alabama constitution 1875

Sec. That no person shall, for the same offense, be twice put in jeopardy of life or limb. It was replaced by the Alabama Constitution of 1875, which rolled back the more progressive elements of the 1868 Constitution, signaling the collapse of Reconstruction. 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 ail the provisions of this article. F. WEATHERS, MICAJAH L. DAVIS, J. W. JONES, JOHN S. DICKINSON, WM. 4. Sec. 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. 30. No person hereafter convicted of embezzlement of the 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. This Constitution shall be submitted to the qualified electors 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, anno domini eighteen hundred and seventy-five. 7. 26. 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 services performed by either of such officers, shall be paid in advance into the state treasury. The Bourbon Democrats, or "Redeemers," having claimed to “redeem” the Alabama people from the Reconstruction rule of carpetbaggers and scalawags, wrote a new constitution to replace the one of 1868. Sec. Sec. 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. 16. 10. 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. Section 4 - Freedom of speech and press. 15. 25. Sec. W. DELBRIDGE, ANDREW J. INGLE, FRANK A. NISBET, JOHN GAMBLE, ISAAC H. PARKS, HENRY C. LEA, JOEL D. MURPHREE, J.B.KELLY, J. N. SWAN, F. W. SYKES, E. H. MOREN WM. Vacancies in the office of any of the judges or chancellors of this state shall be filled by appointment by the governor; and such appointee shall hold his office for the unexpired term, and until his successor is elected or appointed and qualified. Sec. 8. All indictments which may have been found, or which may hereafter be found, for any crime or offense committed before the ratification of this Constitution, shall be proceeded upon in the same manner as if this Constitution had not been ratified. 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 representatives, and apportion them among the several counties of the state; provided, that each county shall be entitled to at least one representative. 21. Use this page to navigate to all sections within the Alabama Constitution of 1901. 22. Section 1. 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 returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place. Sec. 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 representatives, who shall, during the first week of the session to which said returns shall be made, open and publish them in the presence of both houses of the general assembly in joint convention. Banks and Financial Institutions Title … 19. S. GULLETT, GEO. Sec. 8. S. MUDD, JOHN A. 24. Any association or corporation organized for the purpose, 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. Also during Houston's two-term administration, the Alabama Constitutional Convention of 1875 was held. The personal property of any resident of this state, to the value of one thousand dollars, to be selected by such resident, 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. 4. 29. Sec. 35. 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 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. Whenever 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. M. LOWE, S. S. SCOTT, CHARLES GIBSON, THOMAS H. HERNDON, JESSE E. BROWN, DAVID S. NOWLIN, JOHN H. NORWOOD MONTGOMERY GILBREATH, Attest: BENJ. Section 1. Alabama has had six constitutions to date, all established via State Conventions: 1819 (converting Alabama Territory into a State), 1861 (Secession), 1865 (Reconstruction), 1868 (Reconstruction), 1875 (ending Reconstruction), and, from 1901, the current document. 6. Alabama was admitted to the Union on December 14, 1819. 2. 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. 3. Sec. The doors of each house shall be open, except on such occasions as, in the opinion of the house, may require secrecy. 7. Sec. Section 1. 16. BATTLE, JONATHAN BLISS, D. B. BOOTH, S. T. PRINCE, A. Sec. Sec. Image of Benjamin Fitzpatrick, President of the 1865 Constitutional Convention. 4. Fitzpatrick was governor of Alabama from 1841 to 1845 and was President of the Constitutional Convention of 1865. Sec. That temporary absence from the state shall not cause a forfeiture of residence once obtained. The governor may, by proclamation, on extraordinary occasions, convene the general assembly at the seat of government, or at a different place, if, since their last adjournment, that shall have become dangerous from an enemy, or from 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. 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 inure to her benefit. Sec. 4. Section 1. Provided, that the right of trial by jury and appeal in such cases be secured. 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. 31. 4. It shall be the duty of the general assembly to require the several counties of this state to make adequate provision for the maintenance of the poor. The superintendent 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. 15. Sec. Sec. 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 members 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. The stock and bonded indebtedness of corporations shall not be increased, except in pursuance of general laws, nor without the consent of the persons holding the larger amount in value of stock, first obtained at a meeting to be held after thirty days’ notice given in pursuance of law. All general laws and special acts passed pursuant to this section may be altered, amended, or repealed. Sec. Sec. 37. Section 1. That every citizen has a right to bear arms in defense of himself and the state. 9. Volunteer organizations of infantry, cavalry, and artillery may be formed in such manner, and under such restrictions, and with such privileges, as may be provided by law. Sec. A. STERRITT, H. J. LIVINGSTON, WM. The provisions of sections 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. Each house shall keep a journal of its proceedings, and cause the same to be published immediately after its adjournment, 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. In the year 1880, at the general election for members to the general assembly, sheriffs shall be elected for four years as herein provided. 39. The real and personal property of any female in this state, acquired before marriage, and all property, real and personal, to which she may afterwards be entitled by gift, grant, inheritance, 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. 5. Section 1. Sec. That excessive fines shall not be imposed, nor cruel or unusual punishments be inflicted. 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. Sec. No money raised for the support of the public schools of the state shall be appropriated to, or used for, the support of any sectarian or denominational school. 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. Municipal and other corporations and individuals invested 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. 11. Sec. 27. Sec. No person, or collection of persons, being of one of those departments, shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted. J. BURTON, B. F. JOHNSON, ALBURTO MARTIN, R. C. TORREY, M. T. AKERS, ALBERT W. PLOWMAN, WM. 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. Section 1. Sec. A member of the general assembly who shall corruptly solicit, demand, or receive, or consent to receive, directly or indirectly, for himself, for another, from any company, corporation, or person, any money, office, appointment, employment, reward, thing of value or enjoyment, or of personal advantage, or promise thereof, for his vote or official influence, or for withholding 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 consideration 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 such offense, and such additional punishment as is, or shall be, provided by law. 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