England. There can be no question 
 that a large majority of the remaining twenty-three dele- 
 gates had also come, in about the same proportion, from 
 the four first-mentioned States. " The men who domi- 
 nated the convention," concludes Mr. Hannis Taylor, 
 " were no doubt from Virginia and North Carolina." 
 
 41. The Huntsville constitution, after a full ''declara- 
 tion of rights," made the usual division of the powers of 
 government into " three distinct departments," legislative, 
 executive, and judicial. The legislative power was vested 
 in " two distinct branches : the one to be called the Senate, 
 the other the House of Representatives, and both together 
 ' The General Assembly of the State of Alabama.' " The 
 governor was to be elected by the people and to hold office 
 for two years. The judicial power was vested in one su- 
 preme court, in circuit courts, and in such inferior courts 
 of law and equity, as the General Assembly might from 
 time to time establish. 
 
 42. The General Assembly was prohibited from pass- 
 ing laws for the emancipation of slaves without the con- 
 sent of the owners, or for preventing immigrants from 
 bringing slaves with them ; but power was given " to pre- 
 vent slaves from being brought into the State as merchan- 
 dise." It was enjoined upon the General Asseml)ly to 
 pass laws " to suppress the evil practice of duelling." It 
 was declared that " schools shall be forever encouraged in 
 this State ; " and that " the General Assembly shall take 
 measures for the improvement of sucli lands as may have 
 been or may be hereafter granted by the United States for 
 the support of a seminary of learning, and the moneys 
 which may be raised from such lands by rent, lease, or 
 sale . . . shall be and remain a fund for the exclusive 
 support of a State university, for the promotion of the 
 arts, literature, and the sciences." 
 
 43. With a view to Alabama's assumption of the full 
 functions of statehood, an election was held on the third
 
 28 THE CIVIL GOVERNMENT OF ALABAMA. 
 
 Monday and Tuesday in September, 1819, to choose mem- 
 bers of the General Assembly, a governor, and other State 
 officers. William Wyatt Bibb, who had been the Terri- 
 torial governor of Alabama, was elected the first governor 
 of the embryo State, and he was inaugurated at Hunts- 
 ville, November 9, 1819. A joint resolution of Congress, 
 admitting Alabama as a State of the Union under the con- 
 stitution framed at Huntsville, was approved by President 
 Monroe, December 14, 1819. 
 
 44. The General Assembly met at Cahaba in 1820, and 
 that place continued to be the seat of government until 
 1826, when the capital was moved to Tuscaloosa. In 1846 
 the capital was moved to Montgomery, which still remains 
 the seat of government. The Capitol first built there was 
 destroyed by fire in December, 1849 — a disaster involving 
 the loss of valuable public documents. The present Capi- 
 tol — made doubly historic by the inauguration of the Con- 
 federate government there in 1861— dates its completion 
 from 1851. 
 
 45. The excellence of the .work of the framers of the 
 constitution of 1819 is attested by the fact that, with a few 
 unimportant amendments, it met all the conditions of a 
 rapidly growing State until the lowering clouds of the 
 great Civil War brought momentous changes. By a reso- 
 lution passed February 24, 1860, the legislature instructed 
 the governor to call a State convention in the event of the 
 election of the republican candidate for the presidency. 
 Under that resolution. Governor Andrew B. Moore, on the 
 election of Mr. Lincoln, called a convention, which met in 
 Montgomery, January 7, 1861. William M. Brooks, of 
 Perry county, was elected president of the convention. 
 Four days after its meeting — on the 11th day of January, 
 1861 — it passed the following Ordinance of Secession : 
 
 "i>e it declared and ordained by the 'people of the State of 
 Alabama, in Convention assembled, That the State of Alabama 
 now withdraws, and is liereby withdrawn, from the union
 
 STATE GOVERNMENT IN THE PAST. 29 
 
 known as the ' United States of America,' and henceforth 
 ceases to be one of said United States, and is, and of right 
 ought to be, a sovereign and independent State. 
 
 " Sec. 2. Be it further declared and ordained by the people 
 of the State of Alabama, in Convention assembled, That all the 
 powers over the territory of said State, and of the people 
 thereof, heretofore delegated to the government of tlie 
 United States of America be, and they are hereby, with- 
 drawn from said government, and are hereby resumed and 
 vested in the people of Alabama."^ 
 
 The ordinance was passed by a vote of sixty-one to 
 thirty-nine. Twenty-four of the thirty -nine delegates who 
 voted in the negative did not sign the ordinance; but 
 among those who did sign it were some who had been 
 leading ojiponents of the measure before its passage. 
 
 40. On the 4th of February, 1861, representatives from 
 the seceded States met in Montgomery and proceeded to 
 form the provisional government of the Confederate States 
 of America. Jefferson Davis, of Mississippi, was elected 
 president of the new republic, and he was inaugurated at 
 the capitol in Montgomery, February 18, 1861. Alabama, 
 of course, was represented in the formation of the new 
 government, and it continued under that government until 
 the final surrender of the Confederate armies in the spring 
 of 1865. 
 
 47. At the close of the war President Johnson — who 
 believed that the seceded States should be recognized as 
 States of the Union as soon as they had repealed the ordi- 
 nances of secession, had repudiated the Confederate war 
 debt, and had adopted the thirteenth amendment, prohib- 
 iting slavery — appointed Lewis E. Parsons, of Talladega 
 county, provisional governor of Alabama. A convention 
 
 ' The full text of the Ordinance of Secession, including the pre- 
 amble and the succeeding resolutions, was engrossed on parchment and 
 signed by the members of the convention. It is preserved in the State 
 library at Montgomery.
 
 30 THE CIVIL GOVERNMENT OF ALABAMA. 
 
 was called to meet in Montgomery, September 12, 1865. 
 Benjamin Fitzpatrick was elected president of this con- 
 vention, with William H. Ogbourne as secretary. 
 
 48. The convention revised the constitution of the State 
 in accord with the " Johnson plan of reconstruction." 
 Roliert M. Patton was elected governor under the revised 
 constitution, and the legislature chosen under it met in 
 December, 1865, The government thus organized contin- 
 ued in force until it was superseded by the act of Con- 
 gress " to provide for the more efficient government of the 
 insurrectionary States," which was passed over the veto 
 of President Johnson, March 2, 1867. 
 
 49. The reconstruction measures of Congress divided 
 the seceding States into military districts, each under the 
 command of an officer " not below the rank of brigadier- 
 general." General Pope was appointed to the command 
 of the military district of which Alabama formed a part, 
 and Brigadier-General Wager Swayne was assigned to the 
 immediate command of Alabama, with headquarters at 
 Montgomery. Each State was to remain under this mili- 
 tary government until a State convention, composed of 
 delegates " elected by the male citizens of the State 
 twenty-one years old and upward, of whatever race, color, 
 or previous condition," should form a State government 
 and ratify the fourteenth amendment to the Constitution 
 of the United States. 
 
 50. A convention called under the " congressional plan 
 of reconstruction " met in Montgomery, November 5, 1867, 
 and framed a new constitution establishing universal man- 
 hood suffi'age. When it was submitted to the people for 
 ratification in February, 1868, it failed to secure the sup- 
 port of a majority of the registered voters. Congress, 
 however, afterwards decided that it had been ratified by 
 receiving a majority of the votes which had been cast in 
 the election, and consequently the State was readmitted 
 into the Union under that constitution, July 11, 1868.
 
 STATE GOVERNMENT IN THE PAST. 31 
 
 51. At the general election in November, 1874, the 
 forces which had dominated in Ahibama under the " con- 
 gressional plan of reconstruction " were finally overthrown. 
 Under the leadership of the late George Smith Houston, 
 who was at that time elected governor, a constitutional 
 convention was called, and a new constitution was framed 
 — the one under which the government of Alabama is now 
 organized. It was ratified by popular vote, November 16, 
 1875, and went into effect by proclamation of the governor 
 December 6, 1875. Except in so far as it fully accepted 
 the results of the Civil War, the present constitution per- 
 petuates the spirit and the main features of the constitu- 
 tion framed at Huntsville in 1819. 
 
 53. Before outlining the organization of the present 
 State and local governments in Alabama, which will be 
 attempted in the succeeding chapters, it may be well to 
 note a few facts in the progress and development of the 
 State in the past. In 1820 — the year after the State was 
 admitted into the Union — Alabama had a total popula- 
 tion, exclusive of Indians, of onl}^ 127,901 souls. Of this 
 number, 85,451 were whites and 42,450 negroes. By the 
 last census, 1890, the State had a total population of 
 1,513,017, of which 681,431 were colored. When the State 
 was admitted into the Union, the principal towns were 
 Mobile, Huntsville, Claiborne, Cahaba, St. Stephens, Mont- 
 gomery, and Florence, none of which had a population of 
 over two thousand. By the census of 1890, the popula- 
 tion of the six leading cities of the State was given as 
 follows : Mobile, 31,076, Birmingham, 26,178, Montgomery, 
 21,883, Anniston, 9876, Huntsville, 7995, and Selma, 7626. 
 In face of the rapid growth of mining and manufacturing 
 industries in Alabama in the past decade, the large pre- 
 ponderance of rural over urban population shows that the 
 main interests of the people of the State still centre in 
 agriculture. 
 
 53. Although there was some division among the i)co-
 
 32 TBE CIVIL GOVERNMENT OF ALABAMA. 
 
 pie of Alabama upon the question of secession, as indi- 
 cated by the vote upon the Ordinance of Secession, when 
 the Civil War opened they were practically united, in nearly 
 all of the counties, in the support of the Confederate gov- 
 ernment, and the State furnished over 120,000 soldiers for 
 tlie Confederate armies. Among these were such distin- 
 guished officers as Rodes, Kelly, Clanton, Clayton, Pel- 
 ham, and scores of others who might be mentioned. 
 Admiral Raphael Semmes, who commanded the Alabama 
 in her famous duel with the Kearsarge off the coast of 
 France, June 19, 1864, was an Alabamian. In council, 
 as well as in the field and afloat, Alabama contributed 
 able men to the service of the Confederacy — such men, for 
 instance, as Leroy Pope Walker and Thomas Hill Watts, 
 who were mem])ers of the cabinet of President Davis. 
 
 54. In the opening days of the Civil War the people of 
 Alabama only heard the sound of the conflict in the dis- 
 tance ; but before its close they saw much of its realities. 
 One of tlie most important naval battles of the war occur- 
 red in Mobile Bay, August 5, 1864. when Admiral Farra- 
 gut defeated the Confederate fleet commanded by Admiral 
 Buclianan. Heavy figliting occurred on the eastern shore 
 of Mobile Bay, at Spanish Fort and Blakely, in March 
 and April, I860. There were many important military 
 operations throughout North Alabama, the most noted of 
 which was the capture. May 3, 1863, of 1700 Federal 
 troops by the Confederate General N. B. Forrest in the 
 eastern part of Cherokee county ; and in the closing days 
 of the war there were skirmishes or battles at Elyton, 
 Tuscaloosa, Pleasant Ridge, and Selma. On the 4th of 
 May, 1865, General Richard Taylor surrendered the mili- 
 tary department of which Alabama formed a part, to the 
 Federal General Canby, and this put an end to military 
 operations in the State. 
 
 5.5. The people of Alabama liave always exhibited a 
 commendable interest in education. The State has a sys-
 
 STATE GOVERNMENT IN THE PAST. 33 
 
 tern of public schools that is constantly growing in elli- 
 ciency. Chiefly to provide teachers for these schools, the 
 State maintains seven normal schools or colleges : four are 
 for white teachers, and are located at Florence, Troy, Jack- 
 sonville, and Livingston ; the three normal schools for the 
 training of colored teachers are at Tuskegee, Huntsville, 
 and Montgomery. Besides this system of normal schools 
 and an agricultural school provided for each congres- 
 sional district, the University of Alabama, at Tuscaloosa, 
 and the Agricultural and Mechanical College and Poly- 
 technic Institute, at Auburn, both endowed institutions, 
 are under State control. Provision has also been made 
 for the establishment and support of a State industrial 
 school for white girls. In addition, there are excellent 
 private and denominational schools and colleges to be 
 found in every section of the State, among the most noted 
 of which may be mentioned the Southern University, at 
 Greensboro ; Howard College, at Eastlake, near Birming- 
 ham, and Spring Hill College, near Mobile. 
 
 56. The greatest charitable institution that the State 
 maintains is the Alabama-Bryce Insane Hospital, at Tus- 
 caloosa. It was opened in 1860 as the Alabama Insane 
 Hospital, and after the death of its first great superin- 
 tendent, the late Dr. Peter Bryce, his name was incor- 
 porated, by an act of the General Assembly, in that of the 
 institution. Two other important State institutions are 
 tlie Deaf and Dumb Asylum, opened in 1860, and the 
 Blind Asylum, opened in 1867, both of which are located 
 at Talladega. They were united under one management 
 in 1870, with the late Dr. J, H. Johnson as superin- 
 tendent. 
 
 57. In every department of public life Alabama has 
 produced men worthy to serve ag exemplars to the young. 
 The roll of her distinguished public men is too long to be 
 attempted here ; but among her great governors may be 
 mentioned Winston, Watts, and Houston ; among her 
 
 3
 
 34 THE CIVIL GOVERNMENT OF ALABAMA. 
 
 great party leaders, Fitzpatrick, Yancej^ and Hilliard; 
 among her great judges, John A. Campbell, Edmund S- 
 Dargan, Abram J. Walker, and George W. Stone. Alabama 
 furnished a Vice-President of the United States in the 
 person of William R. King, and among her great repre- 
 sentatives and senators in the Federal Congress in the past 
 were Dixon H. Lewis, Arthur P. Bagby, and Clement Clai- 
 borne Clay. Among her men of letters of the past gen- 
 eration, Albert J. Pickett and Alexander B. Meek de- 
 serve especial honor for the patriotic work which they 
 accomplished in preserving the early history of the State, 
 58. Emerson has said, "America is another word for 
 opportunity." Nowhere else in tliis great American 
 republic are greater opportunities oftered to the young 
 than in Alabama. In variety of soil and climate, in min- 
 eral resources, in navigable waterways — in fact, in a gen- 
 erous combination of the natural resources from which 
 material wealth and power are drawn — she is surpassed 
 by no other State of the Union. It remains with an intel- 
 ligent and virtuous citizenship to perpetuate within her 
 borders the blessings of good government, so necessary 
 to the happiness and prosperity of all her people.
 
 The Great Seal of the State of Alabama. 
 
 CHAPTER IV. 
 
 THE PRESENT STATE GOVERNMENT OF ALABAMA. 
 
 59. The Citizen. — The fourteenth amendment to the 
 Constitution of the United States declares that " All per- 
 sons born or naturalized in the United States, and subject 
 to the jurisdiction thereof, are citizens of the United States 
 and of the State wherein they reside." There is thus 
 declared a double citizenship, which may be held and en- 
 joyed by the same person at the same time. Under that 
 amendment to the Constitution, "all persons," women and 
 children, as well as adult males, who fulfil the conditions 
 as to birth and naturalization, are citizens both of the 
 State and of the United States.^ 
 
 60. The Voter, or Elector. — All citizens, however, are 
 not voters. Suffrage, or the right to vote, is not a natural 
 right, but is one which is conferred by the State. The 
 power to prescribe the qualifications of voters, or electors, 
 
 ^ "A citizen of a given State or country is one who owes it alle- 
 giance and is entitled to its protection." 
 
 35
 
 36 THE CIVIL GOVERNMENT OF ALABAMA. 
 
 rests with the States, under the restriction, however, im- 
 posed by the fifteenth amendment to the Constitution of 
 the United States, that such quaUfications shall not be 
 based upon " race, color, or previous condition of servi- 
 tude.'" The State constitution might fix or limit the 
 suffrage upon any other basis than that prohibited by the 
 Constitution of the United States — as, for instance, upon 
 an educational or property qualification. Under the 
 present constitution of Alabama, however, every male 
 citizen over twenty-one years old is entitled to vote, except 
 idiots, insane persons, and those who have been convicted 
 of certain crimes." 
 
 CI. The Functions of State Government. — In the for- 
 mation or remodelling of the government of the United 
 States by the adoption of the Constitution framed at Phila- 
 delphia in 1787, the States ceded to the Federal govern- 
 ment certain powers which they had previously exercised 
 in whole or in part. " How far," says Alexander Johnson, 
 " the new Federal government succeeded to the sovereign 
 rights of the States, each must decide for himself by a 
 study of the Constitution, and on his decision will depend 
 generally his party membership." There is no question, 
 however, as to some of the powers ceded by the States. 
 They agreed not to make any treaty with each other or 
 with any foreign power; not to coin money; not to issue 
 any paper money; not to make anything but gold and 
 silver a legal tender in the payment of debts ; not to levy 
 any taxes upon exports or imports, without the consent of 
 Congress; and not to engage in war, unless actually in- 
 vaded, without the consent of Congress. 
 
 ^ There is also the earlier restriction contained in Art. I. Sect. 2 of 
 the Constitution of the United States, that in each State the electors 
 who choose members of the House of Representatives in Congress, 
 "shall have the qualifications requisite for electors of the most numer- 
 ous branch of the State legislature." 
 
 ^See^/<. VIIL
 
 PRESENT STATE GOVERNMENT OF ALABAMA. 37 
 
 But, conceding the most liberal range of powers con- 
 ferred by the Constitution upon the government of the 
 United States, the great bulk of the work of government 
 still rests with the States. In general terms, it may be 
 said that the State government is charged with regulating 
 the business dealings of citizens with each other, and with 
 the prevention and punishment of crime — except crimes 
 committed on the high seas, and crimes against the United 
 States or against the laws of nations. The State regulates 
 buying and selling, and the execution of deeds, mortgages, 
 and other conveyances and contracts. It establishes and 
 provides for the support of public schools and charitable 
 institutions. It regulates the inheritance of property, the 
 adminstration of estates, and the domestic relations of 
 husband and wife, parent and child, master and servant. 
 It grants charters within the State to corporations such as 
 railroads, telegraph lines, banks — except national banks — 
 insurance and m an u Picturing companies ; and it regulates 
 the organization of such corporations and their dealings 
 with the public. It establishes and prescribes the mode 
 of procedure in the various State courts, and it provides 
 for the organization of county, city, and town govern- 
 ments, which deal directly with the local interests of the 
 people. These are only some of the functions of the State 
 government; to catalogue them all would be to "examine 
 all the foundations of law and order." ^ 
 
 63. The Division of Powers. — The powers of the 
 government of the State of Alabama are divided into three 
 distinct departments— the legislative, the executive, and 
 the judicial.^ 
 
 The Legislative Power. 
 
 63. The Legislative Power of the State is vested in a 
 General Assembly, which consists of a Senate and a House 
 
 1 WooDROw Wilson. "^ See Art. III. 
 
 D 
 
 ;,/ \y O 1 r)
 
 38 THE CIVIL GOVERNMENT OF ALABAMA. 
 
 of Representatives. The power of the General Asseml^ly 
 is unlimited in the making of laws, except so far as it is 
 restrained by the State or Federal constitutions or by the 
 laws of Congress.* The representatives and half of the 
 senators are chosen at the general State election held on 
 the first Monday of August every two years.^ 
 
 The General Assembly meets biennially, in even years, 
 in the Capitol, at Montgomery, on Tuesday after the 
 second Monday in November. The two houses sit apart, 
 except when they meet in joint convention in the Hall of 
 Representatives to elect officers ; to witness the opening 
 and publishing of the returns of election for State officers ; 
 or to constitute a tribunal for the trial of contests of elec- 
 tions for State officers. 
 
 The General Assembly cannot remain in session longer 
 than fifty working days. Neither house can adjourn for 
 more than three days, nor to any other place than that in 
 which it may be sitting, without the consent of the other. 
 A majority of each house constitutes a quorum to do 
 business ; but a smaller number may adjourn from day to 
 day and may compel the attendance of absent members. 
 
 Each house has power to judge of the qualifications of 
 its members ; to determine its rules of procedure ; and to 
 punish members or others for contempt or disorderly con- 
 duct in its presence. Members of both houses are privi- 
 leged from arrest during their attendance at the session of 
 their respective houses, and in going to and returning 
 from the session, except for treason, felony, breach of the 
 peace, or violation of their oath of office. The pay of 
 representatives and senators is four dollars per day,^ and 
 
 ^ When the General Assembly is convened in special session by 
 proclamation of the governor, it cannot legislate upon any other sub- 
 jects than those designated in the proclamation. 
 
 '' For qualifications and terms of office, see Art. IV. Sects. 3, 4, and 9. 
 
 ^ The president of the Senate and the speaker of the House of Kep- 
 resentatives are each paid six dollars per day.
 
 40 THE CIVIL GOVERNMENT OF ALABAMA. 
 
 V 
 
 ten cents a mile in going to and returning from the seat of 
 government, to be computed by the nearest usual line of 
 travel ; and they are also supplied at the expense of the 
 State with such stationery as they may need. 
 
 G4. The Senate. — The Senate of Alabama is limited by 
 the constitution to thirty-three members, one for each of 
 the senatorial districts into which the State is divided. 
 The State is re-districted every ten years, when a new 
 census is taken, and the districts must have as nearly as 
 possible, without dividing counties, the same number of 
 inhabitants. At the beginning of each regular meeting of 
 the General Assembly, the Senate is organized by electing 
 one of its number a presiding officer, Avho is known as the 
 president of the Senate ; and it also elects its subordinate 
 officers, who are not members of the body, to-wit : secre- 
 tary, assistant secretary, enrolling and engrossing clerk, 
 doorkeeper, and assistant doorkeeper. The president 
 appoints the standing committees of the Senate ; and the 
 more important committees are authorized to employ clerks. 
 The Senate can originate all bills, except those providing 
 for raising revenue — to which, however, it has the right to 
 propose amendments. Besides its general legislative 
 power, it shares somewhat in the executive power in that 
 it has the right to confirm or reject certain appointments 
 of the governor, and in the judicial power in that it may 
 sit as a court of impeachment to try the governor, secretary 
 of state, auditor, treasurer, attorney-general, superintend- 
 ent of education, and judges of the supreme court, on 
 articles or charges preferred by the House of Represent- 
 atives.' 
 
 65. The House of Representatives. — The House of 
 Representatives consists of not more than one hundred 
 members, and representation is apportioned every ten years, 
 after a new census, among the counties ; but every county 
 
 ^See Art. VIL Sect. 1.
 
 PRESENT STATE GOVERNMENT OF ALABAMA. 41 
 
 must have at least one representative. The body is organ- 
 ized by electing one of its own members as a presiding 
 officer, who is known as the speaker of the House, and who 
 is charged, among other duties, with appointing its stand- 
 ing committees. The House elects its subordinate ofHcers, 
 who are not members, to-wit : clerk, assistant clerk, enroll- 
 ing clerk, engrossing clerk, doorkeeper, and assistant door- 
 keeper. The House may originate any bill, and under the 
 constitution it is specially charged with originating bills 
 for raising a sufficient revenue by taxation and otherwise, 
 to meet all lawful demands upon the State treasury. 
 
 6G. How a Law is Made. — A law is originated in the 
 form of a " bill " introduced by a member of either house. 
 The bill must contain but one subject, which must be 
 clearly expressed in its title.^ It must be referred to its 
 appropriate committee in both houses. It must be read 
 on three different days in each house, and when put on 
 its final passage it must be read at length and the yea and 
 nay votes must be recorded.'^ It must receive a majority 
 of the votes of the members present in each house. It is 
 then signed by the presiding officers of both houses and 
 sent to the governor. If he approves it, it becomes a law. 
 If he refuses to approve it, it may be passed over his veto 
 by a majority of all the members elected in each house. 
 If the governor does not approve or veto the bill within 
 five days after it is presented to him, it becomes a law, 
 unless in the meantime the General Assembly should ad- 
 journ, in which case it fails to become a law.* Either 
 house may amend a bill that comes to it from the other 
 house, and it is then sent back to the house in which it orig- 
 inated to have the amendment concurred in. If the two 
 houses cannot agree, a conference committee is appointed 
 from each house, which may agree upon a compromise 
 
 ^ For exceptions, see Art. IV. Sect. 2. ''■ See Art. IV. Sect. 21. 
 
 ' " A pocket veto."
 
