A digest of the laws of the state of Alabama containing all the statutes of a public and general nature, in force at the close of the session of the General Assembly, in January 1833 : to which are prefixed, the Declaration of Independence, the Constitution of the United States, the Act to enable the people of Alabama to form a constitution and state government, &c., and the Constitution of the state of Alabama : with an appendix and a copious index, and also a supplement containing the public acts for the years 1833, 1834 and 1835

Front matter

The Library of Congress’

EARLY STATE RECORDS PROJECT converted from the original microfilm held by the Vincent C. Immel Law Library, Saint Louis University through the generous support of a grant from the

Council on Library and Information Resources iy 3 "

Section 2

1. The house of representatives shall be composed of members chosen every second year by the people of the several states; and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature.

2. No person shall be a representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen.

3. Representatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand, but each state shall have at least one representative ; and until such enumeration shall be made, the state of New Hampshire

Legislative powers.

Members of house of re presentatives, how chosen.

Qualification of members of house of representatives.

Apportionment of representatives.

shall be entitled to choose three; AZassachusetis eight; Rhode Island © and Providence Plantations one; Connecticut five; New York six; New Jersey four; Pennsylvania eight; Delaware one; Maryland six; Virginia ten; North Carolina five; South Carolina five; and Georgia three.

4, When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fil! such vacancies, ;

5. The house of representatives shall choose their speaker and cther officers, and shall have the power of impeachment.

| SECTION 3.

A 1. The. senate of the United States shall be composed of two senators from each state, chosen by the Jegislature thereof, for six years ; and each senator shall have one vote. ©

Vacancies how filled.

H. of rep. to choose their officers— power of impeachment.

Senate, how chosen.

XIV

Senators classed.

Vacancies, how filled.

Senators’ qualifica- _ tion.

; CONSTITUTION OF THE UNITED STATES. 2. Immediately after they shall be assembled in consequence of the first election, they shall be divided, as equally as may be, into three classes. The seats of the senators of the first class shall be vacated at the expiration of the second year, of the’ second class at the expiration of the fourth year, and of the third class at the- expiration of the sixth year, so that one-third may be chosen every second year; and if vacancies happen, by resignation or otherwise, during the recess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legisiature, which shall then fill such vacancies.

- 8. No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States,

.and who shall not, when elected, be an inhabitant of that state for

Vice president.

Senate to choose officers.

Try impeachments.

Judgment on impeachment e which he shall be chosen.

4. The vice president of the United States shall be president of the senate, but shall have no vote, unless they be equally divided.

5. The senate shall choose their other officers, and also a president pro tempore, in the absence of the vice president, or when he shall exercise the office of president of the United States.

6. The senate shall have the sole power to try all impeachments. When’ sitting for that purpose they shall be on oath or affirmation. When the president of the United States is tried, the chief justice shall preside; and no person shall be convicted without the concurrence of two-thirds of the members present.

7. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honour, trust, or profit, under the United States; but the party

' convicted shall nevertheless be liable and subject to indictment, trial,

Elections, - how held.

Congress assemble annually.

how judged.

Quorum in senate and house of rep.

Rules.

Journals of ~

.- ~gach house.

Yeas and nays.

judgment, and punishment according to law. ~

Section 4. |

1. The times, places, and manner of holding elections for senatorsand representatives, shall be prescribed in each state by the legislature thereof; but the congress may, at any time, by law, make or alter such regulations, except as to the places of choosing senators.

2. The congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day. .

Section 5

1. Each house shall be the judge of the elections, returns, and qualifications of its own members; and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner and under such penalties as each house may provide.

2. Each house may determine the rule of its proceedings, punish its members for disorderly behaviour, and, with the concurrence of two-thirds, expel a member.

3. Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy ; and the yeas and nays of the members of either wT

CONSTITUTION OF THE UNITED STATES. ' XV house; on any question, shall, at the desire of one-fifth of those present, be entered on the journal.

4, Neither house, during the session of congress, shall, without the Adjournconsent of the other, adjourn for more than three days, nor to any ™"” other place than that in which the two houses shall be sitting.

Section 6

1. The senators and representatives shall receive a compensation Compensafor their services, to be ascertained by law, and paid’ out of the trea- “™ sury of the United States. They shall, in-all cases, except treason, Privileges. felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to or returning from the same; and for any speech or debate in either . house, they shall not be questioned in any other place.

