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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.
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 compulsory process for obtaining witnesses in his favor, and in all prosecutions 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 himself, nor be deprived of life, liberty, or property, but by due process of law.
8. That no person shall be accused, or arrested, or detained, 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.
9. That no person shall for any indictable' offense, be proceeded against criminally, by information; except in cases arising in the militia and volunteer forces when in actual service, or, by leave of the court, for malfeasance, misdemeanor, extortion and oppression in office, otherwise than is provided in this Constitution: Provided, That in case of petit larceny, assault, assault and battery, affray, unlawful assemblies, vagrancy, and other misdemeanors, the General Assembly may, by law, dispense with a grand jury, and authorize such prosecutions and proceedings before justices of the peace, or such other inferior courts as may be by law established.
10. That no person shall, for the same offense, be twice put in jeopardy of life or limb.
11. That no person shall be barred from prosecuting or defending, before any tribunal in this State, by himself or counsel, any civil cause to which he is a party.
12. That the right of trial by jury shall remain in violate.
13. That in prosecutions for the publication of papers investigating the official conduct of officers or men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence; and that in all indictments for libel, the jury shall have the right to determine the law and the facts, under the direction of the court.
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.
15. That the State of Alabama shall never be made a defend. ant in any court of law or equity.
16. That excessive fines shall not be imposed, nor cruel or unusual punishments inflicted.
17. That all persons shall, before conviction, be bailable by 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.
18. That the privilege of the writ of habeas corpus shall not be suspended by the authorities of this State.
19. That treason against the State shall consist only in levy. ing 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 confession in open court.
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.
21. That no person shall be imprisoned for debt.
22. That no power of suspending laws shall be exercised, except by the General Assembly.
23. That no ex post facto law, or any law, impairing the obligation of contracts, or making any irrevocable grants of special privileges, or immunities, shall be passed by the General Assembly.
24. That the exercise of the right of eminent domain shall never be abridged or 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 individuals. 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 the use of corporations, other than municipal, without the consent of the owner: Provided, However 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 corporations, other than municipal, or for the benefit of any individual or associat on.
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 in the shores, or in or over the waters of any navigable stream, unless the same be expressly authorized by law.
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,
petition, address or remonstrance.
27. That every citizen has a right to bear arms in defense of himself and State.
28. That no standing army shall be kept up without the consent of the General Assembly, and in that case no appropriation 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.
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 prescribed by law.
30. That no title of nobility or hereditary distinction, privilege, honor or emolument shall 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.
31. That immigration shall be encouraged; immigration shall not be prohibited, and that no citizen shall be exiled.
32. That temporary absence from the State shall not cause a forfeiture of residence once obtained.
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.
34. The right of suffrage shall be protected by laws regulating elections, and prohibiting, under adequate penalties, all undue influences from power, bribery, tumult, or other improper conduct.
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.
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.
37. That the sole object and only legitimate end of govern. ment 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.
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.
39. That this enumeration of certain rights shall not impair or deny others retained by the people.
State and County Boundaries. 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; crossing the Tennessee river, and on 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.
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 formation, and leave the county or counties from which it is taken with the required number of inhabitants entitling such county or counties to separate representation.
ARTICLE III. Distribution of Powers of Government. 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.
2. 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.
Legislative Department. 1. The legislative power of this State shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives.
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 revivied, amended, or the provisions thereof extended or conferred, by reference to its title only; but so much thereof as is revised, amended, extended or conferred, shall be re-enacted and published at length.
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 of the Representatives shall be elected every two years thereafter, unless the General Assembly shall change the time of holding elections. The terms of the office 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 Constitution.
4. Senators shall be at least twenty-seven years of age, and Representatives twenty-one years of age; they shall have been