 42 THE CIVIL GOVERNMENT OF ALABAMA. 
 
 measure to be reported back to the respective houses. 
 The st3'le oi all laws is : " Be it enacted by the General As- 
 sembly of Alabama." 
 
 The Executive Power. 
 
 67. The Executive Department of the Stdte govern- 
 ment consists of the governor, the secretary of state, the 
 State treasurer, the State auditor, the attorney-general, the 
 superintendent of education, and the commissioner of 
 agriculture. All of the State executive offices were cre- 
 ated by the constitution except that of commissioner of 
 agriculture, which is a statutory office.' The officers are 
 elected for a term of two years on the first ISIonday of 
 August of the even years. There is no constitutional or 
 statutory limit to the number of terms for which a State 
 executive officer may be elected ; but well-established 
 custom has limited the number to two terms.'' 
 
 68. The Governor. — The supreme executive power of 
 the State is vested in a chief magistrate, styled " The Gov- 
 ernor of the State of Alabama," whose duty it is to see 
 that the laws are faithfully executed.'^ He has a general 
 supervision of all the executive departments of the State 
 government, and he may require from the heads of de- 
 partments written reports, under oath, on any subject 
 relating to the duties of their respective departments. 
 He must give the General Assembly all needed informa- 
 tion as to the State government, and recommend to it such 
 measures as he thinks important. It is his duty to pre- 
 sent to the General Assembly, at the commencement of 
 each regular session, estimates of the amount of revenue 
 
 * There are various administrative officers, boards, and commissions 
 created by statute to assist in the administration of the State govern- 
 ment, the more important of which will be noted hereafter. 
 
 ^ This custom is not so well established in the case of superintendents 
 of education as in that of the other officials. 
 
 * For qualifications of the govertior, see Art. V. Sect. 6.
 
 PRESENT STATE GOVERNMENT OF ALABAMA. 43 
 
 necessary to be raised to meet all demands upon tlie State 
 treasury. 
 
 The governor has power to remit fines and to grant 
 pardons, except in cases of impeachment and treason, 
 and to fill by appointment all vacancies that may occur 
 among the State executive ofiicers, judges, chancellors, 
 and county officers. With the consent of the Senate, he 
 appoints railroad commissioners, militia generals, and 
 trustees of various State educational and charitable insti- 
 tutions. He has the power of absolute appointment of 
 convict inspectors, mine inspector, examiner of public 
 accounts, and other State and county officials.' 
 
 The governor may be impeached and removed from 
 office for any wilful neglect of duty, corrui)tion in office, 
 habitual drunkenness, incomj^etency, or any offence in- 
 volving moral turpitude. If the governor should resign 
 during the session of the General Assembly, he must send 
 his resignation to the president of the Senate ; otherwise, 
 to the secretary of state, who must notif}^ the president 
 of the Senate. When the office of governor becomes va- 
 cant for any cause, the president of the Senate must act 
 as governor until a new governor is elected. If the presi- 
 dent of the Senate should fail to qualify, or should die or 
 resign, then the speaker of the House of Representatives 
 must administer the government until the next election.'^ 
 The salary of tlie governor is S3000 a year. 
 
 69. Military Organization. — The governor is command- 
 er-in-chief of the militia, including the volunteer forces of 
 the State, except when they are called into the service of 
 the United States. The volunteer military forces, as dis- 
 tinguished from the unorganized militia, are designated as 
 
 * The governor has power to appoint a private secretary and a re- 
 cording secretary. The private secretary is made by statute "the 
 keeper of the Capitol," and he has charge of the official correspond- 
 ence of the governor. 
 
 "^ See Art. V. Sect. 15.
 
 44 THE CIVIL GOVERNMENT OF ALABAMA. 
 
 the " Alabama State Troops," and the following staff of- 
 ficers are appointed and commissioned by the governor 
 as officers of such troops, and hold office at his pleasure : 
 adjutant-general,' inspector-general, judge-advocate-gen- 
 eral, quartermaster-general, surgeon-general, commissary- 
 general, and paymaster-general, each with the rank of 
 colonel ; and assistant adjutant-general and four aides-de- 
 camp, with the rank of lieutenant-colonel. An act of the 
 General Assembly, ai)proved February 18, 1895, author- 
 ized the organization of the several regiments of the 
 " Alabama State Troops " into a brigade under the imme- 
 diate command of a brigadier-general, appointed by the 
 governor and confirmed by the Senate. His term of office 
 is four years ; but he ma}^ be removed from office at the 
 will of the governor.^ 
 
 70. The Secretary of State is the keeper of the Great 
 Seal of the State, which he affixes to such instruments as 
 the law requires, and he registers all the official acts of 
 the governor. He is charged with preserving the original 
 statutes and other papers belonging to the General As- 
 sembly, and with superintending the publication -of the 
 Acts of the General Assembly. It is his duty to attest 
 commissions, pardons, and all other executive documents ; 
 to record all grants issued by the State ; to keep all books, 
 maps, and field notes of the United States land surveys 
 for this State ; to supply the books and stationery for the 
 
 1 The adjutant-general is cliief-of-staff to the governor, and he issues 
 all orders of the governor to the military forces of the State. He is 
 charged with preserving the arms and other military stores of the State, 
 and with distributing them to the State troops. It is his duty to keep 
 a roster of all the officers of the State troops and to keep on file in his 
 ofBce all reports made to him. He may be said to be the military ex- 
 ecutive officer of the State government. 
 
 2 A major-general and a brigadier-general for each congressional dis- 
 trict are also appointed by the governor for the unorganized militia of 
 the State, which consists of all able bodied male citizens between the 
 ages of eighteen and forty-five.
 
 PRESENT STATE GOVERNMENT OF ALABAMA. 45 
 
 several departments of the State government ; to receive 
 election returns required by law to be sent to him ; and 
 to receive and file the bonds of State and colinty officials. 
 He is the custodian of all books — such as codes of laws, 
 acts and journals of the General Assembly, and reports 
 of the supreme court — kei)t for sale by the State. He 
 must give bond for the faithful performance of his duties 
 in the sum of S10,000, which must be approved by the 
 governor and deposited in the office of the auditor. His 
 salary is $1800 a year. 
 
 71. The State Treasurer receives and keeps the money 
 of the State and pays it out on warrants legally drawn by 
 the auditor. It is his duty to keej) accurate accounts of 
 the receipts and expenditures ; to take receipts for all pay- 
 ments and file such receipts with warrants, in chronologi- 
 cal order, for each fiscal year ; to make an itemized report 
 to the General Assembly of amounts received and paid 
 out, with an exact statement of the balance in the treas- 
 ury. With the approval of the governor, the treasurer 
 may designate some bank in the city of New York as the 
 fiscal agent of the State to pay the interest on its bonded 
 indebtedness. The treasurer gives bond in the sum of 
 $250,000, which must be approved by the governor, re- 
 corded by the secretary of state, and filed with the auditor. 
 His salary is $2100 a year. 
 
 72. The State Auditor examines and adjusts the 
 claims of all persons against the State, where provision 
 for payment has been made by law, and draws the war- 
 rants on the treasurer for the payment of all money out 
 of the treasury. It is his duty to audit the accounts of 
 all public officers, keeping a regular account with every 
 person in each county in the State who is authorized to 
 receive any part of the State revenue. In exercising the 
 functions of a general supervision of the revenue, lie must 
 direct the forms to be used l)y all public officials in col- 
 lecting, keeping accounts, and making returns of the
 
 46 THE CIVIL GOVERNMENT OF ALABAMA. 
 
 Slime. He must give bond, satisfactory to the governor, 
 in the sum of 620,000. His salary is $1800. 
 
 73. The Attorney-General is the legal adviser of the 
 governor and of the heads of departments in all matters 
 relating to their respective departments. It is also his duty 
 when requested, to give his legal advice to the chairmen 
 of the judiciary committees of both houses of the Gen- 
 eral Assembly. He represents the State in all criminal 
 cases in the supreme court, and in all civil suits in which 
 the State is interested. He also represents the State in all 
 civil proceedings in which it may be interested in the 
 courts of Montgomery county, and he may be required 
 by the governor to represent the State in the courts of 
 other States or of the United States. He must make an 
 annual report to the governor on the criminal administra- 
 tion of the State, making such suggestions as to the sup- 
 pression of crime as he may deem proper. He must give 
 bond, approved by the governor, in the sum of $10,000. 
 His salary is $2500. 
 
 74. The Superintendent of Education is charged with 
 the administration of the public school system of the 
 State. It is his duty to apportion all money belonging to 
 the educational fund and to see to its proper disburse- 
 ment; and, with this end in view, he must keep accurate 
 accounts with all officers who become custodians of any 
 part of that fund. He is charged with visiting every 
 county in the State, as far as practicable, for the purpose 
 of inspecting the schools and their management, and for 
 the purpose of diffusing as widely as possible information 
 as to the importance of public schools and the best methods 
 of their management. He must also encourage and assist 
 in organizing and conducting teachers' and superintend- 
 ents' institutes. It is his duty to prepare such blanks as 
 are needed in the administration of the school system. 
 He has power to appoint county superintendents of edu- 
 cation in counties where they are not elected. He is ex-
 
 PRESENT STATE GOVERNMENT OF ALABAMA. 47 
 
 officio a member of the board of trustees of the State uni- 
 versity, of the agricultural and mechanical college, and of 
 some of the normal schools. His salary is $2250. 
 
 75. Commissioner of Agriculture. — When the office 
 of commissioner of agriculture was created, in 1885, it 
 was filled by appointment of the governor; but, ])y an 
 act of the General Assembly approved February 18, 1891, 
 it was made an elective office and was put upon the same 
 footing, in this respect, with the constitutional executive 
 offices. The general duties of the commissioner are to 
 encourage the proper development of agriculture and kin- 
 dred industries; to collect and publish crop and other 
 statistics ; and to have the diseases of grains and other 
 crops investigated. Commercial fertilizers are sold in this 
 State under his supervision and by his license, after sam- 
 ples of such fertilizers have been analyzed by the State 
 chemist. Duplicates of specimens in geology and mine- 
 ralogy collected by the State geologist are required by law 
 to be deposited in the commissioner's office. The com- 
 missioner's salary is S2100. 
 
 76. The State Examiner of Public Accounts is ap- 
 pointed by the governor and holds office at his pleasure. 
 It is his duty, under the direction of the governor, to ex- 
 amine the books, accounts, and vouchers of all State 
 officers and State institutions. The governor may also 
 require him to examine the accounts of any county offi- 
 cial charged with the collection or disbursement of any 
 part of the public revenue. He is paid ten dollars j)er 
 day while at work, and the governor prescribes the time 
 for which he sliall Ite employed. 
 
 77. The Inspector of Mines is appointed by the gov- 
 ernor, and holds office for a term of two years. It is liis 
 duty to visit, once in every four months, all underground 
 mines in the State where twenty or more miners are em- 
 ployed, and to point out what changes in ventilation, fix- 
 tures, or machinery are required. He is required to keep
 
 48 THE CIVIL GOVERNMENT OF ALABAMA. 
 
 in his office, which must be in the city of Birmingham, 
 correct maps of all mines in the State. His salary is 
 $1500 a year, with an allowance of $400 a year for travel- 
 ling expenses. 
 
 78. The Board of Railroad Commissioners consists 
 of a president and two associates appointed by the gov- 
 ernor and confirmed by the Senate for terms of six years. 
 The board is charged with a general supervision of all the 
 railroads of the State. It is the duty of the commissioners 
 to examine the railroads from time to time, as they may 
 deem necessary ; to keep themselves informed as to their 
 condition and the manner in which they are operated ; to 
 recommend to the railroad officials such measures and 
 regulations as are deemed conducive to the public safety 
 and interest; and to exercise such supervision over all 
 tariffs of charges for transportation as justice to the public 
 and to the railroads may require. The salary of the presi- 
 dent is $3500 a year and that of the associate commis- 
 sioners, $3000 each. 
 
 79. The Board of Convict Inspectors consists of a 
 president and two associate inspectors, one of whom must 
 be a physician, who are appointed by the governor for 
 terms of two years. The president of the board superin- 
 tends the management of the convicts, and it his duty to 
 see that all laws in relation to them are enforced. The 
 board adopts such rules, approved by the governor, as are 
 necessary to secure the humane treatment of the convicts; 
 and one of the inspectors must visit at least once in every 
 two weeks the several places of confinement of convicts to 
 examine the food, clothes, quarters, and bedding furnished 
 them. Among other requirements, the biennial report of 
 the inspectors must show what provision is made for the 
 moral and religious instruction of the convicts. The 
 president of the board must keep his office in the Capitol, 
 where full records must be made of all matters pertaining 
 to the convicts. The salary of the president is $1800 a
 
 PRESENT STATE GOVERNMENT OF ALABAMA. 49 
 
 year ; that of the inspector who is a physician, S1700 ; 
 and that of the other inspector $1500. Travelling ex- 
 penses are allowed inspectors while aljsent from their 
 place of residence on oliicial duty. 
 
 80. The State Board of Health is the Medical Asso- 
 ciation of Alabama, which performs its functions chiefly 
 through the State health ofhcer and a board of ten censors, 
 whom it elects or appoints. Its duties are to exercise a 
 general superintendence of the county boards of health ; 
 to inquire into the causes and the means of prevention of 
 diseases ; to investigate the influences of localities and 
 employments upon the public health ; and to act as an 
 advisory board to the State government in all hygienic 
 and medical matters. It collects vital statistics, inspects 
 State institutions, and co-operates with the county medi- 
 cal boards in licensing physicians. 
 
 81. Other Administrative OflBcers, Boards or Com- 
 missions have been, or may be, created from time to 
 time, by acts of the General Assembly, to assist the State 
 executive officers in administering tlie affairs of tlie gov- 
 ernment. Usually the names of such officers or boards 
 indicate their duties in carrying on the governmental work 
 of the State. Among the officers and boards heretofore 
 created may be mentioned the State geologist, the State 
 chemist, the board of oyster inspectors, the commission of 
 lunacy, and the State board of embalmers.' 
 
 The Judicial Power. 
 
 82. The Judicial Department of the State govern- 
 ment consists of a supreme court, circuit courts, chancery 
 courts, probate courts,^ and such other inferior courts of 
 
 ' The teacher should make himself familiar with the functions of 
 these officers and boards by reference to the statutes respectively cre- 
 ating them. 
 
 ■"' As the probate judge is a county officer, his jurisdiction and func- 
 tions will be stated in the succeeding chapter, on "Local Government 
 in Alabama." 
 
 4 E
 
 50 THE CIVIL GOVERNMENT OF ALABAMA. 
 
 law and equity as the General Assembly may from time 
 to time establish.' All judges of the courts established 
 by the constitution are elected for terms of six years, and 
 there is no constitutional or statutory limit to the number 
 of terms for which a judge may be elected. 
 
 83. The Supreme Court consists at present of a chief- 
 justice and four associate justices. Except as otherwise 
 directed in the constitution, it has only appellate jurisdic- 
 tion.^ It has original jurisdiction in all cases of impeach- 
 ment of chancellors, circuit judges, probate judges, circuit 
 solicitors, judges of inferior statutory courts, and other 
 State officials, such as railroad commissioners. It has 
 appellate jurisdiction in all cases which have been tried in 
 the lower courts and which have come up, in the manner 
 prescribed by law, for final adjudication. When a case is 
 appealed to the supreme court, a record of it in the lower 
 court, called a " transcript," is sent up. When the case 
 comes on for trial, if it appears that all the evidence is set 
 out, the supreme court may either affirm the decision of 
 the lower court, or it may reverse it and render such judg- 
 ment as should have been given, or it may remand the 
 case generally, or it may remand it with directions to the 
 lower court to enter the proper judgment, order, or decree. 
 The court or a majority of the justices renders the decision 
 in the form of an " opinion " delivered by one of the jus- 
 tices, in which the other justices concur, or from which 
 a minority may dissent. The decision of the court is final, 
 unless it involves an interpretation of the Constitution or 
 laws of the United States, in which case it may be ap- 
 pealed to the supreme court of the United States. The 
 officers of the supreme court of Alabama — the clerk, the 
 reporter, and the marshal and librarian — are appointed by 
 the justices.^ It is the duty of the reporter to compile 
 
 ' See Art. VL Sect. 1. ^ See Art. VL Sect. 2. 
 
 * The justices also appoint the secretary of the chief-justice.
 
 PRESENT STATE GOVERNMENT OF ALABAMA. 51 
 
 the decisions of the supreme court and to superintend 
 their publication in book form. These volumes constitute 
 the Supreme Court Reports, and the decisions which they 
 contain establish precedents for future cases involving 
 similar propositions of law. The supreme court meets at 
 the Capitol in Montgomery on the first Tuesday of No- 
 vember in each year and the term continues until the last 
 of June. The salary of the justices is $3600 each. 
 
 84. Circuit Courts. — The State is divided into thirteen 
 judicial circuits, for each of which there is elected a judge 
 by the voters of the circuit. The only constitutional limit 
 to the number of circuits into which the State may be 
 divided by the General Assembly, is that there must not 
 be less than three counties nor more than twelve in any 
 one circuit.^ The judge must hold court in each county 
 in his circuit at least twice a year.^ The circuit court has 
 original jurisdiction in all criminal cases, and in civil cases 
 where more than fifty dollars is involved. It can also en- 
 tertain appeals in both civil and criminal cases from in- 
 ferior courts. The salary of a circuit judge is $2500 per 
 annum. 
 
 85. City Courts have been established, from time to 
 time, by acts of the General Assembly, in the more im- 
 portant municipalities of the State ; and they have, in the 
 counties in which they are respectively established, unless 
 otherwise provided, the same criminal jurisdiction, both 
 original and ap})ellate, that the circuit courts have. Some 
 of the city courts have concurrent civil jurisdiction with 
 the circuit courts in the counties in which they exist, 
 while others have botli common-law and equity jurisdic- 
 
 • See Art. VL Sect. 4- 
 
 ^ Whenever tlie governor is notified that the judge of any circuit 
 will not be able to hold court in a given county or counties, he is au- 
 thorized to appoint a special judge for that purpose. The pay of such 
 special judge is ten dollars per day and his actual or necessary ex- 
 penses.
 
 52 THE CIVIL GOVERNMENT OF ALABAMA. 
 
 tion. But the jurisdiction and the method of appoint- 
 ment, the terms of service, and the salaries of the judges, 
 sohcitors, and other officers of the various statutory courts 
 in question are determined by the acts of the General 
 Assemljly respectively creating them. 
 
 86. The Circuit Solicitor, who is elected by joint vote 
 of the General Assembly for a term of six years, must be 
 present at each regular term of the circuit court, and at each 
 special term held for trial of persons charged with felony. 
 It is his duty to attend on the grand juries, advise them 
 in relation to matters of law, and examine and swear wit- 
 nesses before them ; to draw up all indictments and to 
 prosecute all indictable offences ; and to prosecute and 
 defend any civil action in the circuit court in the prose- 
 cution or defence of which the State is interested. The 
 salary of a circuit solicitor is $2400 a year, and a cer- 
 tain commission on fees earned by him for convictions, 
 and actually paid into the State treasury — provided such 
 commissions do not exceed S600. The duties of city solici- 
 tors and county solicitors in the counties where their 
 election or appointment has been provided for by special 
 legislation, are similar to those of the circuit solicitors. 
 
 87. Chancery Courts. — The State is divided into five 
 chancery divisions, with a chancellor for each, who is 
 elected by the voters of the division. The chancery divi- 
 sions are subdivided into districts, visually one county con- 
 stituting a district, in each of which the chancellor holds 
 his court at least once a year. If for any reason the chan- 
 cellor cannot hold his courts at the appointed time the gov- 
 ernor may appoint a special chancellor for that purpose. 
 The chancery court has jurisdiction in all causes in which 
 a plain and adequate remedy is not provided in the other 
 judicial tribunals ; in cases founded on a gambling con- 
 sideration, so far as to sustain a bill of discovery and grant 
 relief; in the granting of divorces; and in such other 
 cases as may be j)rovided by law. The salary of a chan-
 
 PRESENT STATE GOVERNMENT OF ALABAMA. 53 
 
 cellor is $2500 a year. The records of the chancery 
 court are kept by an otiicer known as the register in chan- 
 cery, who may make and direct, during the vacation of 
 the court, all orders, decrees, and otlier proceedings which 
 do not affect the merits of causes, but are preparatory to 
 the hearing of the causes upon their merits by the chan- 
 cellor. The register is appointed by the chancellor, and 
 may be removed by him for cause. 
 
 88. The Income of the State. — In order to perform its 
 proper functions of government, the State must be pro- 
 vided with a sufficient revenue, and this must be raised 
 without laying " any imposts or duties on imports or ex- 
 ports." The income of Alabama is derived from taxes 
 levied on all real and personal property in the State, ex- 
 cept that of religious, educational, and charitable institu- 
 tions, as provided by the State constitution, and except 
 certain other property exempted by the General Asseml)ly ; 
 from licenses, tines, and penalties ; from taxes on the gross 
 premium receipts of life, fire and marine insurance compa- 
 nies ; and from various other sources.^ The General As- 
 sembly may levy a poll-tax of one dollar and fifty cents ; 
 but it must be applied exclusively in aid of the public 
 school fund in the county in which it is paid. This tax is 
 collected from all male inhabitants of the State, not ex- 
 empt by law, between the ages of twenty-one and forty- 
 five years. Under the constitution the General Assembly 
 cannot levy in any one year a greater rate of taxation than 
 three-fourths of one per centum on the value of taxable 
 property,^ and no county in the State can levy a greater 
 
 ^ Under tlie liberal laws for the inheritance of property in Alabama, 
 escheat is an unimportant factor in the income of the State; and 
 there is now no State tax upon individual incomes. The constitution 
 provides that all escheats must be applied to the support of the public 
 schools. {Art. XIII. Sect. 3.) 
 
 - The present rate of taxation by the State is five and a half mills on 
 every dollar's worth of property — or lifty-five cents on every hundred 
 dollars' worth.
 
 54 THE CIVIL GOVERNMENT OF ALABAMA. 
 
 rate than one-half of one per centum, except as provided 
 in the constitution.' The governor, the secretary of state, 
 the State auditor, and the State treasurer constitute tlie 
 State Board of Assessment for fixing the taxahle value of 
 the property of railroad and other companies, returns of 
 which are required to be made to the State auditor. No 
 new debt can be incurred by the State, except to repel 
 invasion or to suppress insurrection, and then only by a 
 concurrence of two-thirds of the members of each house 
 of the General Assembly. But the governor is authorized 
 to negotiate temporary loans, never to exceed one hundred 
 thousand dollars, to meet deficiencies in the treasury. 
 
 ' See Art. XL Sects. 1-5.
 
 CHAPTER V. 
 local government in alabama. 
 
 The County. 
 
 89. County Org-anization. — The State of Alabama is 
 divided into sixty-six counties/ each of which is a corpo- 
 ration with power to sue and be sued in any court of 
 record. The supreme court of Alabama has declared ■' 
 that counties are " created by the State as a means of ex- 
 ercising a portion of its political power by local adminis- 
 trations," and that on them the State has conferred " a 
 part of the sovereign authority and duty to ensure do- 
 mestic tranquillity, and promote the general welfare within 
 their territorial limits." The county is an administrative 
 division of the State, on the duly constituted authorities 
 of which are conferred the most important functions of 
 local government — except in so far as county administra- 
 tion is supplemented or superseded by municipal govern- 
 ment within the corporate limits of towns and cities. It 
 is evident from the origin and nature of the county gov- 
 ernment that it must act under the control of the State 
 government and subordinate to its power. 
 
 ' The organization of a territorial government, out of which grew 
 the State government, preceded the organization of counties (see f £3), 
 In Alabama, as in the Southern and Western States generally, the State 
 government was thus the first thing, and the subdivision into counties, 
 precincts, etc., followed. This was the reverse of the jirocess of "State- 
 building" in New England, where independent, self-governing com- 
 munities or towns first existed, and were afterwards grouped into the 
 larger political divisions. 
 
 ^ Chambers County v. Lee County, 55 Ahi. p. 537. 
 