2. No senator or representative shall, during the time for which he Members not was elected, be appointed to any civil office under the authority of the cigible to United States, which shall have been created, or the emoluments ' whereof shall have been increased, during such time ; and no person holding any office under the United States shall be a member of either house during his continuance in office. }

Section 7

1. All bills for raising revenue shall originate in the house of repre- Revenue sentatives ; but the senate may propose or concur with amendments, as on other bills. ;

2. Every bill which shall have passed the house of representatives Passing and the senate, shall, before it become a law, be presented to the pre- bills. sident of the. United States; if he approve, he shall sign it, but if not, ‘he shall return it, with his objections, to that house in which it shall Veto. have originated, who shall enter the objections at large on their jour- | nal, and proceed to reconsider it. If, after such reconsideration, two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of that house, it shall become alaw. But in all such cases, the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the president within ten 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 congress by their adjournment prevent its return, in which case it shall not be a law.

3. Every order, resolution, or vote, to which the concurrence of the Resotutions, ‘senate and house of representatives may be necessary, (except on a £°.05” question of adjournment,) shall be presented to the president of the United States ; and before tlre same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two-thirds - of the senate and house of representatives, according to the rules and limitations prescribed in the case of a bill..

xvi

Powers of congress.

Taxes.

Loans.

Commerce.

Naturaliza-

Coin, weights and measures.

Punish counterfeiting.

Post offices, &

Cc.

Science and arts.

Courts.

Punish piracies, &c.

Declare war.

Raise ar- _ mies.

_ Navy.

Military law.

-Call out the militia.

Organize militia.

Exclusive jurisdiction. |

Make all aws neces-

. ary, &e.

Importation of slaves after 1808.

CONSTITUTION OF THE UNITED STATES.

SECTION 8. The congress shall have power— |

1. To lay and collect taxes, dutiés, imposts, and excises ; to pay the debts and provide for the common defence and general welfare of the United States ; but all duties, imposts, and excises, shall be uniform | throughout the United States: —

2. To borrow money on the credit of the United States :

3. To regulate commerce with foreign nations, and among the several states, and with the Indian tribes :

4. To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States :

5. ‘To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures :

6. To provide for the punishment—of counterfeiting the securities and current coin of the United States:

7. To establish post-offices and post-roads : ,

8. ‘T'o promote the progress of science and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries: —

9. 'To constitute tribunals inferior to the supreme court: 'To define and punish piracies and felonies committed on the high seas, and offences against the law of nations :

10. ‘To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water :

11. Toraise and support armies; but no appropriation of money to that use shall be for a longer term than two years:

12. To provide and maintain a navy:

13. To make rules for the government and regulation of the land | and naval forces : :

14. To provide for calling forth the militia to execute the laws of the union, suppress insurrections, and repel invasions :

15. To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be-employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by congress :

16. 'T'o exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of congress, become the seat of government of the United States, and to exercise like authority over all places purchased, by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings :—and,

17. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof.

Section 9

1, The migration or importation of such persons as any of the states now existing shall think proper. to admit, shall not be prohibited by the congress prior to the year one thousand eight hundred and eight,

CONSTITUTION OF THE UNITED STATES. XVii &

but'a tax of duty may be imposed on such importation, not exceeding

ten dollars for each person. .

-2, The privilege of the writ of habeas corpus shall not be suspend- Habeas cored, unless when, in cases of rebellion or invasion, the public safety Pus. may require it, ee,

2. No bill of attainder, or ex post facto law shall be passed. Attainder.

4, No capitation or other direct tax shall be laid,- unless in propor- ‘Tax. tion to the census or enumeration herein before directed to be taken.

5. No tax or duty shall be laid on articles exported from any state. No exporta- No preference shall be given by any regulation of commerce or reve- "0" %™!Ynue to the ports of one state over those of another; nor shall vessels bound +o or from one state, be obliged to enter, clear, or pay duties inanother.

6. No money shall be drawn from the treasury, but in consequence Money, how of appropriations made by law: and a regular statement and account 4'@wa. of the receipts and expenditures of all public money shall be published from time totime. <~ — re . % No title of nobility shall be granted by the United States, and no Titles of no-

; an . bility not alperson holding any office of profit or trust under them, shall, without jowed. the consent of the congress, accept of any present, emolument, office, or title of any kind whatever, from any king, prince, or foreign state