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From the Kentucky Reporter.
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ALABAMA
On the 2d Aug. the Alabama Convention
completed the labors and adopted the Constitution they
had framed. The general outline, and most of the details, of this
instrument accorded with the corresponding parts in most of the
other state-constitutions. In some things it is more democratic
than our own. Upon the vacancy of the office of governor, the
general assembly has power to provide by law for the election
of another, for the balance of the term, which is only two years;
and the language on this subject plainly shows, that the convention
understood the words used in our constitution as not precluding
a new election. The judges are to be elected by the general assembly;
sheriffs are to be elected by the people for three years, and
to be eligible for the next three years after their term, either
as principal or deputy, and the clerks of the courts are to be
elected by the people for four years; but the assembly may, after
1826, provide a different mode of appointment. There are some
provisions which are unusual. The courts of Chancery are empowered
to decree divorces according to law; but the decree must be approved
by two-thirds of the general assembly. Each county must contain
900 square miles, which is equal to thirty miles square; and in
the year 1828 the assembly is permanently to establish their boundaries.
Within five years after the adoption of the constitution, and
within every 10 years thereafter, the “body of the laws,
civil and criminal, is to be revised, digested, and promulgated,
in such manner as the general assembly may direct.” The
mode amending the constitution is judicious. The assembly, two
thirds in each house concurring, may propose amendments, which
are to be published for the consideration of the people; and at
the next general election, the voters are to vote upon them; if
there be a majority of all the votes in favor of them, and if
two-thirds of the next general assembly approve them, they become
a part of the constitution. The only thing objectionable, or amendable,
in this, is the requisition of two-thirds, instead of a bare majority,
of the assembly; but this however null and void; for no people
can divest themselves of the right of self-government, and put
it in the power of a minority to rule the majority. The provisions
on the subject of banks, are singular and important; we copy them
entire as follows:
“ESTABLISHMENT OF BANKS.
Section 1. One state bank may
be established with such number of branches as the general assembly
may from time to time deem expedient; Provided that no branch
bank shall be established, nor bank charter renewed under the
authority of this state, without the concurrence of two-thirds
of both houses of the general assembly; and provided also, that
no more than one bank or branch bank shall be established, nor
bank charter renewed at any one session of the general assembly,
nor shall any bank or branch bank be established, or bank charter
renewed, but in conformity with the following rules.
1. At least two-fifths of the
capital stock shall be reserved to the state.
2. A proportion of power in the
direction of the bank shall be reserved to the state, equal at
least to its proportion of stock therein.
3. The state and the individual
stock-holders shall be liable respectively for the debts of the
bank, in proportion to their stock holden therein.
4. The remedy for the collection
of debts shall be reciprocal, for and against the bank.
5. No bank shall commence operation
until one half of the capital stock subscribed for, be actually
paid in gold or silver, which amount shall in no case be less
than $100,000.
6. In case any bank or branch
bank shall neglect or refuse to pay on demand, any bill, note
or obligation, issued by the corporation, according to the promise
therein expressed, the holder of any such note, bill or obligation
shall be entitled to receive and recover interest thereon until
the same shall be paid, or specie payments are resumed by said
banks, at the rate of 12 per cent. per annum from date of said
demand; unless the general assembly shall sanction such suspension
of specie payments and the general assembly shall have power after
such neglect or refusal to adopt such measures as they may deem
proper to protect and secure the rights of all concerned; and
to declare the charter of such bank forfeited.
7. After the establishment of
a general state bank, the banks of this state now existing may
be admitted as branches thereof, upon such terms as the legislature
and the said banks may agree, subject nevertheless to the preceding
rules.”
The first general election is
to be held on the 3d Monday and the day following in September
next; and the first session to be held at Huntsville on the 4th
Monday in October next. Afterwards the elections are to commence
on the first Monday in August, and the sessions to be held at
Cahawba, until 1825, in which year the assembly may establish
a permanent seat of government.
The present governor Bibb is a
candidate for that office under the new constitution; and Mess.
Henry Chambers and John Crowell, are candidates for congress.
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