 55
 
 56 THE CIVIL GOVERNMENT OF ALABAMA. 
 
 The General Assembly may, by a two-thirds vote of 
 each house, arrange and designate boundaries for the 
 counties ; but no new county can be formed of less extent 
 than six hundred square miles, and no existing county can 
 be reduced to less than six hundred square miles. Fur- 
 thermore, no new county can be formed which does not 
 contain a sufficient number of inhabitants to entitle it to 
 one representative in the General Assembly under the ratio 
 of representation existing at the time of its formation, nor 
 can the territory of any existing county be cut down so 
 that its pojjulation under the existing ratio will not entitle 
 it to at least one representative.' 
 
 The functions of local administration and government 
 within the counties are performed chiefly by the following 
 officers : judge of probate, sheriff, clerk of the circuit court, 
 commissioners of roads and revenues, tax-assessor, tax-col- 
 lector,' treasurer, superintendent of education, coroner, 
 county surveyors, registrar of voters,'' pension examiners, 
 and members of the county boards of equalization. 
 
 90. The County-seat. — The county officials keep their 
 offices at the county-seat, and, for the most part, in the 
 county court-house. The county-seat is usually a village 
 or town selected on account of its convenience of access 
 from the different parts of the county ; but sometimes a 
 site is selected, on account of its central location, where 
 there is at the time no village or town. When a new 
 county is formed the General Assembly authorizes a vote 
 to be taken in such county upon the location of the county- 
 
 1 See Art. IL Sect. 2. 
 
 ' In a few of the counties the office of tax-collector has been combined 
 with tiiat of sheriff. Special legislation has resulted in other minor 
 variations in the organization of the county authorities. These varia- 
 tions can be pointed out by the teacher in the counties in which they 
 occur. 
 
 * The duty of the registrar in connection with the election machineiy 
 of the State will be noted in the succeeding chapter.
 
 THE COUNTY. hi 
 
 seat, and the General Assembly may, at any time after- 
 wards, authorize a vote to be taken upon a change of 
 location. The county authorities provide for the erection 
 at the county-seat of a court-house, a jail, and sometimes 
 other public buildings. 
 
 91. The Judge of Probate is elected for a term of six 
 years. He has original jurisdiction in all matters relating 
 to the probate of wills and the execution of the same ; to 
 the administration of estates of deceased persons ; to the 
 appointment and removal of guardians of minors and 
 persons of unsound mind ; to the binding out of appren- 
 tices ; to the allotment of dower in lands ; and to the par- 
 tition of lands among joint owners. It is his duty to issue 
 all necessary citations, subpoenas, executions, and other 
 processes necessary for the execution of his powers ; to 
 keep minutes of all his official acts and proceedings ; to 
 file and record deeds and other conveyances ; to issue 
 marriage licenses ; to issue licenses to liquor dealers and 
 other revenue licenses ; and- to perform such other official 
 acts as may be by law required of him. The judge of 
 probate has authority to employ, at his own expense, a 
 clerk who can perform all the duties of the office which 
 are not judicial in their character. The judge of probate 
 also sits as judge of the county court' for the trial of all 
 misdemeanors, that court having concurrent jurisdiction 
 in these cases with the circuit and city courts. The pay 
 of the judge of probate is chiefly from fees for services 
 rendered. 
 
 92. The Sheriff is the chief executive officer of the 
 county. By the constitution ^ he is made a part of the 
 
 ' The circuit-solicitor {see ^ 86) has power to appoint a deputy solici- 
 tor, popularly known as a "county solicitor," to prosecute offences be- 
 fore the county court in the counties where the election orapiiointnient 
 of county or city solicitors has not been provided for by special legis- 
 lation. 
 
 ■'' See Art. V. Sect. 1.
 
 58 THE CIVIL GOVERNMENT OF ALABAMA. 
 
 executive machinery of the State government, and is 
 hence directly under the orders of the governor in enfor- 
 cing the Laws of the State. The sheriff is elected for a 
 term of four years, and he cannot be his own successor.^ 
 It is his duty to execute and return all writs, citations, 
 subpoenas, warrants, executions, and other processes issued 
 by proper authority ; to attend the chancery, circuit, pro- 
 bate, and county courts ; and to obey all lawful orders 
 and directions of such courts. The sheriff has charge of 
 the county jail and the county court-house. His pay is 
 derived chiefly from fees, fixed by law, for services ren- 
 dered. 
 
 93. The Clerk of the Circuit Court is elected for a 
 term of six years. It is his duty to issue all summonses, 
 subpoenas, writs, executions and other processes under 
 authority of the court ; to keep proper and separate 
 dockets of civil and criminal cases ; and to keep and record 
 the minutes of each day's proceedings during the term of 
 the court. His pay is chiefly from fees fixed by law. 
 
 94. The Court of County Commissioners is composed 
 of the judge of probate, as principal judge, and four com- 
 missioners who are elected for terms of four years each". 
 The importance of the functions of this body is so great 
 that it may be said to constitute the county government. 
 The court has power to direct and control the property 
 of the county ; to levy county taxes,* as authorized by 
 law ; to examine and allow all claims against the county; 
 to audit the accounts of all officers having to do with 
 the receipts and disbursements of county money ; and 
 to make rules and regulations for the support of the 
 poor of the county. It is charged with a general superin- 
 
 1 See Art. V. Sect. 26. 
 
 ^ In some of tlie counties the functions of the court of county com- 
 missioners are performed by boards of revenue appointed by the gOT- 
 ernor. 
 
 3 See Art. XL Sect. 5.
 
 THE COUNTY. 59 
 
 tendencc of public roads, bridges, and buildings, and with 
 all other matters affecting the material interests of the 
 county. The probate judge and two commissioners, or 
 three commissioners without the probate judge, constitute 
 a quorum. The records of the court are kept by the judge 
 of probate, who must issue all processes necessary to sus- 
 tain its jurisdiction or maintain its authority. 
 
 95. Jury Commissioners. — The county commissioners 
 or the members of the boards of revenue, not including 
 the judge of probate, constitute — except in those counties 
 otherwise provided for by special legislation — a board of 
 jury commissioners, which is charged with performing all 
 the duties required by law in relation to the selection and 
 drawing of grand and petit jurors for the circuit and city 
 courts. The jurors must be drawn from the male resi- 
 dents of the county over twenty-one and under sixty 
 years of age, not exempt from jury duty, who are house- 
 holders and freeholders, and who, in the opinion of the 
 commissioners, are fit and competent to discharge their 
 duties with honesty, impartiality and intelligence. 
 
 The commissioners, whether sitting as a court or as a 
 board of jury commissioners, are paid two dollars and fifty 
 cents for each day, and mileage at the rate of five cents. 
 
 9G. The Tax Assessor and the County Board of 
 Equalization. — The tax assessor is elected for a term of 
 four years. It is his duty to visit each election precinct 
 at least twice a year, having previously given notice of his 
 appointments as prescribed by law, for the purpose of 
 making a list of taxable property of each taxpayer. A 
 county board of equalization was created by an act of the 
 General Assembly approved February 18, 1895, composed 
 of three members : the tax assessor, a member appointed 
 by the governor for a term of four years, and a member 
 elected by the court of county commissioners for a term 
 of two years. The member appointed by the governor is 
 chairman of the board and the tax assessor is secretary.
 
 60 THE CIVIL GOVERNMENT OF ALABAMA. 
 
 It is the duty of the board to examine each assessment 
 list, and institute inquiry into the correctness of the tax 
 valuations which it contains. The assessor is paid by 
 commissions and fees. The other members of the board 
 are paid three dollars per day each while actually at Avork 
 equalizing taxes — the chairman being paid by the State, 
 and tlie other member by the county. 
 
 97. The Tax Collector is elected for a term of four 
 years, and he is charged with collecting the State and 
 county taxes that are due from taxpayers. He must 
 attend for this purpose, after having given the notice re- 
 quired by law, the voting-place in each election precinct 
 in tlie county twice in each year, and his appointments 
 must be at least thirty days apart. His pay is from com- 
 missions on the amounts collected and from fees. 
 
 98. The County Treasurer is elected for a term of four 
 years. It is his duty to receive and keep the money of 
 the county, and to pay it out on warrants drawn accord- 
 ing to law ; to register all claims against the county ; and 
 to keep a correct account of the receipts and disbursements 
 of all money received and paid out by him for the county. 
 His compensation is a commission, fixed by the commis- 
 sioners' court, on the amount which he has paid out ; but 
 in no case must this commission exceed five per centum, 
 nor must the aggregate amount exceed, in any one year, 
 one thousand dollars. 
 
 99. The Coroner is elected for a term of four years. 
 His principal duty is to hold an inquisition, called the 
 coroner's inquest, over the body of any person who has 
 been killed or who has suddenly died under such circum- 
 stances as afford a reasonable ground for the belief that 
 such death has resulted from the unlawful act of another 
 person. In case of a vacancy in the office of sheriff, or 
 when the sheriff is imprisoned or is a party in interest, the 
 coroner acts as sheriff. The coroner's pay is from fees. 
 
 100. The County Superintendent of Education is
 
 THE COUNTY. 61 
 
 appointed by the State superintendent of education, except 
 in counties where special legislation has provided for his 
 election. The term of office, unless otherwise specially 
 provided, is two years ; but the State superintendent may, 
 at any time, for good cause, remove the county superin- 
 tendent from office. The county superintendent has a 
 general supervision of the public schools and the educa- 
 tional interests of the county. It is his duty to receive 
 and pay out all money raised for the support of the public 
 schools ; and, acting with the teachers appointed by him 
 as an educational board, to examine and license teachers 
 in the public schools. It is his further duty to appoint 
 township trustees for the public schools, except where 
 their election has been specially provided for; and to 
 establish and conduct teachers' institutes. He is required 
 to make, on the first day of November, an annual report 
 upon the public schools in his county to the State super- 
 intendent. Except in counties where it has been increased 
 by special legislation, the salary of the county superin- 
 tendent is seventy-five dollars a year, with a commission 
 of two per centum on all money paid out by him. 
 
 101. County Surveyors. — The court of county com- 
 missioners is authorized to appoint two surveyors for the 
 county, who hold office for the term of three years. It is 
 the duty of each of the surveyors to execute and return all 
 orders of surveys directed to him from any court of record 
 in the State ; and to make surveys of lands or lots in the 
 county, at the request of any person interested, on the 
 payment or tender of his probable fees. The court of 
 county commissioners fixes the rate of compensation of 
 the surveyors. 
 
 102. The County Board of Health. — The county medi- 
 cal society constitutes a board of health for the county. 
 It elects a health officer for the county and fixes his term 
 of office. It is the duty of the board of health to super- 
 vise the administration of the health laws of the State 
 
 F
 
 62 THE CIVIL GOVERNMENT OF ALABAMA. 
 
 within the county ; to examine into all cases of malignant 
 epidemic diseases ; to collect vital statistics ; to take steps 
 for the prevention and abatement of all nuisances ; and to 
 exercise a general superintendence over the sanitary regu- 
 lations of the public institutions situated in the county. 
 The board of censors appointed by the county medical 
 society constitute a board of medical examiners which, in 
 afHliation with the State board of censors, examines and 
 licenses physicians. 
 
 103. County Board of Examiners.— An act of the 
 General Assembly approved February 18, 1895, provided 
 for the appointment by the governor of a board of ex- 
 aminers for each county, to consist of three members, the 
 duty of which board is to inquire into the merits of appli- 
 cations filed by indigent ex-Confederate soldiers and sailors, 
 or their widows, for aid from the State. After the examin- 
 ation of each application, the board endorses it as approved 
 or disapproved. The probate judge transmits to the State 
 auditor such applications as are approved, and those which 
 are disapproved are filed in the probate judge's office for 
 future reference. 
 
 The Precinct. 
 
 104. The Precinct. — The election precinct,^ which is 
 the most important subdivision of the county, is estab- 
 lished or changed by the court of county commissioners 
 as the convenience of voters may require ; but no change 
 can be made within sixty days before an election, nor 
 without three months' public notice. The number and 
 boundaries of precincts and the place or places of hold- 
 ing elections must be known and designated as entered on 
 the records of the court of county commissioners, 
 
 ^ In Alabama and Mississippi the term " beat " is popularly used to in- 
 dicate a precinct (see Century Dictionary). In some of the later acts of 
 the General Assembly of Alabama the two terms are used interchange- 
 ably.
 
 THE TOWNSHIP. 63 
 
 105. The Justice of the Peace. — Two justices of the 
 peace are elected by the voters of each precinct to hold 
 office for a term of four years. Each justice of the peace 
 presides in a court of his own and has jurisdiction in all 
 actions founded on contract where the sum claimed does 
 not exceed one hundred dollars ; in all actions of forcible 
 entry and unlawful detainer ; and in all actions founded 
 on any wrong or injury done where the damages claimed 
 do not exceed fifty dollars, except in actions for slander 
 and some others. Justices of the peace also have criminal 
 jurisdiction in certain minor misdemeanors, and they sit 
 as magistrates in the preliminary trial of higher offences 
 to determine whether the accused persons shall be bound 
 over to await the action of the higher courts. 
 
 106. The Notary Public. — The governor has power to 
 appoint one notary public with the same jurisdiction as 
 the justices of the peace in each election precinct in the 
 county and one for each ward in cities of over five thou- 
 sand inhabitants. He may also appoint notaries whose 
 powers are strictly notarial — such as taking acknowledg- 
 ments of deeds, mortgages, and other instruments. 
 
 107. The Constable. — There is also elected for a term 
 of four years by the voters of each precinct a constable, 
 who is the executive officer of the justices' courts, hold- 
 ing very much the same relations to these courts that the 
 sheriffs hold to the higher courts. 
 
 The Township. 
 
 108. The Township.— In Alabama, the township, which 
 is a tract of land six miles square, is organized only for 
 school purposes,^ and the inhabitants of each township 
 
 1 The political unit known as the " township " in the Middle and West- 
 ern States and the " town " in the New England States, does not exist 
 in Alabama. Here, as in other Southern States, the county is the unit 
 of political organization and performs most of the functions of local 
 government which in the North and West are performed, in a greater 
 or less degree, by the " townships " or " towns."
 
 64 THE CIVIL GOVERNMENT OF ALABAMA. 
 
 are incorporated therefor according to the numbers of the 
 hind surveys of the United States. Three school trustees 
 are appointed by the county sujjerintendent of education 
 for each township, except where their election has been 
 provided for by special legislation. The township trus- 
 tees have power to establish schools and to contract with 
 teachers. It is their duty, in consultation witli the parents 
 and guardians of the school children of the township, at a 
 meeting held on the last Monday of October, to determine 
 the number and location of schools for the township, the 
 time of opening and the length of session. They have 
 charge of the renting, leasing, and selling of any school 
 lands in the township. Their only compensation is ex- 
 emption from road and jury duty and from the payment 
 of a poll-tax. 
 
 Municipal Government. 
 109. The Town. — There are only two grades of mu- 
 nicipal governments organized under the laws of Alabama 
 — the town and the city. The inhabitants of a village,' 
 the population of which is not less than one hundred nor 
 more than three thousand, may become a body corporate 
 upon a petition in writing, addressed to the probate judge 
 of the county in which they reside. The petition must 
 be signed by twenty or more adult male inhabitants and 
 it must set forth the name by which it is proposed to in- 
 corporate the town and the territorial limits of the pro- 
 posed cor2:)oration. The boundaries of the town cannot 
 be fixed until a majority of the owners of the real estate 
 situated within such boundaries have expressed their as- 
 sent.* 
 
 ' The term village is generally applied in Alabama to any small 
 assemblage of houses which has not been incorporated. The term 
 hamlet is rarely used here in this sense. 
 
 '^ Frequently towns, instead of being incorporated under the general 
 laws of the State by the process here indicated, obtain special charters
 
 MUNICIPAL GOVERNMENT. 65 
 
 110. Town Officers, and the Functions of Town 
 Government. — The business of the town corporation is 
 managed by an iiitendant and five councillors, styled the 
 corporate authorities, who are elected for one year. The 
 corporate authorities have power to pass such by-laws and 
 ordinances as may be necessary and are not contrary to 
 law ; to prevent and remove nuisances ; to license and tax 
 various employments and businesses ; to restrain and pro- 
 hibit gaming, disorderly conduct, and breaches of the 
 peace ; to establish and regulate markets and town prisons ; 
 to appoint a marshal, treasurer, clerk, and other necessary 
 officers ; to purchase, hold, and dispose of property ; and 
 to exercise such other powers as are conferred on them by 
 law. The intendant has the powers and jurisdiction of a 
 justice of the peace in all matters, civil and criminal, aris- 
 ing within the corporate limits of the town. The marshal 
 has authority, within the corporate limits, to execute the 
 lawful ordinances of the corporate authorities; and he 
 must, without warrant, arrest all persons breaking the 
 peace or violating any ordinance. — ^ 
 
 111. The City, — In Alabama no dividing line based 
 upon population has been fixed between the town and 
 the city ; nor have cities been classed into grades upon a 
 basis of population or otherwise. Usually a town does 
 not apply for a city charter until its population has reached 
 two or three thousand. Not unfrequently, however, charters 
 are obtained for prospective cities that never go through 
 the town stage of municipal development. The city is a 
 corporation created by a special act of the General Assem- 
 bly known as a charter. The charter names the city, enu- 
 merates its powers and privileges, creates the more import- 
 ant city offices, and provides for the election or appointr 
 
 from the General Assembly. In such cases the organization and the 
 powers of the town government are determined by the special act 
 creating the municipality. 
 5
 
 66 THE CIVIL GOVERNMENT OF ALABAMA. 
 
 ment of city officials.' The charter may be amended from 
 time to time, by an act of the General Assembly. 
 
 112. Functions of City Government. — It is the busi- 
 ness of the city government to provide an adequate police 
 force for the protection of life and property ; to maintain 
 charitaV)le and educational institutions ; to keep up streets 
 and public parks ; to maintain or to regulate water-works, 
 gas-works, electric lights, etc. ; to provide protection from, 
 fire ; and to perform such other duties for the well-being 
 of its inhabitants as its charter may require or permit. 
 
 113. The Council, or Board of Aldermen. — All the 
 laws or ordinances necessary for the local government of 
 the city are made by a representative body usually known 
 as a board of aldermen or council, the members of which 
 are elected from the different wards into which the city is 
 divided. The board usually exercises all the powers con- 
 ferred by statute upon the corporate authorities of the 
 town, and such other powers as may be specially con- 
 ferred upon it by the city charter. 
 
 114. The Mayor is the chief executive officer of the 
 city, and is responsible for its good order and efficient 
 government. His term of office and the special duties 
 incumbent upon him are determined by the charter of 
 the city. The various executive offices of the city, in- 
 cluding the police force, are, in most cases, directly under 
 his control and supervision. He usually presides over the 
 meetings of the council. He holds, in most of the smaller 
 cities, a court known as the mayor's court, Avhich has con- 
 current jurisdiction with the county courts in the trial of 
 misdemeanors as well as jurisdiction of offences against 
 the city ordinances. 
 
 ^ The city governments of Alabama differ so much in matters of de- 
 tail that no one can be taken as a perfect type of all. City teachers 
 should require pupils to study the government of their own city in the 
 class-rooms. Copies of city charters for this purpose can usually be 
 obtained from the city officials.
 
 MUNICIPAL GOVERNMENT. 67 
 
 115. The City Clerk. — In some of the cities the clerk 
 is appointed by the council and in others he is elected by 
 the voters. It is his duty to attend the meetings of the 
 council, to keep the minutes of its proceedings, and to 
 publish the ordinances adopted. He has charge of all 
 the books, records, and pai:)ers of the city. In some of 
 the cities his duties are merged with those of other 
 officers — such as tax-assessor, or tax-collector. 
 
 116. The City Attorney. — Usually the council elects a 
 city attorney, who is the legal adviser of the city authori- 
 ties and represents the city in all cases in which it is a 
 party at interest. 
 
 117. The Marshal is the chief of police in the smaller 
 cities. It is his duty to arrest all violators of the law ; to 
 serve all papers issued by the mayor ; and to attend the 
 mayor's court. His duties and powers are similar to those 
 of the sheriff and constable. 
 
 118. Municipal Revenues. — The income necessary to 
 carry on the government of towns and cities is raised 
 chiefly by taxing and licensing various employments and 
 by taxing the real and personal property situated within 
 the corporate limits. Very wide liberty is given the mu- 
 nicipal authorities in the matter of taxing and licensing 
 employments and businesses ; but the constitution of the 
 State limits the rate of municipal taxation upon property 
 to one-half of one per centum upon its valuation, except 
 as provided in the constitution.' An act of the General 
 Assembly approved February 18, 1895, provided for the ap- 
 pointment by the mayor and council of every municipal- 
 ity in the State having one thousand or more inhabitants, 
 of two appraisers of property situated or taxable within 
 the corporate limits of such municipality. It is their duty 
 to appraise the property, listed for taxation by the county 
 tax-assessor, within such municipality. The appraisers 
 
 1 See Art. XL Sect. 7.
 
 68 THE CIVIL GOVERNMENT OF ALABA3IA. 
 
 are paid two dollars and a half a day while engaged, pro- 
 vided that they shall not be employed more than twenty 
 days in municipalities of less than five thousand inhabit- 
 ants nor more than thirty days in those having over five 
 thousand inhabitants.
 
 CHAPTER VI. 
 
 HOW OFFICERS ARE CHOSEN BY THE ELECTORS. 
 
 119. Political Parties. — Among the most efficient fac- 
 tors in the government of the people in a free country are 
 the organizations known as political parties. When any 
 measure of absorbing public interest arises which must be 
 decided upon by the voters, it is perfectly natural that 
 those favoring the measure should unite into one organiz- 
 ation and those opposing it into another. It was such a 
 division that marked the beginning of political parties 
 under the present government of the United States. 
 
 120. The Origin of Parties in the United States. — 
 When the Constitution framed at Philadelphia in 1787' 
 was submitted to the people of the States for ratification, 
 those who favored its adoption were called " Federalists," 
 and those who opposed its adoption were called " Anti- 
 Federalists." This was the first real division of the i)co- 
 ple of the United States into political parties. Of course 
 there had been divisions among the people on political 
 subjects before' that time; but the issues presented had 
 not been broad or general enough to divide all the people 
 of the whole country into two opposing organizations. 
 
 121. Underlying- Principles in American Politics. — 
 After the adoption of the Constitution, those who had 
 favored its adoption were generally advocates of a strong 
 central government — that is, they wished to give to the 
 government of the United States as much power as could 
 be drawn from a loose or liberal construction of the Con- 
 
 • See 1[ 61. 
 
 69
 
 70 THE CIVIL GOVERNMENT OF ALABAMA. 
 
 stitution. On the other hand, those who had opposed its 
 adoption became advocates of a strict construction of the 
 Constitution, so as to limit the power of the Federal gov- 
 ernment, and to maintain, as far as possible under that 
 instrument, the power of the individual States. In spite 
 of the fact that a nnm])er of political parties and factions 
 have arisen in this country, based upon temporary or local 
 issues, the main line of division here indicated, although 
 at times somewhat obscured, can be traced through the 
 whole course of our political history since the adoption 
 of the Constitution.' 
 
 122. Advantages of Political Organization. — It is 
 through political organization that electors can make their 
 cond)ined intiuence and votes effective in the choice of 
 officers and in the determination of governmental poli- 
 cies. In all political parties minor individual differences 
 of opinion are held in abeyance, so that those who agree 
 upon the most important issues before the people can 
 work and vote together. The individual elector acting 
 and voting without reference to others can never make his 
 influence felt in public afiairs. A thousand men with in- 
 dividual blows from walking-sticks could not batter down 
 a door which would fall in an instant before a great beam 
 hurled against it by the combined strength of twenty men. 
 Again, the division of the people into political parties works 
 in the interest of honest government. The party in charge 
 of municipal, county, State, or national government is 
 closely watched by the party or parties out of power. 
 This jealous watching of public officials in the discharge 
 of their duties tends to make a careful administration of 
 public affairs, and insures the exposure of corrupt political 
 practices. Then, again, the working of the machinery of 
 
 ' "While political parties usually grow out of differences among the 
 people on questions of national interest, [larty contests also divide the 
 people in State, county, and rauniciiial elections. This results from the 
 close connection, at many points, between local and national interests.
 
 HOW OFFICERS ARE CHOSEN BY THE ELECTORS 71 
 
 political parties greatly facilitates the election of officers, 
 as will appear in the succeeding paragraphs. 
 
 123. How Parties are Organized. — The interests of 
 the different ])olitical parties are managed by committees, 
 at the head of each of which stands a chairman as chief 
 executive officer. In a perfectly organized political party 
 there would be a committee for each voting precinct in the 
 county and for each ward in the town or city ; but such 
 thorough organization is rarely attained by any party. 
 The interests of each party in the State are cared for by a 
 State executive committee, and at the head of each party 
 organization in the country stands the national executive 
 committee. The power of the more important committees 
 over the subordinate ones differs in the different parties 
 and in different localities, according to customs or prece- 
 dents, more or less established, popularly known as "party 
 law." 
 
 124. The Selection of Candidates. — The first step to- 
 wards the selection of candidates for all elective offices is 
 taken by the electors of the different parties in their pre- 
 cinct or ward meetings, usually called " primaries." In 
 these meetings the recognized members only of the party 
 holding the meetings can participate. Sometimes in the 
 primaries the electors vote directly for the candidates of 
 their choice — and this is always the case where precinct 
 or ward officers are to be chosen — but generally these 
 meetings elect delegates to represent the precinct or ward 
 in the county or city convention of the party. The dele- 
 gates meet at the time appointed by the county or city 
 executive committee, organize a convention, and proceed 
 to nominate candidates for offices. If State officers are 
 also to be nominated, the county convention sends dele- 
 gates to the State convention ; and when candidates for 
 president and vice-president are to be nominated, the State 
 convention sends delegates to the national convention of 
 the party. County conventions also send delegates to the
 
 72 THE CIVIL GOVERNMENT OF ALABAMA. 
 
 conventions of the State senatorial districts, where the dis- 
 trict is composed of more than one county, and to the con- 
 ventions of the congressional districts, the judicial circuits 
 and the chancery divisions. The representation to which 
 precincts are entitled in the county conventions ; counties 
 in the State, congressional, and judicial conventions ; and 
 States in tlie national conventions, is based, either directly 
 or indirectly, upon the population of each of these poli- 
 tical divisions as given by the last preceding census. 
 
 125. The People Rule.— It will thus be seen that al- 
 though a national convention, composed of a few hun- 
 dred delegates, nominates candidates for President and 
 Vice-President and puts forth the party's declaration of 
 principles and policies, usually called a " platform," those 
 delegates are acting only as the rei^resenlatives of the 
 electors who held the precinct primaries. If the delegates 
 are faithful representatives, they only voice the sentiments 
 and convictions of the majority of the electors who set in 
 motion the political machinery at the precinct primary. 
 Thus the peoi)le rule. With the individual electors of 
 the different political parties rests, therefore, the responsi- 
 bility of sending as their delegates to the various political 
 conventions men who are honest and capable — men who 
 will, in turn, delegate their delegated powers to capable 
 and honest men. Good government rests, in a last an- 
 alysis, upon the foundation of the watchfulness, the hon- 
 esty, and the intelligence of the people. 
 
 126. Elections. — The choice of public officers begins, 
 as has just been explained, with the nomination of candi- 
 dates by the opposing political parties.' The next step is 
 the election. Elections in Alabama are now lield under 
 what is popularly called the " Sayre election law " — a modi- 
 
 ' Sometimes there are " independent " movements outside of the usual 
 political organizations ; but sncli movements are generally local and 
 temporary, rarely extending beyond city or county politics.
 
 HOW OFFICERS ARE CHOSEN BY THE ELECTORS. 73 
 
 fication of what is known as the Australian ballot system — 
 which was approved Feljruary 21, 1893, and which was 
 amended by an act of the General Assembly, ajiproved 
 February 18, 1895. Elections for State and county officers 
 are held on the first Monday of August of the even years. 
 Members of Congress and presidential electors are elected 
 on the first Tuesday after the first Monday in November. 
 Municipal officers are chosen at such times as are provided 
 by the charters of each of the municipalities. 
 
 127. Registrars, — The governor appoints in each county 
 a registrar of voters who holds office for four years. The 
 registrar must appoint an assistant registrar for each pre- 
 cinct or ward, whose duty it is to make, under his super- 
 vision, a registration of the qualified electors ' residing in 
 such precincts or wards. The registration begins on the 
 first Monday in May and continues for eighteen days, 
 Sundays excepted ; but in cities of ten thousand inhab- 
 itants or more, thirty days are allowed for registration. 
 The assistant registrars must also be present at the polls 
 on election day to register such persons as may have 
 reached the age of twenty-one years since the last regis- 
 tration, and such other persons as are provided for in the 
 law as amended. 
 
 128. Making the Ticket, — The judge of probate in 
 each county is charged with having the ballots properly 
 prepared, printed, and distributed to the voting-places in 
 the different precincts or wards. It is his duty to have 
 printed upon the ballot the names of all candidates for 
 the different offices that have been nominated by any 
 political party or faction, and whose nomination has been 
 properly certified to him by the officers of the nominating 
 convention, mass meeting, or caucus. The judge of pro- 
 bate must also cause to be printed on the ticket the name 
 of any qualified elector who has been regularly petitioned 
 
 1 See f 60. 
 Q
 
 74 THE CIVIL GOVERNMENT OF ALABAMA. 
 
 in writing to become a candidate for any county or mu- 
 nicipal office by not less than twenty-five voters. In the 
 case of a candidate for a State or Federal office, who has 
 not been regularly nominated by some party or faction, 
 he must be petitioned in writing by not less than five 
 hundred electors in order to have his name placed on the 
 ticket. Where the candidates are to be voted for by the 
 electors of the whole State, or of an entire congressional 
 district, judicial circuit, or chancery division, the certifi- 
 cate of nomination must be filed, within the prescribed 
 time, with the secretary of state, who must immediately 
 certify the same to the probate judges of the different 
 counties. The names of the candidates for the same 
 office must be printed alphabetically under the title of 
 such office. 
 
 129. Election OflQcers. — The judge of probate, the 
 sheriff, and the clerk of the circuit court, or any two of 
 them, must appoint, at least thirty days before the hold- 
 ing of any election in their count}'', three inspectors for 
 each place of voting, two of whom must be members of 
 opposing political parties. They must also appoint one 
 " returning officer " for each precinct. Notice to these 
 officials and notice to the public of the approaching elec- 
 tion must be given by the sheriff as provided by law. On 
 opening the polls the inspectors must appoint two " mark- 
 ers," one from each of the opposing political parties, whose 
 duty it is to assist illiterate or physically disabled electors 
 in preparing their ballots. The markers and the clerks of 
 election must be appointed by the inspectors from lists of 
 persons not less than six nor more than ten in any one 
 beat, who may be suggested by the authorities of the 
 opposing political parties. 
 
 130. Casting the Ballot. — It is the duty of the sheriff 
 to provide at each voting-place a number of booths or com- 
 partments fixed with conveniences for marking the ballots. 
 On entering the room where the election is being held, the
 
 HOW OFFICERS ARE CHOSEN BY" THE ELECTORS. 75 
 
 elector receives from one of the inspectors a ballot, retires 
 to one of the booths, and there prepares the ballot, with 
 or without the assistance of a marker, by placing a cross 
 mark (X) before the name of the candidate of his choice 
 for each office to be filled. When the ballot of the elector 
 is thus prepared, he must fold it so as to conceal its face, 
 and hand it to the receiving inspector, by whom it is de- 
 posited in tlie ballot-box. 
 
 131. Counting the Vote. — The voting-places in each 
 precinct or ward must be opened between eight and nine 
 o'clock in the morning and kept open, without intermis- 
 sion or adjournment, until the hour of five in the after- 
 noon, and no longer. As soon as the polls are closed, it is 
 the duty of the inspectors to count the vote. When the 
 ballots are counted, the inspectors must make a statement 
 in writing of the number of votes received for each person 
 and for what office. They must also certify to a list of 
 voters, called a poll list, who have voted in the election, 
 and the statement of the votes and the poll list, with a list 
 of the registered voters in the ward or precinct, must be 
 sealed up in a box addressed to the sheriff' of the county 
 and placed in the hands of the returning officer of tlie 
 precinct. After the ballots have been counted and a state- 
 ment of votes made, the inspectors must roll up the ballots 
 and label them, and seal them up in a box with a dui)li- 
 cate poll list, and this sealed box must be kept by one of 
 the inspectors for sixty days. At the end of that time, if 
 no contest of the election has been instituted, the ballots 
 must be destroyed. 
 
 132. Declaration of the Result. — On the Saturday 
 next following the election, at the hour of twelve, meri- 
 dian, the sheriff*, who is the returning officer for the county, 
 the judge of probate, and the clerk of the circuit court, act- 
 ing as a board of supervisors, meet at the court-house, and, 
 in the presence of such persons as choose to attend, make 
 a correct statement from the returns of the votes of the sev-
 
 76 THE CIVIL GOVERNMENT OF ALABAMA. 
 
 eral precincts of the county, of the whole number of votes 
 given therein for each officer, and the persons to whom 
 such votes were given. Within ten days after ascertain- 
 ing the result of an election of county officers, the board 
 of supervisors must make a public declaration of the 
 same as provided by law. As soon as the board of super- 
 visors has ascertained the result of an election, they must 
 certify the same to the secretary of state, except as to the 
 election for governor, secretary of state, auditor, treasurer, 
 superintendent of education, and attorney-general, which 
 must be forwarded by the judge of probate to the governor 
 for the speaker of the House of Representatives at least 
 ten days before the time for the next meeting of the Gen- 
 eral Assembly. All returns required by law to be sent to 
 the secretary of state must be opened and counted within 
 fifteen days after the election in the presence of the gov- 
 ernor, secretary of state, and attorney-general. The gov- 
 ernor must give notice by proclamation of the election of 
 such officers as are not required by law to be publicly de- 
 clared by the county board of supervisors. 
 
 133. The OflBcer-elect. — When the election of an of- 
 ficer has been declared as provided by law he is only an 
 officer-elect. If the term of his predecessor has not ex- 
 pired, he must wait for such expiration. Where a bond 
 is required, as is the case with most public officials, he 
 must have it approved by such officer as is authorized by 
 law to approve it, before a commission can be issued to 
 him. As a final step, before entering on the discharge of 
 his duties he must take the prescribed oath of office.' 
 
 134. Election Contests. — The judge of probate has 
 original jurisdiction in the trial of all election contests for 
 precinct offices and for all offices filled by the vote of a 
 single county, except those of representatives and senators 
 in the General Assembly. Such contests must be begun 
 
 iSee^l?-/. XV. Seel. 1.
 
 HOW OFFICERS ARE CHOSEN BY THE ELECTORS. 77 
 
 within fit'ieen days after a declaration of the results of the 
 election. The person whose election is thus contested is 
 entitled to a trial by jury, the issue to be made up under 
 the direction of the court and a jury summoned as in 
 other cases in the probate court. The circuit judge has 
 jurisdiction of the trial of contests of election of probate 
 judges, while the chancellor of the division in which the 
 election was held has jurisdiction in the contest of the 
 election of any circuit judge. In contests before a pro- 
 bate judge an appeal lies to the circuit court, and cases 
 before the circuit judge or chancellor may be appealed to 
 the supreme court. 
 
 Each house of the General Assembly is a judge of the 
 qualification of its own members,^ and hence contests for 
 seats in the House of Representatives and in the Senate 
 must be tried before those bodies. 
 
 An act of the General Assembly approved February 16, 
 1895, provided for the trial of election contests for gov- 
 ernor, secretary of state. State auditor. State treasurer, and 
 attorney-general by the two houses of the General Assem- 
 bly sitting as a tribunal in joint convention presided over 
 by the speaker of the House of Representatives. The 
 contest may be inaugurated by any qualified elector on 
 any of the following grounds : 1. Malconduct, fraud, or 
 corruption on the part of any inspector, clerk, returning 
 officer, member of board of supervisors, or marker. 2. 
 When the person declared to be elected to office was not 
 eligible thereto at the time of such election ; 3. On ac- 
 count of illegal votes ; 4. On account of the rejection of 
 legal votes ; and 5. On account of bribery, intimidation, 
 or other malconduct which prevented a fair, free, and full 
 exercise of the elective franchise. The contestant must 
 give bond in the sum of S5000 to cover the costs of the 
 contest in case it results in favor of the contestee. When 
 
 1 See Art. IV. Sect. S.
 
 78 THE CIVIL GOVERNMENT OF ALABAMA. 
 
 a contest is instituted the joint convention appoints a com- 
 mission of three senators and five representatives to take 
 testimony in the matter. The commission must examine 
 the evidence and report its conclusions to the joint conven- 
 tion ; and all testimony taken by it must be returned to 
 the speaker of the House. A majority of the joint con- 
 vention constitutes a quorum to try all issues involved in 
 the contest.
 
 CONSTITUTION 
 
 OF THE 
 
 STATE OF ALABAMA, 
 
 1875.' 
 
 -«-oJ<Xoo- 
 
 PREAMBLE. 
 
 We, the people of the State of Alabama, in order to establish 
 justice, insure domestic tranquillity, provide for the common 
 defense, promote the general welfare, and secure to ourselves and 
 to our posterity life, liberty, and property, profoundly grateful to 
 Almighty God for this inestimable right, and invoking His favor 
 and guidance, do ordain and establish the following Constitution 
 and form of government for the State of Alabama. 
 
 ARTICLE I. 
 
 DKCLAKATION OF RIGHTS. 
 
 That the great, general and essential principles of liberty and 
 free government may be recognized and established, we declare, — 
 
 Section 1. That all men are equally free and independent ; 
 that they are endowed by their Creator with certain inalienable 
 rights ; that among these are life, liberty, and the pursuit of 
 hapjiiness. 
 
 Sec. 2. That all persons resident in this State, born in the 
 United States, or naturalized, or who shall have legally declared 
 their intention to become citizens of the United States, are hereby 
 declared citizens of the State of Alabama, possessing equal civil 
 and political rights. 
 
 1 Became operative December 6th, 1875. 
 
 79
 
 80 CONSTITUTION OF ALABAMA. 
 
 Sec. 3. That all political power is inherent in the people, and 
 all free governments are founded on their authority, and instituted 
 for their benefit, and that, therefore, they have at all times an in- 
 alienable and indefeasible right to change their form of govern- 
 ment, in such manner as they may deem expedient. 
 
 Sec. 4. That no religion shall be established by law ; that no 
 preference shall be given by law to any religious sect, society, 
 denomination, or mode of worship ; that no one shall be compelled 
 by law to attend any place of worship, nor to pay any tithes, 
 taxes, or other rate, for building or repairing any place of wor- 
 ship, or for maintainiog any minister or ministry ; that no re- 
 ligious test shall be required as a qualification to any office or 
 public trust, under this State ; and that the civil rights, privileges, 
 and capacities of any citizen shall not be in any manner aff'ected 
 by his religious principles. 
 
 Sec. 5. That any citizen may speak, write, and publish his 
 sentiments on all subjects, being responsible for the abuse of that 
 liberty. 
 
 Sec. 6. That the people shall be secure in their persons, 
 bouses, papers, and possessions, from unreasonable seizures or 
 searches ; and that no warrant shall issue to search any place, or 
 to seize any person or thing, without probable cause, supported by 
 oath or affirmation. 
 
 Sec. 7. That in all criminal prosecutions the accused has a 
 right to be heard by himself and counsel, or either ; to demand 
 the nature and cause of the accusation ; to have a copy thereof; 
 to be confronted by the witnesses against him ; to have compul- 
 sory process for obtaining witnesses in his favor ; and in all pros- 
 ecutions by indictment, a speedy public trial, by an impartial 
 jury of the county or district in which the offense was committed ; 
 and that he shall not be compelled to give evidence against him- 
 self, nor be deprived of his life, liberty, or property but by due 
 process of law. 
 
 Sec. 8. That no person shall be accused, or arrested, or de- 
 tained, except in cases ascertained by law, and according to the 
 forms which the same has prescribed; and no person shall be 
 punished but by virtue of a law established and promulgated prior 
 to the offense, and legally applied. 
 
 Sec. 9. That no person shall, for any indictable offense, be 
 proceeded against criminally, by information ; except in cases
 
 CONSTITUTION OF ALABAMA. 81 
 
 arising in the militia and volunteer forces when in actual service, 
 or, by leave of the court, for misfeasance, misdemeanor, extortion 
 and oppression in office, otherwise than is provided in this Con- 
 stitution ; Provided, That in cases of petit larceny, assault, assault 
 and battery, affray, unlawful assemblies, vagrancy, and other mis- 
 demeanors, the general assembly may, by law, dispense with a 
 grand jury, and authorize such prosecutio-ns and proceedings 
 before justices of the peace, or such other inferior courts as may 
 be by law established. 
 
 Sec. 10. That no person shall, for the same offense, be twice 
 put in jeopardy of lite or limb. 
 
 Sec. 11. That no person shall be debarred from prosecuting or 
 defending, before any tribunal in this State, by himself or counsel, 
 any civil cause to which he is a party. 
 
 Sec. 12. That the right of trial by jury shall remain inviolate. 
 
 Sec. 13. That in prosecutions for the publication of j^apers 
 investigating the official conduct of officers or men in public 
 capacity, or when the matter jiublished is proper for public infor- 
 mation, the truth thereof may be given in evidence; and that in 
 all indictments for libel, the jury shall have the right to deter- 
 mine the law and the facts, under the direction of the court. 
 
 Sec. 14. That all courts shall be open ; and that every person, 
 for any injury done him, in his lands, goods, person, or reputation, 
 shall have a remedy by due process of law ; and right and justice 
 shall be administered without sale, denial, or delay. 
 
 Sec. 15. That the State of Alabama shall never be made 
 defendant in any court of law or equity. 
 
 Sec. 16. That excessive fines shall not be imposed, nor cruel or 
 unusual punishments inflicted. 
 
 Sec. 17. That all persons shall, before conviction, be bailable 
 by sufficient sureties, except for capital offenses, when the proof is 
 evident, or the presumption great ; and that excessive bail shall 
 not, in any case, be required. 
 
 Sec. 18. That the privilege of the writ of habeas corpus shall 
 not be suspended by the authorities of this State. 
 
 Sec. 19. That treason against the State shall consist only in 
 levying war against it, or adhering to its enemies, giving them 
 aid and comfort; and that no person shall be convicted of treason, 
 except on the testimony of two witnesses to the same overt act, or 
 his own confession in open court. 
 6
 
 82 CONSTITUTION OF ALABAMA. 
 
 Sec. 20. That no person shall be attainted of treason by the 
 general assembly ; and that no conviction shall work corruption 
 of blood, or forfeiture of estate. 
 
 Sec. 21. That no person shall be imprisoned for debt. 
 
 Sec. 22. That no power of suspending laws shall be exercised, 
 except by the general assembly. 
 
 Sec. 23. That no ex post facto law, or any law impairing the 
 obligation of contracts, or making any irrevocable grants a special 
 privileges or immunities, shall be passed by the general assembly. 
 
 Sec. 24. That the exercise of the right of eminent domain 
 shall never be abridged, nor so construed as to prevent the general 
 assembly from taking the property and franchises of incorporated 
 companies, and subjecting them to public use the same as indi- 
 viduals. But private property shall not be taken or applied for 
 public use, unless just compensation be first made therefor ; nor 
 shall private property be taken for private use, or for the use of 
 corporations, other than municipal, without the consent of the 
 owner ; Provided, hotvever, That the general assembly may, by law, 
 secure to persons or corporations the right of way over the lands 
 of other persons or corporations, and by general laws provide for 
 and regulate the exercise by persons and corporations of the rights 
 herein reserved; but just compensation shall, in all cases, be first 
 made to the owner ; And provided, That the right of eminent 
 domain shall not be so construed as to allow taxation or forced 
 subscriptions for the benefit of railroads or any other kind of cor- 
 porations other than municipal, or for the benefit of any individual 
 or association. 
 
 Sec. 25. That all navigable waters shall remain forever public 
 highways, free to the citizens of the State, and of the United 
 States, without tax, impost, or toll ; and that no tax, toll, impost, 
 or wharfage shall be demanded or received from the owner of any 
 merchandise or commodity, for the use of the shores, or any wharf 
 erected on the shores, or in or over the waters of any navigable 
 stream, unless the same be expressly authorized by law. 
 
 Sec. 26. That the citizens have a right, in a peaceable manner, 
 to assemble together for the common good, and to apply to those 
 invested with the power of government for redress of grievances, 
 or other purposes, by petition, address, or remonstrance. 
 
 Sec. 27. That every citizen has a right to bear arms in defense 
 of himself and the State.
 
 CONSTITUTION OF ALABAMA. 83 
 
 Sec. 28. That no standing army shall be kept u]) without the 
 consent of the general assembly ; and, in that case, no aj)pro- 
 priation for its support shall be made for a longer term than one 
 year; and the military shall, in all cases, and at all times, be in 
 strict subordination to the civil power. 
 
 Sec. 29. That no soldier shall, in time of peace, be quartered 
 in any house, without the consent of the owner; nor in time of 
 war, but in a manner to be ^jrescribed by law. 
 
 Sec. 30. That no title of nobility, or hereditary distinction, 
 privilege, honor, or emolument, sliall ever be granted or conferred 
 in this State ; and that no office shall be created, the appointment 
 to which shall be for a longer time than during good behavior. 
 
 Sec. 31. That immigration shall be encouraged ; emigration 
 shall not be i)rohibited ; and that no citizen shall be exiled. 
 
 Sec. 32. That temporary absence from the State shall not cause 
 a forfeiture of residence once obtained. 
 
 Sec. 33. That no form of slavery shall exist in this State; and 
 there shall be no involuntary servitude, otherwise than for the 
 punishment of crime, of which the party shall have been duly 
 convicted. 
 
 Sec. 34. The right of suffrage shall be protected by laws regu- 
 lating elections, and prohibiting, under adequate penalties, all un- 
 due influences from power, bribery, tumult, or other improper 
 conduct. 
 
 Sec. 35. The people of this State accept as final the established 
 fact, that from the Federal Union there can be no secession of any 
 State. 
 
 Sec. 36. Foreigners who are, or may hereafter become, bona 
 fide residents of this State shall enjoy the same rights in respect 
 to the possession, enjoyment, and inheritance of property, as 
 native-born citizens. 
 
 Sec. 37. That the sole object and only legitimate end of 
 government is to protect the citizen in the enjoyment of life, 
 liberty and property ; and when the government assumes other 
 functions it is usurpation and oppression. 
 
 Sec. 38. No educational or property qualification for suffrage 
 or office, nor any restraint upon the same on account of race, 
 color, or previous condition of servitude shall be made by law. 
 
 Sec. 39. That this enumeration of certain rights shall not im- 
 pair or deny others retained by the people.
 
 84 CONSTITUTION OF ALABAMA. 
 
 AETICLE II. 
 
 STATE AND COUNTY BOUNDARIES. 
 
 Section 1. The boundaries of this State are established and 
 declared to be as follows, that is to say : Beginning at the point 
 where the thirty-first degree of north latitude crosses the Perdido 
 river ; thence east, to the western boundary line of the State of 
 Georgia ; thence along said line to the southern boundary line of 
 the State of Tennessee ; thence west, along the southern boundary 
 line of the State of Tennessee, crossing the Tennessee river, and 
 on to the second intersection of said river by said line ; thence up 
 said river to the mouth of Big Bear creek ; thence by a direct line 
 to the northwest corner of Washington county, in this State, as 
 originally formed ; thence southerly along the line of the State of 
 Mississippi to the Gulf of Mexico ; thence eastwardly, including 
 all islands within six leagues of the shore, to the Perdido river ; 
 thence up the said river to the beginning. 
 
 Sec. 2. The boundaries of the several counties of this State, as 
 heretofore established by law, are hereby ratified and confirmed. 
 The general assembly may, by a vote of two-thirds of both houses 
 thereof, arrange and designate boundaries for the several counties 
 of this State, which boundaries shall not be altered, except by a 
 like vote ; but no new counties shall be hereafter formed of less 
 extent than six hundred square miles; and no existing county 
 shall be reduced to less extent than six hundred square miles; 
 and no new county shall be formed which does not contain a 
 sufficient number of inhabitants to entitle it to one representative, 
 under the ratio of representation existing at the time of its for- 
 mation, and leave the county or counties from which it is taken 
 with the required number of inhabitants entitling such county or 
 counties to separate reijrcsentation. 
 
 ARTICLE III. 
 distribution of rowERS OF government. 
 
 Section 1. The powers of the Government of the State of 
 Alabama shall be divided into three distinct departments, each of 
 which shall be confided to a separate body of magistracy, to-wit : 
 Those which are legislative, to one ; those which are executive, to 
 another ; and those which are judicial, to another. 
 
 Sec. 2. No person, or collection of persons, being of one of
 
 CONSTITUTION OF ALABAMA. 85 
 
 those departments, shall exercise any power properly belonging 
 to either of the others, except in the instances hereinafter ex- 
 pressly directed or permitted. 
 
 ARTICLE IV. 
 
 LEGISLATIVE DEPARTMENT. 
 
 Section 1. The legislative power of this State shall be vested 
 in a general assembly, which shall consist of a senate and house 
 of representatives. 
 
 Sec. 2. The style of the laws of this State .shall be : " Be it 
 enacted by the General Assembly of Alabama." Each law shall 
 contain but one subject, which shall be clearly expressed in its 
 title, except general appropriation bills, general revenue bills, and 
 bills adopting a code, digest, or revision of statutes ; and no law 
 shall be revived, amended, or the provisions thereof extended or 
 conferred, by reference to its title only ; but so much thereof as is 
 revived, amended, extended, or conferred, shall be re-enacted and 
 published at length. 
 
 Sec. 3. Senators and representatives shall be elected by the 
 qualified electors on the first Monday in August, eighteen hundred 
 and seventy-six, and one-half of the senators and all the repre- 
 sentatives shall be elected every two years thereafter, unless the 
 general assembly shall change the time of holding elections. The 
 terms of the oflice of the senators shall be four years and that of 
 the representatives two years, commencing on the day after the 
 general election, except as otherwise provided in this Constitu- 
 tion. 
 
 Sec. 4. Senators shall be at least twenty-seven years of age, 
 and representatives twenty-one years of age ; they shall have been 
 citizens and inhabitants of this State for three years, and inhab- 
 itants of their respective counties or districts one year next before 
 their election, if such county or district shall have been so long 
 established, but if not, then of the county or district from which 
 the same shall have been taken ; and they shall reside in their 
 respective counties or districts during their terms of service. 
 
 Sec. 5. The general assembly shall meet biennially, at the 
 capitol, in the senate chamber and in the hall of the house of rep- 
 resentatives (except in cases of destruction of the capitol, or epi- 
 demics, when the governor may convene them at such place in 
 
 H
 
 86 CONSTITUTION OF ALABAMA. 
 
 the State as he may deem best), on the day specified in this Con- 
 stitution, or on such other day as may be prescribed by law, and 
 shall not remain in session longer than sixty days at the first ses- 
 sion held under this Constitution, nor longer than fifty days at 
 any subsequent session. 
 
 Sec. 6. The pay of the members of the general assembly shall 
 be four dollars per day, and ten cents per mile in going to and 
 returning from the seat of government, to be computed by the 
 nearest usual route traveled. 
 
 Sec. 7. The general assembly shall consist of not more than 
 thirty-three senators, and not more than one hundred members of 
 the house of representatives, to be apportioned among the several 
 districts and counties as prescribed in this Constitution. 
 
 Sec. 8. The senate, at the beginning of each regular session, 
 and at such other times as may be necessary, shall elect one of its 
 members president thereof, and the house of representatives, at 
 the beginning of each regular session, shall elect one of its mem- 
 bers as speaker, and the president of the senate and the speaker 
 of the house of representatives shall hold their offices respectively 
 until their successors are elected and qualified. Each house shall 
 choose its own officers, and shall judge of the election, returns and 
 qualifications of its members. 
 
 Sec. 9. At the general election in the year eighteen hundred 
 and seventy-six, senators shall be elected in the even-numbered 
 districts to serve for two years, and in the odd-numbered districts 
 to serve for four years, so that hereafter one-half of the senators 
 may be chosen biennially. Members of the house of represen- 
 tatives shall be elected at the general election every second year. 
 The time of service of senators and representatives shall begin on 
 the day after their election, except the terms of those elected in 
 the year eighteen hundred and seventy-six, which shall not begin 
 until the term of the present members shall have expired. When- 
 ever a vacancy shall occur in either house, the governor for the 
 time being shall issue a writ of election to fill such vacancy for the 
 remainder of the term. 
 
 Sec. 10. A majority of each house shall constitute a quorum 
 to do business, but a smaller number may adjourn from day to 
 day, and may compel the attendance of absent members in such 
 manner, and under such penalties, as each house may provide. 
 
 Sec. 11. Each house shall have power to determine the rules of
 
 CONSTITUTION OF ALABAMA. 87 
 
 its proceedings, and to punish its members, or other persons, for 
 contempt or disorderly behavior in its presence ; to enforce obedi- 
 ence to its process ; to protect its members against violence, or 
 offers of bribes or corrupt solicitations; and, with the concurrence 
 of two-thirds of either house, to expel a member, but not a second 
 time for the same cause; and shall have all the powers necessary 
 for the legislature of a free State. 
 
 Sec. 12. A member of either house expelled for corruption 
 shall not thereafter be eligible to either house, and punishment 
 for contempt or disorderly behavior shall not bar an indictment 
 for the same offense. 
 
 Sec. 13. Each house shall keep a journal of its proceedings, 
 and cause the same to be published immediately after its adjourn- 
 ment, excepting such parts as, in its judgment, may require 
 secrecy ; and the yeas and nays of the members of either house on 
 any question shall, at the desire of one-tenth of the members 
 present, be entered on the journals. Any member of either house 
 shall have liberty to dissent from, or protest against, any act or 
 resolution which he may think injurious to the public or an indi- 
 vidual, and have the reasons for his dissent entered on the 
 journals. 
 
 Sec. 14. Members of the general assembly shall, in all cases, 
 except treason, felony, violation of their oath of office, and breach 
 of the peace, be privileged from arrest during their attendance at 
 the session of their respective houses, and in going to and return- 
 ing from the same ; and for any speech or debate in either house, 
 they shall not be questioned in any other place. 
 
 Sec. 15. The doors of each house shall be open, except on 
 such occasions as, in the opinion of the house, may require 
 secrecy. 
 
 Sec. 16. Neither house shall, without the consent of the other, 
 adjourn for more than three days, nor to any other place than that 
 in which they may be sitting. 
 
 Sec. 17. No senator or representative shall, during the term 
 for which he shall have been elected, be appointed to any civil 
 office of profit under this State, which shall have been created, or 
 the emoluments of which shall have been increased during such 
 term, except such offices as may be filled by election by the 
 people. 
 
 Sec. 18. No person hereafter convicted of embezzlement of the
 
 88 CONSTITUTION OF ALABAMA. 
 
 public money, bribery, perjury, or other infamous crime, shall be 
 eligible to the general assembly, or capable of holding any office 
 of trust or profit in this state. 
 
 Sec. 19. No law shall be passed except by bill, and no bill 
 shall be so altered or amended on its passage through either house 
 as to change its original purpose. 
 
 Sec. 20. No bill shall become a law until it shall have been 
 referred to a committee of each house and returned therefrom. 
 
 Sec. 21. Every bill shall be read on three different days in 
 each house ; and no bill shall become a law unless, on its final 
 passage, it be read at length, and the vote be taken by yeas and 
 nays, the names of the members voting for and against the same 
 be entered on the journals, and a majority of each house be re- 
 corded thereon as voting in its favor, except as otherwise provided 
 in this Constitution. 
 
 Sec. 22. No amendment to bills by one house shall be con- 
 curred in by the other, except by a vote of a majority thereof, 
 taken by yeas and nays, and the names of those voting for and 
 against recorded upon the journals ; and reports of committees of 
 conference shall in like manner be adopted in each house. 
 
 Sec. 23. No special or local law shall be enacted for the benefit 
 of individuals or corporations, in cases which are or can be pro- 
 vided for by a general law, or where the relief sought can be 
 given by any court of this State ; nor shall the operation of any 
 general law be suspended by the general assembly for the benefit 
 of any individual, corporation, or association. 
 
 Sec. 24. No local or special law shall be passed on a subject 
 which cannot be provided for by a general law, unless notice of 
 the intention to apply therefor shall have been published in the 
 locality where the matter or things to be affected may be situated ; 
 which notice shall be at least twenty days prior to the introduc- 
 tion into the general assembly of such bill, and the evidence of 
 such notice having been given shall be exhibited to the general 
 assembly before such bill shall be passed ; Provided, That the pro- 
 visions of this Constitution, as to special or local laws, shall not 
 apply to public or educational institutions of or in this State, nor 
 to industrial, mining, immigration, or manufacturing corporations 
 or interests, or corporations for constructing canals, or improving 
 navigable rivers or harbors of this State. 
 
 Sec. 25. The general assembly shall pass general laws, under
 
 CONSTITUTION OF ALABAMA. 89 
 
 which local and private interests shall be provided for and pro- 
 tected. 
 
 Sec. 26. The general assembly shall have no power to author- 
 ize lotteries or gift enterprises for any purpose, and shall pass laws 
 to prohibit the sale of lottery or gift-enterprise tickets, or tickets 
 in any scheme in the nature of a lottery, in this State ; and all 
 acts, or parts of acts, heretofore passed by the general assembly 
 of this State, authorizing a lottery or lotteries, and all acts amend- 
 atory thereof, or sup^jlemental thereto, are hereby avoided. 
 
 Sec. 27. The presiding officer of each house shall, in the pres- 
 ence of the house over which he presides, sign all bills and joint 
 resolutions passed by the general assembly, after the titles have 
 been publicly read immediately before signing, and the fact of 
 signing shall be entered on the journal. 
 
 Sec. 28. The general assembly shall prescribe by law the num- 
 ber, duties, and compensation of the officers and employes of each 
 house ; and no payment shall be made from the State treasury, or 
 be in any way authorized to any person, except to an acting officer 
 or employ^, elected or appointed in pursuance of law. 
 
 Sec. 29. No bill shall be passed giving any extra compensa- 
 tion to any public officer, servant or employe, agent or contractor, 
 after the services shall have been rendered, or contract made ; nor 
 shall any officer of the State bind the State to the payment of any 
 sum of money but by authority of law. 
 
 Sec. 30. All stationery, printing, paper, and fuel used in the 
 legislative and other departments of government, shall be fur- 
 nished, and the printing, binding, and distribution of laws, 
 journals, department reports, and all other printing and binding, 
 and repairing and furnishing the halls and rooms used for the 
 meetings of the general assembly, and its committees, shall be per- 
 formed under contract, to be given to the lowest responsible bidder 
 below a maximum price, and under such regulations as shall be 
 prescribed by law ; no member or officer of any department of the 
 government shall be in any way interested in such contracts, and 
 all such contracts shall be subject to the approval of the governor, 
 State auditor, and State treasurer. 
 
 Sec. 31. All bills for raising revenue shall originate in the 
 house of representatives ; but the senate may propose amendments, 
 as in other bills. 
 
 Sec. 32, The general appropriation bill shall embrace nothing
 
 90 CONSTITUTION OF ALABAMA. 
 
 but appropriations for the ordinary expenses of the executive, 
 legislative, and judicial departments of the State, interest on the 
 jjublic debt, and for the public schools ; all other appropriations 
 shall be made by sejjarate bills, each embracing but one subject. 
 
 Sec. 33. No money shall be paid out of the treasury except 
 upon appropriations made by law, and on warrant drawn by the 
 proper officer in pursuance thereof; and a regular statement and 
 account of receipts and expenditures of all public moneys shall be 
 published annually, in such manner as may be by law directed. 
 
 Sec. 34. No appropriation shall be made to any charitable or 
 educational institution not under the absolute control of the State, 
 other than normal schools established by law for the professional 
 training of teachers for the public schools of the State, except by 
 a vote of two-thirds of all the members elected to each house. 
 
 Sec. 35. No act of the general assembly shall authorize the in- 
 vestment of any trust fund by executors, administrators, guardians, 
 and other trustees, in the bonds or stock of any private corpora- 
 tion ; and any such acts now existing are avoided, saving invest- 
 ments heretofore made. 
 
 Sec. 36. The power to change the venue, in civil and criminal 
 causes, is vested in the courts, to be exercised in such manner as 
 shall be provided by law. 
 
 Sec. 37. When the general assembly shall be convened in 
 special session, there shall be no legislation upon subjects other 
 than those designated in the proclamation of the governor calling 
 such session. 
 
 Sec. 38. No State office shall be continued or created for the 
 inspection or measuring of any merchandise, manufacture, or com- 
 modity ; but any county or municipality may appoint such officers, 
 when authorized by law. 
 
 Sec. 39. No act of the general assembly changing the seat of 
 government of the State shall become a law until the same shall 
 have been submitted to the qualified electors of the State at a 
 general election, and approved by a majority of such electors vot- 
 ing on the same; and such act shall specify the proposed new 
 location. 
 
 Sec. 40. A member of the general assembly, who shall cor- 
 ru])tly solicit, demand, or receive, or consent to receive, directly 
 or indirectly, for himself or for another, from any company, cor- 
 poration, or person, any money, office, appointment, employment.
 
 CONSTITUTION OF ALABAMA. 91 
 
 reward, thing of value or enjoyment, or of personal advantage, or 
 promise thereof, for his vote or official influence, or for withhold- 
 ing the same ; or with an understanding, expressed or implied, 
 that his vote or official action shall be in any way influenced 
 thereby ; or who shall solicit or demand any such money or other 
 advantage, matter or thing aforesaid, for another, as the considera- 
 tion of his vote or official influence, or for withholding the same ; 
 or shall give or withhold his vote or influence, in consideration of 
 the payment or promise of such money, advantage, matter, or 
 thing, to another, shall be guilty of bribery within the meaning 
 of this Constitution, and shall incur the disabilities provided 
 thereby for sucli offense, and such additional punishment as is, or 
 shall be provided by law. 
 
 Sec. 41. Any person who shall, directly or indirectly, oflTer, 
 give, or promise any money or thing of value, testimonial, privi- 
 lege, or personal advantage, to any executive or judicial officer, or 
 member of the general assembly, to influence him in the perform- 
 ance of any of his public or official duties, shall be guilty of 
 bribery, and be punished in such manner as shall be provided by 
 law. 
 
 Sec. 42. The oflTense of corrupt solicitation of members of the 
 general assembly, or of public officers of this State, or of any 
 municipal division thereof, and any occupation or practice of 
 solicitation of such member or officers, to influence their official 
 action, shall be defined by law, and shall be punished by fine and 
 imprisonment. 
 
 Sec. 43. A inember of the general assembly, who has a per- 
 sonal or private interest in any measure or bill, proposed or pend- 
 ing before the general assembly, shall disclose the fact to the 
 house of which he is a member, and shall not vote thereon. 
 
 Sec. 44. In all elections by the general assembly, the mem- 
 bers shall vote viva voce, and the votes shall be entered on the 
 journals. 
 
 Sec. 45. 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 
 mode of adjustment. 
 
 Sec. 46. It shall be the duty of the general assembly, at its 
 first session after the ratification of this Constitution, and within 
 every subsequent period of ten years, to make provision by law
 
 92 CONSTITUTION OF ALABAMA. 
 
 for the revision, digesting and promulgation of the public statutes 
 of this State of a general nature, both civil and criminal. 
 
 Sec. 47. The general assembly shall pass such penal laws as 
 they may deem expedient to suppress the evil practice of dueling. 
 
 Sec. 48. It shall be the duty of the general assembly to regu- 
 late by law the cases in which deductions shall be made from the 
 salaries of public officers, for neglect of duty in their official 
 cainicities, and the amount of such deductions. 
 
 Sec. 49. It shall be the duty of the general assembly to 
 require the several counties of this State to make adequate provi- 
 sion for the maintenance of the poor. 
 
 Sec. 50. The general assembly shall not have power to author- 
 ize any municipal corporation to pass any laws inconsistent with 
 the general laws of this State. 
 
 Sec. 51. In the event of 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. 
 
 Sec. 52. The general assembly shall not tax the property, real 
 and personal; of the State, counties, or other municipal corpora- 
 tions, or cemeteries ; nor lots in incorporated cities or towns, or 
 within one mile of any city or town, to the extent of one acre, nor 
 lots one mile or more distant from such cities or towns, to the 
 extent of five acres, with the buildings thereon, when the same 
 are used exclusively for religious worship, for schools, or for 
 purposes purely charitable; nor such property, real or personal, 
 to an extent not exceeding twenty-five thousand dollars in value, 
 as may be used exclusively for agricultural or horticultural asso- 
 ciations of a public character. 
 
 Sec. 53. The general assembly shall by law prescribe such 
 rules and regulations as may be necessary to ascertain the value 
 of personal and real property exempted from sale under legal 
 process by this Constitution, and to secure the same to the claim- 
 ant thereof as selected. 
 
 Sec. 54. The State shall not engage in works of internal im- 
 provement, nor lend money or its credit in aid of such ; nor shall 
 the State be interested in any private or corporate enterprise, or 
 lend money or its credit to any individual, association, or cor- 
 poration.
 
 CONSTITUTION OF ALABAMA. 93 
 
 Sec. 55. The general assembly shall have no power to authorize 
 any county, city, town, or other subdivision of this State, to lend 
 its credit, or to grant public money or thing of value, in aid of, 
 or to any individual, association, or corporation whatsoever, or to 
 become a stockholder in any such corporation, association, or 
 company, by issuing bonds, or otherwise. 
 
 Sec. 5G. There can be no law of this State impairing the 
 obligation of contracts by destroying or impairing the remedy for 
 their enforcement ; and the general assembly shall have no power 
 to revive any right or remedy which may have become barred by 
 lapse of time, or by any statute of this State. 
 
 ARTICLE V. 
 
 EXECUTIVE DEPARTMENT. 
 
 Section 1. The executive department shall consist of a gover- 
 nor, secretary of state, state treasurer, state auditor, attorney- 
 general, and superintendent of education, and a sherifl' for each 
 county. 
 
 Sec. 2. 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. 3. The governor, secretary of state, state treasurer, state 
 auditor, and attorney-general shall be elected by the qualified 
 electors of this State, at the same time and places appointed for 
 the election of members of the general assembly. 
 
 Sec. 4. The returns of every election for governor, secretary 
 of state, state auditor, state treasurer, and attorney -general shall 
 be sealed up and transmitted by the returning officers to the seat 
 of government, directed to the speaker of the house of represent- 
 atives, who shall, during the first week of the session to which 
 said returns shall be made, open and publish them in the pres- 
 ence of both houses of the general assembly in joint convention. 
 The person having the highest number of votes for either of said 
 offices shall be declared duly elected ; but if two or more shall 
 have an equal and the highest number of votes for the same office, 
 the general assembly, by joint vote, without delay, shall choose 
 one of said persons for said office. Contested elections for gover- 
 nor, secretary of state, state auditor, state treasurer, and attorney- 
 general shall be determined by both houses of the general assem- 
 bly in such manner as may be prescribed by law.
 
 94 CONSTITUTION OF ALABAMA. 
 
 Sec. 5. The governor, secretary of state, state treasurer, state 
 auditor, and attorney-general shall hold their respective offices 
 for the term of two years from the time of their installation in 
 office, and until their successors shall be elected and qualified. 
 
 Sec. 6. The governor shall be at least thirty years of age when 
 elected, and shall have been a citizen of the United States ten 
 years, and a resident citizen of this State at least seven years next 
 before the day of his election. 
 
 Sec. 7. The governor, secretary of state, state treasurer, state 
 auditor, and attorney-general shall reside at the seat of govern- 
 ment of this State during the time they continue in office, except 
 ill case of epidemics ; and they shall receive compensation for 
 their services, which shall be fixed by law, and which shall not be 
 increased or diminished during the term for which they shall 
 have been elected. 
 
 Sec. 8. The governor shall take care that the laws be faith- 
 fully executed. 
 
 Sec. 9. The governor may require information in writing, 
 under oath, from the officers of the executive department on any 
 subject relating to the duties of their respective offices ; and he 
 may, at any time, require information in writing, under oath, 
 from all officers and managers of State institutions, upon any 
 subject relating to the condition, management, and expenses of 
 their respective offices and institutions ; and any such officer or 
 manager who makes a false report, shall be guilty of perjury, and 
 punished accordingly. 
 
 Sec. 10. The governor may, by proclamation, on extraordinary 
 occasions, convene the general assembly at the seat of govern- 
 ment, or at a different place, if, since their last adjournment, that 
 shall have become dangerous from an enemy, or from infectious 
 or contagious diseases ; and he shall state specifically in such 
 proclamation each matter concerning which the action of that 
 body is deemed necessary. 
 
 Sec. 11. The governor 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; and, at the commencement of each session of the 
 general assembly, and at the close of his term of office, give infor- 
 mation, by written message, of the condition of the State ; and he 
 shall account to the general assembly, as may be prescribed by
 
 CONSTITUTION OF ALABAMA. 95 
 
 law, for all moneys received and paid out by him, from any funds 
 subject to his order, with the vouchers therefor; and he shall, at 
 the commencement of each regular session, present to the general 
 assembly estimates of the amount of money required to be raised 
 by taxation for all purposes. 
 
 Sec. 12. The governor shall have power to remit fines and 
 forfeitures, under such rules and regulations as may be prescribed 
 by law, and after conviction, to grant reprieves, commutation of 
 sentence, and pardons (except in cases of treason and impeach- 
 ment) ; but pardons, in cases of murder, arson, burglary, rape, 
 assault with intent to commit rape, perjury, forgery, bribery, and 
 larceny, shall not relieve from civil and political disability, unless 
 specifically expressed in the pardon. Upon conviction of treason, 
 the governor may suspend the execution of the sentence, and 
 report the same to the general assembly at the next regular 
 session, when the general assembly shall either pardon, commute 
 the sentence, direct its execution, or grant further reprieve. He 
 shall communicate to the general assembly, at every regular 
 session, each case of reprieve, commutation, or pardon granted, 
 with his reasons therefor, stating the name and crime of the 
 convict, the sentence, its date, and the date of the reprieve, 
 commutation, or pardon. 
 
 Sec. 13. 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 that house in which it shall have originated, who 
 shall enter the objections at large upon the journals, and the 
 house to which such bill shall be returned shall proceed to recon- 
 sider it; if, after such reconsideration, a majority of the wliole 
 number elected to that house shall vote for the passage of such 
 bill, it shall be sent, with the objections, to the other house, by 
 which it shall likewise be reconsidered ; if approved by a major- 
 ity of the whole number elected to that house, it shall become a 
 law, but in such cases the votes of both houses shall be deter- 
 mined by yeas and nays, and the names of the members voting 
 for or against the bill shall be entered upon 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 adjourn-
 
 96 CONSTITUTION OF ALABAMA. 
 
 ment, prevent its return, in which case it shall not be a law. 
 And every order, vote, or resolution, to which the concurrence of 
 both houses may be necessary (except questions of adjournment, 
 and of bringing on elections by the two houses, and of amending 
 this Constitution), shall be presented to the governor ; and, before 
 the same shall take effect, be approved by him, or, being dis- 
 approved, shall be repassed by both houses according to the rules 
 and limitations prescribed in the case of a bill. 
 
 Sec. 14. The governor shall have power to disapprove of any 
 item or items of any bill making appropriations of money, 
 embracing distinct items, and the part or parts of bill approved 
 shall be the law, and the item or items of appropriations dis- 
 a])proved shall be void, unless repassed according to the rules and 
 limitations prescribed for the passage of other bills over tlie 
 executive veto; and he shall, in writing, state specifically the 
 item or items he disapproves. 
 
 Sec. 15. In case of the impeachment of the governor, his 
 removal from office, death, refusal to qualify, resignation, absence 
 from the State, or other disability, the president of the senate 
 shall exercise all the power and authority appertaining to the 
 office of governor, until the time appointed for the election of 
 governor shall arrive, or until the governor who is absent, or 
 impeached, shall return or be acquitted, or other disability be 
 removed ; 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, be absent from the State, or 
 be under any other disability, the speaker of the house of repre- 
 sentatives shall, in like manner, administer the government. If 
 the governor shall be absent from the State over twenty days, the 
 secretary of state shall notify the president of the senate, who 
 sliall enter upon the duties of governor; and if the governor and 
 president of the senate shall both l)e absent from the State over 
 twenty days, the secretary of state shall notify the speaker of the 
 house of representatives, and in such case he shall enter upon and 
 discharge the duties of governor until the return of the governor, 
 or president of the senate. 
 
 Sec. 16. The president of the senate and speaker of the house 
 of representatives shall, during the time they respectively admin- 
 ister the government, receive the same compensation which the 
 governor would have received if he had been employed in the
 
 CONSTITUTION OF ALABAMA. 97 
 
 duties of his office ; Provided, Tliat if the general assembly shall 
 be in session during such absence, they, or either of them, shall 
 receive no compensation as members of the general assembly 
 while acting as governor. 
 
 Sec. 17. No person shall, at one and the same time, hold the 
 office of governor of this State, and any other office, civil or 
 military, either under this State, the United States, or any other 
 State or government, except as otherwise provided in this Con- 
 stitution. 
 
 Sec. 18. The governor shall be commander-in-chief of the 
 militia and volunteer forces of this State, except when they shall 
 be called into the service of the United States, and he may call 
 out the same to execute the laws, suppress insurrection, and repel 
 invasion ; but he need not command in person unless directed to 
 do so by a resolution of the general assembly ; and when acting 
 in the service of the United States he shall appoint his staff, and 
 the general assembly shall fix his rank. 
 
 Sec. 19. No person shall be eligible to the office of secretary 
 of state, state treasurer, state auditor, or attorney-general, unless 
 he shall have been a citizen of the United States at least seven 
 years, and shall have resided in this State at least five years next 
 preceding his election, and shall be at least twenty-five years old 
 when elected. 
 
 Sec. 20. There shall be a great seal of the State, which shall 
 be used officially by the governor ; and the seal now in use shall 
 continue to be used until another shall have been adopted by the 
 general assembly. The said seal shall be called the " Great Seal 
 of the State of Alabama." 
 
 Sec. 21. The secretary of state shall be the custodian of the 
 seal of the State, and shall authenticate therewith all official acts 
 of the governor, his approval of laws and resolutions excepted. 
 He shall keep a register of the official acts of the governor, and 
 when necessary, shall attest them, and lay copies of the same, 
 together with copies of all papers relative thereto, before either 
 house of the general assembly, whenever required to do so, and 
 shall perform such other duties as may be prescribed by law. 
 
 Sec. 22. All grants and commissions shall be issued in the 
 name and by the authority of the State of Alabama, sealed with 
 the great seal, and signed by the governor, and countersigned by 
 the secretary of state. 
 
 7 I
 
 98 CONSTITUTION OF ALABAMA. 
 
 Sec. 23. Should the office of secretary of state, state treasurer, 
 state auditor, attorney-general, or superintendent of education 
 become vacant, for any of the causes specified in section fifteen of 
 this article, the governor shall fill the vacancy until the disability 
 is removed, or a successor elected and qualified. 
 
 Sec. 24. The state treasurer, state auditor, and attorney- 
 general shall perform such duties as may be prescribed by law. 
 The state treasurer and state auditor shall, every year, at a time 
 the general assembly may fix, make a full and complete report to 
 the governor, showing all receipts and disbursements of revenue 
 of every character, all claims audited and paid by the State, by 
 items, and all taxes and revenue collected and paid into the 
 treasury, and from what sources; and they shall make reports 
 oftener on any matter pertaining to their office, if required by the 
 governor or the general assembly. 
 
 Sec. 25. The state auditor, state treasurer, and secretary of 
 state shall not, after the expiration of the terms of those now in 
 office, receive to their use any fees, costs, perquisites of office, or 
 compensation, other than their salaries as prescribed by law ; and 
 all fees that may be payable by law, for any service performed by 
 either of such officers, shall be paid in advance into the state 
 treasury. 
 
 Sec. 26. A sheriff shall be elected in each county, by the 
 qualified electors thereof, who shall hold his office for the term of 
 four years, unless sooner removed, and shall be ineligible to such 
 office as his own successor ; Provided, That sheriffs elected on the 
 first Monday in August, 1877, or at such other time as may be 
 prescribed by law for the election in that year, shall hold their 
 offices for the term of three years, and until their successors shall 
 be elected and qualified. In the year 1880, at the general election 
 for members to the general assembly, sheriffs shall be elected for 
 four years, as herein provided. Vacancies in the office of sheriff" 
 shall be filled by the governor, as in other cases ; and the person 
 appointed shall continue in office until the next general election 
 in the county for sheriff^, as provided by law. 
 
 AETICLE VI. 
 
 JUDICIAL DEPARTMENT. 
 
 Section 1. The judicial power of the State shall be vested in 
 the senate, sitting as a court of impeachment, a supreme court,
 
 CONSTITUTION OF ALABAMA. 99 
 
 circuit courts, chancery courts, courts of probate, such inferior 
 courts of law and equity, to consist of not more than five members, 
 as the general assembly may from time to time establish, and 
 such persons as may be by law invested with powers of a judicial 
 nature. 
 
 Sec. 2. Excei)t in cases otherwise directed in the 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, habeas corpus, quo war- 
 ranto, and such other remedial and original writs as may be 
 necessary to give it a general superintendence and control of in- 
 ferior jurisdictions. 
 
 Sec. 3. The supreme court shall be held at the seat of govern- 
 ment, but if that shall have become dangerous from any cause, it 
 may adjourn to a different place. 
 
 Sec. 4. The State shall be divided by the general assembly 
 into convenient circuits, not to exceed eight in number, unless 
 increased by a vote of two-thirds of the members of each house 
 of the general assembly, and no circuit shall contain less than 
 three nor more than twelve counties; and for each circuit there 
 shall be chosen a judge, who shall, for one year next preceding 
 his election, and during his continuance in office, reside in the 
 circuit for which he is elected. 
 
 Sec. 5. The circuit court shall have original jurisdiction in all 
 matters, civil and criminal, within the State, not otherwise 
 excepted in the Constitution ; but in civil cases only when 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 expe- 
 dient, and shall do so when directed by law ; Provided, That the 
 judges of the several circuit courts shall have power to issue writs 
 of injunction returnable into courts of chancery. 
 
 Sec. 7. The general assembly shall have power to establish a 
 court or courts of chancery, with original and appellate jurisdic- 
 tion. The State shall be divided by the general assembly into 
 convenient chancery divisions, not exceeding three in number, 
 unless an increase shall be made by a vote of two-thirds of each
 
 100 CONSTITUTION OF ALABAMA. 
 
 house of the general assembly, taken by yeas and nays and 
 entered upon the journals; and the divisions shall be divided into 
 districts ; and for each division there shall be a chancellor, who 
 shall, at the time of his election or appointment, and during his 
 continuance in office, reside in the division for which he shall 
 have been elected or appointed. 
 
 Sec. 8. A chancery court shall be held in each district, at a 
 place to be fixed by law, at least once in each year ; and the 
 chancellors may hold courts for each other, when they deem it 
 necessary. 
 
 Sec. 9. The general assembly shall have power to establish in 
 each county within the State a court of probate, with general 
 jurisdiction for the granting of letters testamentary and of 
 administration, and for orphans' business. 
 
 Sec. 10. The judges of the supreme court, circuit courts, and 
 chancellors shall, at stated times, receive for their services a com- 
 pensation, which shall not be diminished during their ofiicial 
 terms, but they shall receive no fees or perquisites, nor hold any 
 ofiice (except judicial oflices) of profit or trust under this State or 
 the United States, or any otiier power, during the term for which 
 they have been elected. 
 
 Sec. 11. The supreme court shall consist of one chief justice 
 and such number of associate justices as may be prescribed by 
 law. 
 
 Sec. 12. The chief justice and associate justices of the supreme 
 court, judges of the circuit courts, probate courts, and chancellors 
 shall be elected by the qualified electors of the State, circuits^ 
 counties, and chancery divisions, for which such courts may be 
 established, at such times as may be prescribed by law. 
 
 Sec. 13. The judges of such inferior courts of law and equity 
 as may be by law established, shall be elected or appointed in such 
 mode as the general assembly may prescribe. 
 
 Sec. 14. The judges of the supreme court, circuit courts, and 
 chancellors, and the judges of city courts shall have been citizens 
 of the United States and of this State for five years next preced- 
 ing their election or appointment, and shall be not less than 
 twenty-five years of age, and learned in the law. 
 
 Sec. 15. The chief justice and associate justices of the supreme 
 court, circuit judges, chancellors, and probate judges shall hold 
 office for the term of six years, and until their successors are
 
 CONSTITUTION OF ALABAMA. 101 
 
 elected or appointed and qualified ; and the right of such judges 
 and chancellors to hold their offices for the full time hereby pre- 
 scribed shall not be affected by any change hereafter made by law 
 in any circuit, division, or county in the mode or time of election. 
 
 Sec. 16. The judges of the supreme court shall, by virtue of 
 their offices, be conservators of the peace throughout the State; 
 the judges of the circuit courts, within their respective circuits, 
 and the judges of the inferior courts within their respective juris- 
 dictions, shall, in like manner, be conservators of tlie peace. 
 
 Sec. 17. Vacancies in the office of any of the judges or chan- 
 cellors of this State shall be filled by appointment by the gov- 
 ernor; and such appointee shall hold his office for the unexpired 
 term, and until his successor is elected or appointed and qualified. 
 
 Sec. 18. If in any case, civil or criminal, pending in any cir- 
 cuit, chancery, or city court in this State, the presiding judge or 
 chancellor shall, for any legal cause, be incompetent to try, hear, 
 or render judgment in such cause, the parties or their attorneys 
 of record, if it be a civil case, or the solicitor or other prosecuting 
 officer, and the defendant or defendants, if it be a criminal case, 
 may agree upon some disinterested person practising in the court 
 and learned in the law, to act as special judge or chancellor, to sit 
 as a court, and to hear, decide, and render judgment in the same 
 manner and to the same effect as a judge of the circuit or city 
 court, or chancellor sitting as a court might do in sucli case. If 
 the case be a civil one, and the parties or their attorneys of record 
 do not agree, or if the case be a criminal one, and the prosecuting 
 officer and the defendant or defendants do not agree upon a special 
 judge or chancellor, or if either party in a civil cause is not rep- 
 resented in court, the clerk of the circuit or city court, or register 
 in chancery, of the court in which said cause is pending, shall 
 aj)point the special judge or chancellor, who shall preside, try, and 
 render judgment as in this section provided. 
 
 Sec. 19. The general assembly shall have power to provide for 
 the holding of circuit and chancery courts in this State, when the 
 judges or chancellors thereof fail to attend regular terms. 
 
 Sec. 20. No judge of any court of record in this State shall 
 practise law in any of the courts of this State or of the United 
 States. 
 
 Sec. 21. Registers in chancery shall be appointed by the chan- 
 cellors of the divisions, and shall hold office during the term of
 
 102 CONSTITUTION OF ALABAMA. 
 
 the chancellor making such appointment ; and such registers shall 
 receive as compensation for their services only such fees and com- 
 missions as may be specifically prescribed by law. 
 
 Sec. 22. A clerk of the supreme court shall be appointed by 
 the judges thereof, and shall hold office during the term of the 
 judges making the appointment; and clerks of such inferior 
 courts as may be established by law shall be appointed by the 
 judges thereof, and shall hold office during the term of the judge 
 making such appointment. 
 
 Sec. 23. Clerks of the circuit court shall be elected by the 
 qualified electors in each county for the term of six years. Va- 
 cancies in such office shall be filled by the governor for the unex- 
 pired term. 
 
 Sec. 24. The clerk of the supreme court and registers in chan- 
 cery may be removed from office by the judges of the supreme 
 court and chancellors respectively, for cause, to be entered at 
 length upon the records of the court. 
 
 Sec. 25. A solicitor for each judicial circuit shall be elected by 
 joint ballot of the general assembly, who shall be learned in the 
 law, and who shall, at the time of his election, and during his 
 continuance in office, reside in the circuit for which he is chosen, 
 and whose term of office shall be for six years ; Provided, That the 
 general assembly, at the first session thereof after the ratification 
 of this Constitution, shall, by joint ballot, elect a solicitor for each 
 judicial circuit of the State, whose term of office shall begin on 
 Tuesday after the first Monday in November, eighteen hundred 
 and seventy-six, and continue for four years ; And provided, That 
 the general assembly may, when necessary, i)rovide for the elec- 
 tion or appointment of county solicitors. 
 
 Sec. 26. There shall be elected by the qualified electors of each 
 precinct of the counties not exceeding two justices of the peace 
 and one constable. Such justices shall have jurisdiction in all 
 civil cases wherein the amount in controversy does not exceed one 
 hundred dollars, except in cases of libel, slander, assault and bat- 
 tery, and ejectment. In all cases tried before such justices the 
 right of appeal, without prepayment of costs, shall be secured by 
 law; Provided, That the governor may appoint one notary public 
 for each election precinct in counties, and one for each ward in 
 cities of over five thousand inhabitants, who, in addition to the 
 powers of notary, shall have and exercise the same jurisdiction as
 
 CONSTITUTION OF ALABAMA. 103 
 
 justices of the peace within the precincts and wards for which 
 they are respectively appointed ; And provided, That notaries 
 public without such jurisdiction may be appointed. The term of 
 office of such justices and notaries public shall be prescribed by 
 law. 
 
 Sec. 27. An attorney-general shall be elected by the qualified 
 electors of the State at the same time and places of election of 
 members of the general assembly, whose term of office shall be 
 for two years, and until his successor is elected and qualified. 
 After his election he shall reside at the seat of government, and 
 shall be the law officer of the State, and shall perform such duties 
 as may be required of him by law. 
 
 Sec. 28. 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 same, and shall conclude, " Against 
 the peace and dignity of the State." 
 
 ARTICLE VII. 
 
 IMPEACHMENTS. 
 
 Section 1. The governor, secretary of state, auditor, treasurer, 
 attorney-general, superintendent of education, and judges of the 
 supreme court may be removed from office for wilful neglect of 
 duty, corruption in office, habitual drunkenness, incompetency, 
 or any offence involving moral turpitude while in office, or com- 
 mitted under color thereof, or connected therewith, by the senate, 
 sitting as a court for that purpose, under oath or affirmation, on 
 articles or charges preferred by the house of representatives. 
 
 Sec. 2. The chancellors, judges of the circuit courts, judges of 
 the probate courts, solicitors of the circuits, and judges of the 
 inferior courts, from which an appeal may be taken directly to 
 the supreme court, may be removed from office for any of the 
 causes specified in the preceding section, by the supreme court, 
 under such regulations as may be prescribed by law. 
 
 Sec. 3. The sherifls, clerks of the circuit, city, or criminal 
 courts, tax collectors, tax assessors, county treasurers, coroners, 
 justices of the peace, notaries public, constables, and all other 
 county officers, mayors, and intendants of incorporated cities and 
 towns in this State, may be removed from office for any of the 
 causes specified in section one of this article, by the circuit, city, 
 or criminal court of the county in which such officers hold their
 
 104 CONSTITUTION OF ALABAMA. 
 
 office, under such regulations as may be prescribed by law ; 
 Provided, That the right of trial by jury and appeal in such cases 
 be secured. 
 
 Sec. 4. The penalties in cases arising under the three preced- 
 ing sections shall not extend beyond removal from office, and dis- 
 qualification from holding office under the authority of this State, 
 for the term for which he was elected or appointed ; but the 
 accused shall be liable to indictment, trial, and punishment, as 
 prescribed by law. 
 
 ARTICLE VIII. 
 
 SUFFRAGE AND ELECTIONS. 
 
 Section 1. Every male citizen of the United States, and every 
 male person of foreign birth who may have legally declared his 
 intention to become a citizen of the United States before he offers 
 to vote, who is twenty-one years old, or upwards, possessing the 
 following qualifications, shall be an elector, and shall be entitled 
 to vote at any election by the people, except as hereinafter 
 provided : 
 
 First. He shall have resided in the State at least one year 
 immediately preceding the election at which he offers to vote. 
 
 Second. He shall have resided in the county for three months, 
 and in the precinct or ward for thirty days immediately preceding 
 the election at which he offers to vote ; Provided, That the 
 general assembly may prescribe a longer or shorter residence in 
 any precinct in any county, or in any ward in any incorporated 
 city or town, having a population of more than five thousand 
 inhabitants, but in no case to exceed three months ; And 
 provided, That no soldier, sailor, or marine, in the military or 
 naval service of the United States, shall acquire a residence by 
 being stationed in this State. 
 
 Sec. 2. All elections by the people shall be by ballot, and all 
 elections by persons in a representative capacity shall be viva 
 voce. 
 
 Sec. 3. The following classes shall not be permitted to register, 
 vote, or hold office. 
 
 First. Those who shall have been convicted of treason, embez- 
 zlement of public funds, malfeasance in office, larceny, bribery, or 
 other crime punishable by imprisonment in the penitentiary.
 
 CONSTITUTION OF ALABAMA. 105 
 
 Second. Those who are idiots or insane. 
 
 Sec. 4. Electors shall in all cases, except treason, felony, or 
 breach of the peace, be privileged from arrest during their attend- 
 ance at elections, or wliile going to or returning therefrom. 
 
 Sec. 5. The general assembly shall pass laws, not inconsistent 
 with this Constitution, to regulate and govern elections in this 
 State, and all such laws shall be uniform throughout the State. 
 The general assembly may, when necessary, provide by law for 
 the registration of electors throughout the State, or in any incor- 
 porated city or town thereof, and when it is so provided, no 
 person shall vote at any election unless lie shall have registered 
 as required by law. 
 
 Sec. 6. It shall be the duty of the general assembly to pass 
 adequate laws giving protection against the evils arising from the 
 use of intoxicating liquors at all elections. 
 
 Sec. 7. Returns of elections for all civil officers who are to be 
 commissioned by the governor, except secretary of state, state 
 auditor, state treasurer and attorney-general, and for members of 
 the general assembly, shall be made to the secretary of state. 
 
 ARTICLE IX. 
 
 REPRESENTATION. 
 
 Section 1. The whole number of senators shall be not less 
 than one-fourth or more than one-third the whole number of 
 representatives. 
 
 Sec. 2. The house of representatives shall consist of not more 
 than one hundred members, who shall be apportioned by the 
 general assembly among the several counties of the State, accord- 
 ing to the number of inhabitants in them respectively, as ascer- 
 tained by the decennial census of the United States for the year 
 eighteen hundred and eighty ; which apportionment, when made, 
 shall not be subject to alteration until the first session of the 
 general assembly after the next decennial census of the United 
 States shall have been taken. 
 
 Sec. 3. It shall be the duty of the general assembly, at its first 
 session after the taking of the decennial census of the United 
 States in the year eighteen hundred and eighty, and after each 
 subsequent decennial census, to fix by law the number of repre-
 
 106 CONSTITUTION OF ALABAMA. 
 
 sentatives, and apportion them among the several counties of the 
 State; Provided, That each county shall be entitled to at least 
 one representative. 
 
 Sec. 4. It shall be the duty of the general assembly at its first 
 session after the taking of the decennial census of the United 
 States in the year eighteen hundred and eighty, and after each 
 subsequent decennial census, to fix by law the number of senators, 
 and to divide the State into as many senatorial districts as there 
 are senators, wliich districts shall be as nearly equal to each other 
 in the number of inhabitants as may be, and each shall be entitled 
 to one senator, and no more ; and which districts, when formed, 
 shall not be changed until the next apportioning session of the 
 general assembly after the next decennial census of the United 
 States shall have been taken. No county shall be divided be- 
 tween two districts, and no district shall be made of two or more 
 counties not contiguous to each other. 
 
 Sec. 5. Should the decennial census of the United States, 
 from any cause, not be taken, or if, when taken, the same as to 
 this State is not full and satisfactory, the general assembly shall 
 have power, at its first session after the time shall have elapsed 
 for the taking of said census, to provide for an enumeration of all 
 the inhabitants of this State, and once in each ten years there- 
 after, upon which it shall be the duty of the general assembly to 
 make the apjtortionment of representatives and senators as pro- 
 vided for in this article. 
 
 Sec. 6. Until the general assembly shall make an apportion- 
 ment of representatives among the several counties, after the first 
 decennial census of the United States, as herein provided, the 
 counties of Autauga, Baldwin, Bibb, Blount, Calhoun, Chilton, 
 Cherokee, Choctaw, Clark, Clay, Cleburne, Coffee, Colbert, Cone- 
 cuh, Coosa, Covington, Crenshaw, Dale, DeKalb, Elmore, Etowah, 
 Escambia, Fayette, Franklin, Geneva, Henry, Lauderdale, Marion, 
 Morgan, Monroe, Marshall, Randolph, San ford, Shelby, St. Clair, 
 Walker, Washington, and Winston shall each have one represen- 
 tative ; the counties of Barbour, Bullock, Butler, Chambers, 
 Greene, Hale, Jackson, Jefferson, Limestone, Lawrence, Lowndes, 
 Lee, Macon, jMarengo, Perry, Pickens, Pike, Russell, Sumter, 
 Talladega, Tallapoosa, Tuskaloosa, and Wilcox shall have each 
 two representatives ; the county of Madison shall have three rep- 
 resentatives ; the counties of Dallas and Montgomery shall have,
 
 CONSTITUTION OF ALABAMA. 107 
 
 each, four representatives; and the county of Mobile shall have 
 five representatives. 
 
 Sec. 7. Until the general assembly shall divide the State into 
 senatorial districts, as herein provided, the senatorial districts 
 shall be as follows : 
 
 First district, Lauderdale and Limestone ; second district, Col- 
 bert and Lawrence; third district, Morgan, Winston, and Blount; 
 fourth district, Madison ; fifth district, Marshall, Jackson, and 
 DeKalb ; sixth district, Cherokee, Etowah, and St. Clair ; seventh 
 district, Cullioun and Cleburne ; eighth district, Talladega and 
 Clay ; ninth district, Eaudolph and Chambers ; tenth district, 
 Macon and Tallapoosa; eleventh district, Bibb and Tuskaloosa; 
 twelfth district, Franklin, Marion, Fayette, and Sanford; 
 thirteenth district, Walker, Jefferson, and Shelby ; fourteenth 
 district, Greene and Pickens ; fifteenth district, Coosa, Elmore, 
 and Chilton; sixteenth district, Lowndes and Autauga; seven- 
 teenth district, Butler and Conecuh ; eighteenth district. Perry ; 
 nineteenth district, Choctaw, Clark, and Washington ; twentieth 
 district, Marengo ; twenty-first district, Monroe, Escambia, and 
 Baldwin; twenty-second district, Wilcox; twenty-third district, 
 Henry, Coffee, Dale, and Geneva; twenty-fourth district, Bar- 
 bour; twenty -fifth district. Pike, Crenshaw, and Covington; 
 twenty - sixth district, Bullock ; twenty - seventh district, Lee ; 
 twenty-eighth district, Montgomery ; twenty-nintlr district, Rus- 
 sell; thirtieth district, Dallas ; thirty-first district, Sumter; thirty- 
 second district. Hale ; thirty-third district, Mobile. 
 
 ARTICLE X. 
 
 EXEMPTED PROPERTY. 
 
 Section 1. The personal property of any resident of this State, 
 to the value of one thousand dollars, to be selected by such resi- 
 dent, shall be exempted from sale on execution, or other process 
 of any court, issued for the collection of any debt contracted since 
 the thirteenth day of July, eighteen hundred and sixty-eight, or 
 after the ratification of this Constitution. 
 
 Sec. 2. Every homestead, not exceeding eighty acres, and the 
 dwelling and appurtenances thereon, to be selected by the owner 
 thereof, and not in any city, town, or village, or in lieu thereof, at 
 the option of the owner, any lot in the city, town, or village, with
 
 108 CONSTITUTION OF ALABAMA. 
 
 the dwelling and appurtenances thereon, owned and occupied by 
 any resident of this State, and not exceeding the value of two 
 thousand dollars, shall be exempted from sale on execution, or 
 any other process from a court, for any debt contracted since the 
 thirteenth day of July, eighteen hundred and sixty-eight, or after 
 the ratification of this Constitution. Such exemption, however, 
 shall not extend to any mortgage lawfully obtained, but such 
 mortgage or other alienation of such homestead, by the owner 
 thereof, if a married man, shall not be valid without the voluntary 
 signature and assent of the wife to the same. 
 
 Sec. 3. The homestead of a family, after the death of the 
 owner thereof, shall be exempt from the payment of any debts 
 contracted since the thirteenth day of July, one thousand eight 
 hundred and sixty-eight, or after the ratification of this Constitu- 
 tion, in all cases, during the minority of the children. 
 
 Sec. 4. The provisions of section one and two of this article 
 shall not be so construed as to prevent a laborer's lien for work 
 done and performed for the person claiming such exemption, or a 
 mechanic's lien for work done on the premises. 
 
 Sec. 5. If the owner of a homestead die, leaving a widow, but 
 no children, such homestead shall be exempt, and the rents and 
 profits thereof shall enure to her benefit. 
 
 Sec. 6. The real and personal property of any female in this 
 State, acquired before marriage, and all property, real and per- 
 sonal, to which she may afterwards be entitled by gift, grant, in- 
 heritance, or devise, shall be and remain the separate estate and 
 property of such female, and shall not be liable for any debts, 
 obligations, and engagements of her husband, and may be devised 
 or bequeathed by her, the same as if she were a femme sole. 
 
 Sec. 7. The right of exemptions hereinbefore secured may be 
 waived by an instrument in writing, and when such waiver relates 
 to realty, the instrument must be signed by both the husband 
 and the wife, and attested by one witness. 
 
 ARTICLE XI. 
 
 TAXATION. 
 
 Section 1. All taxes levied on property in this State shall be 
 assessed in exact proportion to the value of such property ; Pro- 
 vided, hoivever, The general assembly may levy a poll-tax, not to
 
 CONSTITUTION OF ALABAMA. 109 
 
 exceed one dollar and fifty cents on each poll, which shall be 
 applied exclusively in aid of the public school fund in the county 
 so paying the same. 
 
 Sec. 2. No power to levy taxes shall be delegated to indi- 
 viduals or j)rivate corporations. 
 
 Sec. 3. After the ratification of this Constitution, no new debt 
 shall be created against, or incurred by this State, or its authority, 
 except to repel invasion or suppress insurrection, and then only 
 by a concurrence of two-thirds of the members of each house of 
 the general assembly, and the vote shall be taken by yeas and 
 nays and entered on the journals ; and any act creating or in- 
 curring any new debt against this State, except as herein provided 
 for, shall be absolutely void ; Provided, The governor may be 
 authorized to negotiate temporary loans, never to exceed one 
 hundred thousand dollars, to meet deficiencies in the treasury ; 
 and until the same is paid, no new loan shall be negotiated ; Pro- 
 vided fuH her, That this section shall not be so construed as to pre- 
 vent the issuance of bonds in adjustment of existing State indebt- 
 edness. 
 
 Sec. 4. The general assembly shall not have the power to levy, 
 in any one year, a greater rate of taxation than three-fourths of 
 one per centum on the value of the taxable property within this 
 State. 
 
 Sec. 5. No county in this State shall be authorized to levy 
 a larger rate of taxation, in any one year, on the value of the tax- 
 able property therein, than one-half of one per centum ; Provided, 
 That to pay debts existing at the ratification of this Constitution, 
 an additional rate of one-fourth of one per centum may be levied 
 and collected, which shall be exclusively appropriated to the pay- 
 ment of such debts, or the interest thereon ; Provided further, Tjiat 
 to pay any debt or liability now existing against any county, in- 
 curred for the erection of the necessary public buildings or other 
 ordinary county purposes, or that may hereafter be created lor the 
 erection of necessary public buildings or bridges, any county may 
 levy and collect such special taxes as may have been or may here- 
 after be authorized by law, which taxes so levied and collected 
 shall be applied exclusively to the purposes for which the same 
 shall have been levied and collected. 
 
 . Sec. 6. The property of private corporations, associations, and 
 individuals of this State shall forever be taxed at the same rate ; 
 
 K
 
 110 CONSTITUTION OF ALABAMA. 
 
 Provided, This section shall not apply to institutions or enterprises 
 devoted exclusively to religious, educational, or charitable pur- 
 poses. 
 
 Sec. 7. No city, town, or other municipal corporation, other 
 than provided for in this article, shall levy or collect a larger rate 
 of taxation, in any one year, on the property thereof, than one- 
 half of one per centum of the value of such property, as assessed 
 for State taxation during the preceding year ; Provided, That for 
 the payment of debts existing at the time of the ratification of this 
 Constitution, and the interest thereon, an additional rate of one 
 per centum may be collected, to be applied exclusively to such 
 indebtedness ; And jjrovided, This section shall not apply to the 
 city of Mobile, which city may, until the first day of January, one 
 thousand eight hundred and seventy-nine, levy a tax not to exceed 
 the rate of one per centum, and from and after that time a tax 
 not to exceed the rate of three-fourths of one per centum, to pay 
 the expenses of the city government, and may also, until the first 
 day of January, one thousand eight hundred and seventy-nine, 
 levy a tax not to exceed the rate of one per centum, and from and 
 after that time, a tax not to exceed the rate of three-fourths of one 
 per centum, to pay the existing indebtedness of said city, and the 
 interest thereon. 
 
 Sec. 8. At the first session of the general assembly after the 
 ratification of this Constitution, the salaries of the following 
 ofiicers shall be reduced at least twenty-five per centum, viz. : 
 Governor, secretary of state, state auditor, state treasurer, attorney- 
 general, superintendent of education, judges of the supreme and 
 circuit courts, and chancellors ; and after said reduction, the gene- 
 ral assembly shall not have the ])ower to increase the same, except 
 by a vote of a majority of all the members elected to each house, 
 taken by yeas and nays, and entered on the journals ; Provided, 
 This section shall not apply to any of said officers now in office. 
 
 Sec. 9. The general assembly shall not have the power to re- 
 quire the counties or other municipal corporations to pay any 
 charges which are now payable out of the State treasury. 
 
 ARTICLE XII. 
 
 MILITIA. 
 
 Section 1. All able-bodied male inhabitants of this State, 
 between the ages of eighteen years and forty-five years, who are
 
 CONSTITUTION OF ALABAMA. Ill 
 
 citizens of the United States, or have declared their intention to 
 become such citizens, shall be liable to military duty in the militia 
 of the State. 
 
 Sec. 2. The general assembly, in jirovidiiig for the organiza- 
 tion, equipment, and discipline of the militia, shall conform as 
 nearly as practicable to the regulations for the government of the 
 armies of the United States. 
 
 Sec. 3. Each company and regiment shall elect its own com- 
 pany and regimental officers; but if any company or regiment 
 shall neglect to elect such officers within the time prescribed by 
 law, they may be appointed by the governor. 
 
 Sec. 4. Volunteer organizations of infantry, cavalry, and artil- 
 lery may be formed in such manner, and under such restrictions, 
 and with such privileges, as may be provided by law. 
 
 Sec. 5. The militia and volunteer forces shall, in all cases, 
 except treason, felony, and breach of the peace, be privileged from 
 arrest during their attendance at musters, parades, and elections, 
 and in going to and returning from the same. 
 
 Sec. 6. The governor shall, except as otherwise provided 
 herein, be commander-in-chief of the militia and volunteer forces 
 of the State, except when in the service of the United States, and 
 shall, with the advice and consent of the senate, appoint all 
 general officers, whose terms of office shall be for four years. 
 The governor, the generals, and regimental and battalion com- 
 manders shall appoint their own staffs, as may be provided by 
 law. 
 
 Sec. 7. The general assembly shall provide for the safe-keeping 
 of the arms, ammunition, and accoutrements, military records, 
 banners, and relics of the State. 
 
 Sec. 8. The officers and men of the militia and volunteer forces 
 shall not be entitled to, or receive any pay, rations, or emolu- 
 ments, when not in active service. 
 
 ARTICLE XIII. 
 education. 
 Sectiok 1. The general assembly shall establish, organize, and 
 maintain a system of public schools throughout the State, for the 
 equal benefit of the children thereof between the ages of seven 
 and twenty-one years ; but separate schools shall be provided for 
 the children of citizens of African descent.
 
 112 CONSTITUTION OF ALABAMA. 
 
 Sec. 2. The principal of all funds arising from the sale or other 
 disposition of lands or other property, which has been or may 
 hereafter be granted or entrusted to this State, or given by the 
 United States, for educational purposes, shall be preserved in- 
 violate and undiminished ; and the income arising therefrom 
 shall be fiiithfully applied to the specific objects of the original 
 grants or appropriations. 
 
 Sec. 3. All lands or other property given by individuals, or 
 appropriated by the State for educational purposes, and all estates 
 of deceased persons who die without leaving a will or heir, shall 
 be faithfully applied to the maintenance of the public schools. 
 
 Sec. 4. The general assembly shall also provide for the levy- 
 ing and collection of an annual poll-tax, not to exceed one dollar 
 and fifty cents on each poll, which shall be applied to the support 
 of the public schools in the counties in which it is levied and col- 
 lected. 
 
 Sec. 5. The income arising from the sixteenth section trust 
 fund, the surplus revenue fund, until it is called for by the United 
 States government, and the funds enumerated in sections three 
 and four of this article, with such other moneys, to be not less 
 than one hundred thousand dollars per annum, as the general 
 assembly shall provide by taxation or otherwise, shall be applied 
 to the support and maintenance of the public schools ; and it shall 
 be the duty of the general assembly to increase, from time to time, 
 the public school fund, as the condition of the treasury and the 
 resources of the State will admit. 
 
 Sec. 6. Not more than four per cent, of all moneys raised, or 
 which may hereafter be appropriated for the support of public 
 schools, shall be used or expended otherwise than for the payment 
 of teachers employed in such schools : Provided, That the general 
 assembly may, by a vote of two-thirds of each house, suspend the 
 operation of this section. 
 
 Sec. 7. The supervision of the public schools shall be vested 
 in a sui)erintendent of education, whose powers, duties, term of 
 oflice, and compensation shall be fixed by law. The superin- 
 tendent of education shall be elected by the qualified voters of the 
 State in such manner, and at such time, as shall be provided by 
 law. 
 
 Sec. 8. No money raised for the support of the public schools
 
 CONSTITUTION OF ALABAMA. 113 
 
 of the State shall be approi)riated to, or used for, the support of 
 any sectarian or denominational school. 
 
 Sec. 9. The State University and the Agricultural and Me- 
 chanical College shall each be under the management and control 
 of a board of trustees. The board for the university shall consist 
 of two members from the congressional district in which the uni- 
 versity is located, and one from each of the other congressional 
 districts in the State. The board for the Agricultural and Me- 
 chanical College shall consist of two members from the congres- 
 sional district in which the college is located, and one from each 
 of the other congressional districts in the State. Said trustee shall 
 be appointed by the governor, by and with the advice and consent 
 of the senate, and shall hold office for a term of six years, and 
 until their successors shall be appointed and qualified. After the 
 first appointment each board shall be divided into three classes, 
 as nearly equal as may be. The seats of the first class shall be 
 vacated at the expiration of two years, and those of the second 
 class in four years, and those of the third class at the end of six 
 years, from the date of appointment, so that one-third may be 
 chosen biennially. No trustee shall receive any pay or emolu- 
 ment, other than his actual expenses incurred in the discharge of 
 his duties as such. The governor shall be ex officio president, and 
 the superintendent of education ex officio a member of each of 
 said boards of trustees. • 
 
 Sec. 10. The general assembly shall have no power to change 
 the location of the State University, or the Agricultural and Me- 
 chanical College, as now established by law, except upon a vote 
 of two-thirds of the members of the general assembly, taken by 
 yeas and nays, and entered upon the journals. 
 
 Sec. 11. The provisions of this article, and of any act of the 
 general assembly, passed in pursuance thereof, to establish, organ- 
 ize, and maintain a system of public schools throughout the State, 
 shall apply to Mobile county only so far as to authorize and re- 
 quire the authorities designated by law to draw the portion of the 
 funds to which said county will be entitled for school purposes, 
 and to make reports to the superintendent of education, as may be 
 prescribed by law. And all special incomes and powers of tax- 
 ation, as now authorized by law for the benefit of public schools 
 in said county, shall remain undisturbed until otherwise provided
 
 114 CONSTITUTION OF ALABAMA. 
 
 by the general assembly : Provided, That separate schools for each 
 race shall always be maintained by said school authorities. 
 
 AETICLE XIV. 
 
 CORPORATIONS. — PRIVATE CORPORATIONS. 
 
 Section 1. Corporations may be formed under general laws, 
 but shall not be created by special act, except for municipal, man- 
 ufacturing, mining, immigration, industrial, and educational pur- 
 poses, or for constructing canals, or improving navigable rivers 
 and harbors of this State, and in cases where, in the judgment of 
 the general assembly, the objects of the corporation cannot be 
 attained under general laws. All general laws and special acts 
 passed pursuant to this section may be altered, amended, or re- 
 pealed. 
 
 Sec. 2. All existing charters or grants of special or exclusive 
 privileges, under which a bo7ia fide organization shall not have 
 taken place and business been commenced in good faith, at the 
 time of the ratification of this Constitution, shall thereafter have 
 no validity. 
 
 Sec. 3. The general assembly shall not remit the forfeiture of 
 the charter of any corporation now existing, or alter or amend the 
 same, or pass any general or special law for the benefit of such 
 corporation, other than in execution of a trust created by law or 
 by contract, except upon the condition that such corporation shall 
 thereafter hold its charter subject to the provisions of this Con- 
 stitution. 
 
 Sec. 4. No foreign corporation shall do any business in this 
 State without having at least one known place of business and an 
 authorized agent or agents therein ; and such corporation may be 
 sued in any county where it does business by service of process 
 upon an agent anywhere in this State. 
 
 Sec. 5. No corporation shall engage in any business other than 
 that expressly authorized in its charter. 
 
 Sec. 6. No corporation shall issue stock or bonds except for 
 money, labor done, or money or property actually received ; and 
 all fictitious increase of stock or indebtedness shall be void. The 
 stock and bonded indebtedness of corporations shall not be in- 
 creased, except in pursuance of general laws, nor without the con- 
 sent of the persons holding the larger amount in value of stock,
 
 CONSTITUTION OF ALABA3IA. 115 
 
 first obtained at a meeting to be beld after thirty days' notice is 
 given in pursuance of law. 
 
 Sec. 7. Municipal and other corporations and individuals in- 
 vested with the privilege of taking private property, for public 
 use, shall make just compensation for the property taken, injured, 
 or destroyed by the construction or enlargement of its works, 
 highways or improvements, which compensation shall be paid 
 before such taking, injury, or destruction. The general assembly 
 is hereby prohibited from depriving any person of an appeal from 
 any preliminary assessment of damages against any such corpora- 
 tions or individuals made by viewers, or otherwise ; and the 
 amount of such damages in all cases of appeal shall, on the 
 demand of either party, be determined by a jury according to law. 
 
 Sec. 8. Dues from private corporations shall be secured by 
 such means as may be prescribed by law ; but in no case shall 
 any stockholder be individually liable otherwise than for the un- 
 paid stock owned by him or her. 
 
 Sec. 9. No corporation shall issue preferred stock without the 
 consent of the owners of two-thirds of the stock of said corpora- 
 tion. 
 
 Sec. 10. The general assembly shall have the power to alter, 
 revoke, or amend any charter of incorporation now existing, and 
 revocable at the ratification of this Constitution, or any that may 
 hereafter be created, whenever, in their opinion, it may be injuri- 
 ous to the citizens of the State ; in such manner, however, that no 
 injustice shall be done to the corporators. No law hereafter en- 
 acted shall create, renew, or extend the charter of more than one 
 corporation. 
 
 Sec. 11. Any association or corporation organized for the pur- 
 pose, or any individual, shall have the right to construct and 
 maintain lines of telegraph within this State, and connect the 
 same with other lines ; and the general assembly shall, by general 
 law of uniform operation, provide reasonable regulations to give 
 full effect to this section. No telegraph company shall consoli- 
 date with, or hold a controlling interest in the stock or bonds of 
 any other telegraph company owning a competing line, or acquire, 
 by purchase or otherwise, any other competing line of telegraph. 
 
 Sec. 12. All corporations shall have the right to sue, and 
 shall be subject to be sued in all courts, in like cases as natural 
 persons.
 
 116 CONSTITUTION OF ALABAMA. 
 
 Sec. 13. The term " corporation," as used in this article, shall 
 be construed to include all joint stock companies, or any associa- 
 tions having any of the powers or privileges of corporations, not 
 possessed by individuals or partnerships. 
 
 BANKS AND BANKING. 
 
 Sec. 14. The general assembly shall not have the power to 
 establish or incorporate any bank or banking company, or 
 moneyed institution, for the purpose of issuing bills of credit, or 
 bills payable to order or bearer, except under the conditions pre- 
 scribed in this Constitution. 
 
 Sec. 15. No banks shall be established otherwise than under 
 a general banking law, nor otherwise than upon a specie basis. 
 
 Sec. 16. All bills or notes issued as money shall be at all times 
 redeemable in gold or silver, and no law shall be passed sanction- 
 ing, directly or indirectly, the suspension by any bank or banking 
 company of specie payment. 
 
 Sec. 17. Holders of bank notes, and depositors who have not 
 stipulated for interest, shall, for such notes and deposits, be en- 
 titled, in case of insolvency, to the preference of payment over all 
 other creditors. 
 
 Sec. 18. Every bank or banking company shall be required to 
 cease all banking operations within twenty years from the time of 
 its organization (unless the general assembly shall extend the 
 time), and promptly thereafter close its business ; but shall have 
 cori)orate capacity to sue and shall be liable to suit, until its 
 aftairs and liabilities are fully closed. 
 
 Sec. 19. No bank shall receive, directly or indirectly, a greater 
 rate of interest than shall be allowed by law to individuals for 
 lending money. 
 
 Sec. 20. The State shall not be a stockholder in any bank, 
 nor shall the credit of the State ever be given or loaned to any 
 banking company, association, or corporation. 
 
 RAILROADS AND CANALS. 
 
 Sec. 21. All railroads and canals shall be public highways 
 and all railroad and canal companies shall be common carriers. 
 Any association or corporation organized for the purpose shall 
 have the right to construct and operate a railroad between any 
 points in this State, and to connect, at the State line, with rail-
 
 CONSTITUTION OF ALABAMA. 117 
 
 roads of other States. Every railroad company shall have the 
 right with its road to intersect, connect with, or cross any other 
 railroad, and shall receive and transport, each, the other's Ireight, 
 passengers, and cars, loaded or empty, without delay or discrim- 
 ination. 
 
 Sec. 22. The general assemhly .shall pass laws to correct abuses 
 and prevent unjust discrimination and extortion in the rates of 
 freights and passenger tariffs on railroads, canals, and rivers in 
 this State. 
 
 Sec. 23. No railroad or other transportation company shall 
 grant free passes, or sell tickets or passes at a discount other than 
 as sold to the })ublic generally, to any member of the general 
 assembly, or to any person holding office under this State or the 
 United States. 
 
 Sec. 24. No street passenger railway shall be constructed 
 within the limits of any city or town, without the consent of its 
 local authorities. 
 
 Sec. 25. No railroad, canal, or other transportation company, 
 in existence at the time of the ratification of this Constitution, 
 shall have the benefit of any future legislation by general or 
 special laws, other than in execution of a trust created by law, or 
 by contract, except on the condition of complete acceptance of all 
 the provisions of this article. 
 
 ARTICLE XV. 
 
 OATH OF OFFICE. 
 
 Section 1. All members of the general assembly, and all 
 officers, executive and judicial, before they enter upon the execu- 
 tion of the duties of their respective offices, shall take the follow- 
 ing 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 
 the Constitution of the State of Alabama, so long as I continue a 
 citizen thereof, and that I will faithfully and honestly discharge 
 the duties of the office upon which I am about to enter to the best 
 of my ability. So help me God." 
 
 Which oath may be administered by the presiding officer of 
 either house of the general assembly, or any officer authorized by 
 law to administer an oath.
 
 118 CONSTITUTION OF ALABAMA. 
 
 ARTICLE XVI. 
 
 MISCELLANEOUS PROVISIONS. 
 
 Section 1. No person holding an office of profit under the 
 United States, except postmasters whose annual salary does not 
 exceed two hundred dollars, shall, during his continuance in such 
 oflice, hold any office of profit under this State ; nor shall any 
 person hold two offices of profit at one and the same time under 
 this State, except justices of the peace, constables, notaries public, 
 and commissioners of deeds. 
 
 Sec. 2. It is made the duty of the general assembly to enact 
 all laws necessary to give eff"ect to the provisions of this Constitu- 
 tion. 
 
 ARTICLE XVII. 
 
 mode of amending the constitution. 
 
 Section 1. The general assembly may, whenever two-thirds 
 of each house shall deem it necessary, propose amendments to 
 this Constitution, which, having been read on three several days 
 in each house, shall be duly published 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 general election which shall be held for rep- 
 resentatives, 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 the qualified electors of the State, who voted at 
 such election, voted in favor of the proposed amendments, said 
 amendments shall be valid, to all intents and purposes, as parts 
 of this Constitution, and the result of such election shall be made 
 known by proclamation of the governor. 
 
 Sec. 2. No convention shall hereafter be held for the purpose 
 of altering or amending the Constitution of this State, unless the 
 question of convention or no convention shall be first submitted 
 to a vote of all the electors of the State, and approved by a 
 majority of those voting at said election. 
 
 SCHEDULE. 
 In order that no injury or inconvenience may arise from the 
 alterations and amendments made by this Constitution to the
 
 CONSTITUTION OF ALABAMA. 119 
 
 existing Constitution of this State, and to carry this Constitution 
 into effect, it is hereby ordained and declared, — 
 
 1. That all laws in force at the ratification of this Constitution, 
 and not inconsistent therewith, shall remain in full force, until 
 altered or repealed by the general assembly ; and all rights, 
 actions, prosecutions, claims, and contracts of this State, counties, 
 individuals, or bodies corporate, not inconsistent with this Con- 
 stitution, shall continue to be as valid as if this Constitution had 
 not been ratified. 
 
 2. That all bonds executed by or to any officer of this State, 
 all recognizances, obligations, and all other instruments executed 
 to this State, or any subdivision or municipality thereof, before 
 the ratification of this Constitution, and all fines, taxes, penalties, 
 and forfeitures due and owing to this State, or any subdivision, or 
 to any municipality thereof; and all writs, suits, prosecutions, 
 claims and causes of action, except as herein otherwise provided, 
 shall continue and remain unaffected by the ratification of this 
 Constitution. All indictments which may have been found, or 
 which may hereafter be found, for any crime or offence committed 
 before the ratification of this Constitution, shall be proceeded 
 upon in the same manner as if this Constitution had not been 
 ratified. 
 
 3. That all the executive and judicial officers, and all other 
 oflScers in this State, who shall have been elected at the election 
 held in this State, on third day of November, eighteen hundred 
 and seventy-four, or who may have been appointed since that time, 
 and all members of the present general assembly, and all that may 
 hereafter be elected members of the present general assembly, and 
 all other ofl^cers holding office at the time of the ratification of 
 this Constitution, except such as hold office under any act of the 
 general assembly, shall continue in office, and exercise the duties 
 thereof until their respective terms shall expire, as provided by 
 the present Constitution and laws of this State. 
 
 4. This Constitution shall be submitted to the qualified elec- 
 tors of this State for ratification or rejection, as authorized and 
 required by an act of the general assembly of this State, entitled 
 " An act to provide for the calling of a Convention to revise and 
 amend the Constitution of this State," approved nineteenth day 
 of March, A. D. eighteen hundred and seventy-five. 
 
 5. If at said election the said Constitution shall be found to
 
 120 CONSTITUTION OF ALABAMA. 
 
 have been ratified by a majority of all of the qualified electors 
 voting at said election, the said new Constitution, so ratified, shall 
 go into eflfect as the new Constitution of the State of Alabama 
 within the time stated in the proclamation of the governor, and 
 shall thereafter be binding and obligatory as such upon all the 
 people of this State, according to the provisions of said act, ap- 
 proved nineteenth day of March, eighteen hundred and seventy- 
 five. 
 
 6. That instead of the publication as required by section twelve 
 of said act, the governor of the State is hereby authorized to take 
 such steps as will give general publicity and circulation to this 
 Constitution in as economical manner as practicable. 
 
 7. That all laws requiring an enumeration of the inhabitants 
 of this State during the year eighteen hundred and seventy-five 
 are hereby avoided. 
 
 8. That the board of education of this State is hereby abolished. 
 
 9. The salaries of the executive and judicial, and all other 
 officers of this State who may be holding office at the time of the 
 ratification of this Constitution, and the pay of the present mem- 
 bers of the general assembly shall not be aflfected by the provisions 
 of this Constitution. 
 
 Leroy Pope Walker, President. 
 
 John F. Burns, Geo. W. Delbridge, 
 
 J. H. White, Andrew J. Ingle, 
 
 Sumpter Lea, Frank A. Nisbet, 
 
 Wm. A. Smith, John Gamble, 
 
 R. A. McClellan, Isaac H. Parks, 
 
 E. D. Willett, Henry C. Lea, 
 
 Rufiis W. Cobb, Joel D. Murphree, 
 
 John W. Inzer, J. B. Kelly, 
 
 Wm. G. Little, J. N. Swan, 
 W. Garrett, _ Benj. F. Weathers, 
 
 John Manasco, Micajah L. Davis, 
 
 Lewis M. Stone, J. W. Jones, 
 
 Wiley Coleman, John S. Dickinson, 
 
 Andrew C. Hargrove, Wm. Burgess, 
 
 Evan G. Richards, P. M. Calloway, 
 
 Henry W. Laird, John P. Ralls, M. D., 
 
 Wm. J. O'Bannon, Wm. S. Mudd, 
 
 Geo. S. Gullett, John A. Foster,
 
 CONSTITUTION OF ALABAMA. 
 
 121 
 
 James L. Pugh, 
 Jos. E. P. Flournoy, 
 John D. Hudson, 
 R. O. Pickett, 
 Richard H. Powell, 
 
 E. A. O'Neal, 
 Thomas B. NeSmith, 
 Wm. Green, 
 
 F. W. Sykes, 
 
 E. H. Moren, 
 Wm. C. Gates, 
 Stephen C. Allgood, 
 Samuel J. Boiling, 
 Leroy Brewer, 
 John T. Heflin, 
 Julius G. Robinson, 
 Samuel J. Forwood, 
 John Green, 
 Robert A. Long, 
 Charles C. Langdon, 
 
 F. S. Lyon, 
 Henry A. Woolf, 
 Wm. M. Hames, 
 Thos. J. Burton, 
 B. F. Johnson, 
 Alburto Martin, 
 
 Attest : Benj. H. Screws, 
 
 R. C. Torrey, 
 M. T. Akers, 
 Albert W. Plowman, 
 Wm. A. Musgrove, 
 James D. Meadows, 
 W. J. Sam ford, 
 Geo. P. Harrison, Jr., 
 John D. Rather, 
 Cephas B. Taylor, 
 James Aiken, 
 E. A. Powell, 
 A. C. Gordon, 
 Cullen A. Battle, 
 Jonathan Bliss, 
 D. B. Booth, • 
 S. T. Prince, 
 A. A. Sterritt, 
 H. J. Livingston, 
 Wm. M. Lowe, 
 S. S. Scott, 
 Charles Gibson, 
 Thomas H. Herndon, 
 Jesse E. Brown, 
 David S. Nowlin, 
 John H. Norwood, 
 Montgomery Gilbreath. 
 Secretary.
 
 APPENDIX. 
 
 «>-o>«>io<> 
 
 GOVERNORS OF THE MISSISSIPPI TERRITORY, THE ALA- 
 BAMA TERRITORY, AND THE STATE OF ALABAMA. 
 
 The Mississippi Territory. 
 
 From To 
 
 Winthrop Sargent of Massachusetts 1798 1801 
 
 William Charles Cole Claiborne of Tennessee . .1801 1805 
 
 Robert Williams of North Carolina 1805 1809 
 
 David Holmes of Virginia 1809 1817 
 
 The Alabama Territory. 
 
 William Wyatt Bibb of Georgia Mar. 1817 Nov. 1819. 
 
 The State of Alabama. 
 
 William Wyatt Bibb of Autauga Nov.> 1819 July 1820. 
 
 Thomas Bibb of Limestone July 1820 Nov. 1821. 
 
 Israel Pickins of Greene Nov. 1821 Nov. 1825. 
 
 John Murphy of Monroe Nov. 1825 Nov. 1829. 
 
 Gabriel Moore of Madison Nov. 1829 Mar. 1831. 
 
 Samuel B. Moore of Jackson Mar. 1831 Nov. 1831. 
 
 John Gayle of Greene . . Nov. 1831 Nov. 1835. 
 
 Clement Comer Clay of Madison .... Nov. 1835 July 1837. 
 
 Hugh McVay of Lauderdale July 1837 Nov. 1837, 
 
 Arthur Pendleton Bagby of Monroe . . Nov. 1837 Nov. 1841. 
 
 Benjamin Fitzj)atrick of Autauga .... Nov. 1841 Nov, 1545. 
 
 Joshua Lanier Martin of Tuscaloosa . . . Nov. 1845 Nov. 1847. 
 
 Reuben Chapman of Madison Nov. 1847 Nov. 1849. 
 
 Henry Watkins Collier of Tuscaloosa . . Nov. 1849 Nov. 1853. 
 
 John Anthony Winston of Sumter .... Nov. 1853 Nov. 1857. 
 
 Andrew Barry Moore of Perry Nov. 1857 Nov. 1861. 
 
 John Gill Shorter of Barbour Nov. 1861 Nov. 1863. 
 
 Thomas Hill Watts of Montgomery . . . Nov. 1863 Apr. 1865, 
 
 1 Governor Bibb was inaugurated as governor at Huntsville on November 9, 
 1819, although the State was not formally admitted into the Union until Decem- 
 ber 14, 1819. (See % 43.) 
 
 122
 
 APPENDIX. 123 
 
 [Interregnum of two months after the surrender of the military de- 
 partment of the Confederate government, of which Alabama formed a 
 part, to the Federal authorities. (See 1[ 54.)] 
 
 From To 
 
 Lewis E. Parsons ' of Talladega .... June 1865 Dec. 1865. 
 
 Robert Miller Patton of Lauderdale . . . Dec. 1865 July 1868. 
 
 William H. Smith of Randolph July 1868 Dec. 1870. 
 
 Robert Burns Lindsay of Colbert Dec. 1870 Nov. 1872. 
 
 David P. Lewis of Madison Nov. 1872 Nov. 1874. 
 
 George Smith Houston Nov. 1874 Nov. 1878. 
 
 Rufus W. Cobb of Shelby Nov. 1878 Dec. 1882. 
 
 p:dward Asbury O'Neal of Lauderdale . . Dec. 1882 Dec. 1886. 
 
 Thomas Seay of Hale Dec. 1886 Dec. 1890. 
 
 Thomas Goode Jones of Montgomery . . .Dec. 1890 Dec. 1894. 
 
 William C. Gates of Henry Dec. 1894 
 
 1 Appointed provisional governor of Alabama by President Johnson. (See 
 
 1147.)
 
 124 
 
 APPENDIX. 
 
 Comparative View of the Population of the Sev- 
 eral Counties of Alabama, according to the Cen- 
 sus of 1880 and the Census of 1890. 
 
 County. 
 
 County Seat 
 
 
 Population 
 in 1880. 
 
 Population 
 in 1890. 
 
 Increase 
 percent. 
 
 Autauga .... 
 
 Prattville . . 
 
 
 13,108 
 
 13,330 
 
 1.69 
 
 Baldwin 
 
 
 
 
 Daphne . . . 
 
 
 8,603 
 
 8,941 
 
 3.93 
 
 Barbour 
 
 
 
 
 Clayton . . . 
 
 
 33,979 
 
 34,898 
 
 2.70 
 
 Bibb . . 
 
 
 
 
 Centreville . 
 
 
 9,487 
 
 13,824 
 
 45.72 
 
 Bluunt . 
 
 
 
 
 Oneonta . . 
 
 
 15,369 
 
 21,927 
 
 42.67 
 
 Bullock . 
 
 
 
 
 Union Springs 
 
 
 29,066 
 
 27,063 
 
 6.89* 
 
 Butler . 
 
 
 
 
 Greenville 
 
 
 19,649 
 
 21,641 
 
 10.14 
 
 Calhoun 
 
 
 
 
 Jacksonville . 
 
 
 19,591 
 
 33,835 
 
 72.71 
 
 Chambers 
 
 
 
 
 La Fayette . 
 
 
 23,440 
 
 26,319 
 
 12.28 
 
 Cherokee 
 
 
 
 
 Centre . . . 
 
 
 19,108 
 
 20,459 
 
 7.07 
 
 Chilton . 
 
 
 
 
 Clanton . . 
 
 
 10,793 
 
 14,549 
 
 34.80 
 
 Choctaw 
 
 
 
 
 Butler . . . 
 
 
 15,731 
 
 17,526 
 
 11.41 
 
 Clarke . 
 
 
 
 
 Grove Hill . 
 
 
 17,806 
 
 22,624 
 
 27.06 
 
 Clay . . 
 
 
 
 
 Ashland . . 
 
 
 12,938 
 
 15,765 
 
 21.85 
 
 Cleburne 
 
 
 
 
 Edwardsville 
 
 
 10,976 
 
 13,218 
 
 20.43 
 
 Coflee . 
 
 
 
 
 Elba .... 
 
 
 8,119 
 
 12,170 
 
 49.90 
 
 Colbert . 
 
 
 
 
 Tuscumbia. . 
 
 
 16,153 
 
 20,189 
 
 24.99 
 
 Conecuh 
 
 
 
 
 Evergreen . 
 
 
 12,605 
 
 14,594 
 
 15.78 
 
 Coosa . . 
 
 
 
 
 Rock ford . . 
 
 
 15,113 
 
 15,906 
 
 5.25 
 
 Covington 
 
 
 
 
 Andalusia . . 
 
 
 5,639 
 
 7,536 
 
 33.64 
 
 Crenshaw 
 
 
 
 
 Rutledge . . . 
 
 
 11,726 
 
 15,425 
 
 31.55 
 
 Cullman 
 
 
 
 
 Cullman . . 
 
 
 6,355 
 
 13,439 
 
 111.47 
 
 Dale . . 
 
 
 
 
 Ozark . . . 
 
 
 12,677 
 
 17,225 
 
 35.88 
 
 Dallas . 
 
 
 
 
 Selma . . . 
 
 
 48,433 
 
 49,350 
 
 1.89 
 
 De Kalb 
 
 
 
 
 Fort Payne . 
 
 
 12,675 
 
 21,106 
 
 66.52 
 
 p]lraore . 
 
 
 
 
 Wetumpka . 
 
 
 17,502 
 
 21,732 
 
 24.17 
 
 Escambia 
 
 
 
 
 Brewton . . . 
 
 
 5,719 
 
 8,666 
 
 51.53 
 
 Etowah . . 
 
 
 
 
 Gadsden . . 
 
 
 15,398 
 
 21,926 
 
 42.40 
 
 Fayette . . 
 
 
 
 
 Fayette . . . . 
 
 
 10,135 
 
 12,823 
 
 26.52 
 
 Franklin 
 
 
 
 
 Belgreen . . 
 
 
 9,155 
 
 10,681 
 
 16.67 
 
 Geneva . 
 
 
 
 
 Geneva . . . . 
 
 
 4,342 
 
 10,690 
 
 146.20 
 
 (ireene . 
 
 
 
 
 Eutaw . . . 
 
 
 21,931 
 
 22,007 
 
 0.35 
 
 Hale . . . 
 
 
 
 
 Greensboro . 
 
 
 26,553 
 
 27,501 
 
 35.70 
 
 Henry . 
 
 
 
 
 Abbeville . . 
 
 
 18,761 
 
 24,847 
 
 32.44 
 
 Jackson . 
 
 
 
 
 Scottsboro . . 
 
 
 25,114 
 
 28,026 
 
 11.60 
 
 Jefferson 
 
 
 
 
 Birmingham 
 
 
 23,272 
 
 88,501 
 
 280.29 
 
 Lamar 
 
 
 
 
 Vernon . . . . 
 
 
 12,142 
 
 14,187 
 
 16.84 
 
 Lauderdale . 
 
 
 
 Florence . . . 
 
 
 21,035 
 
 23,739 
 
 12.85 
 
 Lawrence . . 
 
 
 
 Moulton . . 
 
 
 21,392 
 
 20,725 
 828,810 
 
 3.12* 
 
 Carried forward 
 
 641,590 
 
 * • • 
 
 * Decrease.
 
 APPENDIX. 
 
 125 
 
 
 
 Population 
 
 Population 
 
 Increase 
 
 County. 
 
 County Seat. 
 
 
 in 1880. 
 
 in 1890. 
 
 per cent. 
 
 Br't forward . . 
 
 
 
 641,590 
 
 828,810 
 
 
 Lee .... 
 
 
 Opelika . . 
 
 
 
 27,262 
 
 28,694 
 
 5.25 
 
 Limestone 
 
 
 
 Athens . . 
 
 
 
 21,600 
 
 21,201 
 
 1.85* 
 
 Lowndes . 
 
 
 
 Hayneville 
 
 
 
 31,176 
 
 31,550 
 
 1.20 
 
 Macon . . 
 
 
 
 Tuskegee . 
 
 
 
 17,371 
 
 18,439 
 
 6.15 
 
 Madison . 
 
 
 
 Huntsville 
 
 
 
 37,625 
 
 38,119 
 
 1.31 
 
 Marengo . 
 
 
 
 Linden . . 
 
 
 
 30,890 
 
 33,095 
 
 7.14 
 
 Marion . . 
 
 
 
 Hamilton . 
 
 
 
 9,364 
 
 11,347 
 
 21.18 
 
 Marshall . 
 
 
 
 Guntersville 
 
 
 
 14,585 
 
 18,935 
 
 29.83 
 
 Mobile . . 
 
 
 
 Mobile . . 
 
 
 
 48,653 
 
 51,587 
 
 6.03 
 
 Monroe 
 
 
 
 Monroeville 
 
 
 
 17,091 
 
 18,990 
 
 11.11 
 
 Montgomery- 
 
 
 
 Montgomery 
 
 
 
 52,356 
 
 56,172 
 
 7.29 
 
 Morgan . . 
 
 
 
 Somerville 
 
 
 
 16,428 
 
 24,089 
 
 46.63 
 
 Perry . . 
 
 
 
 Marion . . 
 
 
 
 30,741 
 
 29,332 
 
 4.58* 
 
 Pickens . . 
 
 
 
 Carrollton 
 
 
 
 21,479 
 
 22,470 
 
 4.61 
 
 Pike . . 
 
 
 
 Troy . . . 
 
 
 
 20,640 
 
 24,423 
 
 18.33 
 
 Randolph . 
 
 
 
 Wedowee . 
 
 
 
 16,575 
 
 17,219 
 
 3.89 
 
 Russell . . 
 
 
 
 Scale . . . 
 
 
 
 24,837 
 
 24,093 
 
 3.00* 
 
 St. Clair . 
 
 
 
 Ashville . 
 
 
 
 14,462 
 
 17,353 
 
 19.99 
 
 Shelby . . 
 
 
 
 Columbiana 
 
 
 
 17,236 
 
 20,886 
 
 21.18 
 
 Sumter . . 
 
 
 
 Livingston 
 
 
 
 28,728 
 
 29,574 
 
 2.94 
 
 Talladega 
 
 
 
 Talladega 
 
 
 
 23,360 
 
 29,346 
 
 25.63 
 
 Tallapoosa 
 
 
 
 Dadeville 
 
 
 
 23,401 
 
 25,460 
 
 8.80 
 
 Tusoaloosa 
 
 
 
 Tuscaloosa 
 
 
 
 24,957 
 
 30,352 
 
 21.62 
 
 Walker . . 
 
 
 
 Jasper . . 
 
 
 
 9,479 
 
 16,078 
 
 69.62 
 
 Washington 
 
 
 
 St. Stephens 
 
 
 
 4,-538 
 
 7,935 
 
 74.86 
 
 Wilcox 
 
 
 
 Camden 
 
 
 
 31,828 
 
 30,816 
 
 3.18* 
 
 Winston . 
 
 
 
 Double Springs . 
 
 4,253 
 1,262,505 
 
 6,552 
 
 54.96 
 
 Total for tlie Sta 
 
 te 
 
 
 , 
 
 1,613,017 
 
 19.84 
 
 * Decrease.
 
 126 
 
 APPENDIX. 
 
 Cities and Towns in Alabama having a Popula- 
 tion of over lOOO, according to the Census of 
 
 1890. 
 
 Names. 
 
 Mobile Mobile 
 
 Counties in which located. 
 
 Birmingham . 
 
 Montgomery . 
 
 Anniston . . 
 
 Muntsville . . 
 Selraa .... 
 
 Florence . . . 
 
 Bessemer . . 
 
 Eufaula . • . 
 
 Tuscaloosa . . 
 
 Opelika . . . 
 
 Bhrenix City . 
 New Decatur 
 Troy . . 
 
 Gadsden . . . 
 
 Greenville . ■ 
 
 Decatur . . . 
 Sheffield . 
 
 Fort Payne . . 
 
 Tuscumbia . . 
 
 Talladega • . 
 Union Springs 
 
 Marion . . . 
 
 Pratt Mines . 
 
 Demopolis . . 
 
 Tuskegee . - 
 
 Evergreen . . 
 
 Greensboro . . 
 
 Avondale . . 
 
 Woodlawn . . 
 
 Oxford . . . 
 
 Auburn . . . 
 
 Tallassee . . . 
 
 La F^iyette • . 
 Attalla .... 
 Jacksonville 
 
 Jefferson . . 
 Montgomery 
 Calhoun . . 
 Madison . . 
 Dallas . . 
 Lauderdale ■ 
 Jefferson . . 
 Barbour . . 
 Tuscaloosa . 
 Lee .... 
 Lee .... 
 Morgan . . 
 Pike .... 
 Etowah . . 
 Butler . . . 
 Morgan . . 
 Colbert . . 
 De Kalb . . 
 Colbert . . 
 Talladega . 
 Bullock . . 
 Perry . . . 
 Jefferson . . 
 Marengo . . 
 Macon . . . 
 Conecuh . . 
 Hale . . . 
 Jefferson . . 
 Jefferson . . 
 Calhoun . . 
 Lee . . . . 
 Elmore . . 
 Chambers . 
 Etowah . . 
 Calhoun . . 
 
 Ozark Dale 
 
 Eutaw . . 
 Brewton . 
 Cullman . 
 Gainesville 
 
 Greene 
 Escambia 
 Cullman • 
 Sumter 
 
 Population. 
 
 31,076 
 26,178 
 21,883 
 9,998 
 7,995 
 7,622 
 6,012 
 4,544 
 4,394 
 4,215 
 3,703 
 3,700 
 3,565 
 3,449 
 2,901 
 2,806 
 2,765 
 2,731 
 2,698 
 2,491 
 2,063 
 2,049 
 1,982 
 1,946 
 1,898 
 1,803 
 1,783 
 1,759 
 1,642 
 1,506 
 1,473 
 1,440 
 1,413 
 1,369 
 1,254 
 1,237 
 1,195 
 1,125 
 1,115 
 1,017 
 1,017
 
 (The numbers refer to paragraphs except where the page is indicated.) 
 
 Adjutant-general, p. 44, n. 1 
 
 Administrative boards and officers. 
 State, 81 
 
 Agricultural and Mechanical Col- 
 lege, 55 
 
 Agricultural schools, 55 
 
 Alabama-Bryce Insane Hospital, 56 
 
 Alabama, interpretation of name, 
 p. 22, n. 1 
 
 Alabama Territory, 34-38 
 
 Assembly, General, 63 
 
 Attorney-general, 73 
 
 Auditor, State, 72 
 
 Ballot, 128, 130 
 
 Bienville, 9-11 
 
 Board of assessment. State, 88 
 
 Board of equalization, county, 96 
 
 Board of health, county, 102 
 
 Board of health. State, 80 
 
 Boards of revenue, county, p. 58, n. 2 
 
 Candidates, nomination of, 124 
 
 Capitals, State, 44 
 
 Chancery courts, 87 
 
 Circuit courts, 84 
 
 Circuit solicitor, 86 
 
 Citizen, 59 
 
 City, 111 
 
 City attorney, 116 
 
 City council, 113 
 
 City courts, 85 
 
 City government, functions of, 112 
 
 Civil war, 53, 54 
 
 Clerk, city, 115 
 
 Clerk of circuit court, 93 
 
 Clerk of probate court, 91 
 
 Commissioner of agriculture, 75 
 
 Commissioners, county, 94 
 
 Committees, 64, 65 
 
 Constable, 107 
 
 Constitution of Alabama, first, 39- 
 
 42 
 Constitution of Alabama, present, 
 
 text of, pp. 79-121 
 Contests of election, 134 
 Conventions, 124, 125 
 Convict inspectors, 79 
 Coroner, 99 
 County court, 91 
 County officers, 89 
 County organization, 89 
 Countj'-seat, 90 
 County solicitor, p. 57, n. 1 
 County surveyors, 101 
 
 Deaf and dumb and blind in- 
 stitutes, 56 
 De Soto, 1-6 
 Division of powers, 62 
 
 Elections, 126 
 
 Election officers, 129 
 
 Electors, 60 
 
 English occupancy, 13-17 
 
 Examination of teachers, 100 
 
 Examiner of public accounts. State, 
 
 76 
 Executive department, 67 
 
 Framers of first constitution, 
 
 40 ; p. 26, n. 1 
 French exploration, 7-9 
 French settlement, 9-11 
 
 127
 
 128 
 
 INDEX. 
 
 French-Indian war, 13 ; p. 11, n. 1 
 Functions of State government, 61 
 
 General Assembly, 63 
 Governor, 68, 69 
 
 House of Eepresentatives, 65 
 
 Iberville, 8, 9 
 Impeachment, 64, 83 
 Income of the State, 88 
 Inspector of mines, 77 
 
 Judicial department, 82 
 Jury commissioners, 95 
 Justice of the peace, 105 
 
 La Salle, 7, 8 
 Law-making, 66 
 Legislative power, 63 
 
 Marshal, 117 
 
 Mayor, 114 
 
 Militia, 69; p. 44, n. 2 
 
 Mississippi Territory, 21-33 
 
 Municipal government, 109-118 
 
 Municii)al revenues, 118 
 
 Normal schools, 55 
 Notary puhlic, 106 
 
 Officers-elect, 133 
 
 Parties, political, 119-123 
 
 Party organization, 123 
 
 Pension examiners, 103 
 
 Poor, support of, 94 
 
 Precinct, 104 
 
 Primaries, 124 
 
 Private secretary of governor, p. 
 
 43, n. 1 
 Probate judge, 91 
 Public education, 42, 55, 74, 100, 108, 
 
 112 
 
 Eailroad Commissioners, 78 
 Reconstruction, 47-51 
 Register in chancery, 87 
 Registrars, 127 
 
 Representatives, House of, 65 
 Result of election, declaration of. 
 132 
 
 School trustees, 108 
 
 Secession, ordinance of, 45 
 
 Secretary of State, 70 
 
 Senate, 64 
 
 Settlement, first, 9, 10 
 
 Sheriff, 92 
 
 Spanish conquest, 18-20 
 
 Spanish exploration, 1-6 
 
 State executive officers, 67 
 
 State troops, 69 
 
 Superintendent of education, coun- 
 ty, 100 
 
 Superintendent of education. State, 
 74 
 
 Supervisors of elections, 132 
 
 Supreme court, 83 
 
 Taxation, 88, 94, 118 
 Tax assessor, 96 
 Tax collector, 97 
 Town, 109 
 Town officers, 110 
 Township, 108 
 Treasurer, county, 98 
 Treasurer, State, 71 
 Trustees of township, 108 
 
 University of Alabama, 42, 55 
 
 Veto power, 66 
 Village, p. 64, n. 1. 
 Voter, 60 
 Voting, method of, 130 
 
 Wards, 113
 
 i 
 
 
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 By JOHN S. HART, LL.D., 
 
 Late Professor of Rhetoric and of the English Language in the 
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 Language Lessons for Beginners, 
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