SEC. 3. It shall be the duty of the general assembly to provide, from time to time, for the registration of all electors; but the following class of persons shall not be permitted to register, vote or hold office: 1st. Those who, during the late rebellion, inflicted, or caused to be inflicted, any cruel or unusual punishment upon any soldier, sailor, marine, employé or citizen of the United States, or who in any other way violated the rules of civilized warfare. 2d, Those who may be disqualified from holding office by the proposed amendment to the Constitution of the United States, known as "Article XIV," and those who have been disqualified from registering to vote for delegates to the convention to frame a constitution for the State of Alabama, under the act of Congress "to provide for the more efficient government of the rebel States," passed by Congress March 2, 1867, and the act supplementary thereto, except such persons as aided in the reconstruction proposed by Congress, and accept the political equality of all men before the law: Provided, That the general assembly shall have power to remove the disabilities incurred under this clause. 3d, Those who shall have been convicted of treason, embezzlement of public funds, malfeasance in office, crime punishable by law with imprisonment in the penitentiary, or bribery. 4th, Those who are idiots or insane.

SEC. 4. All persons, before registering, must take and subscribe the following oath: I, do solemnly swear (or affirm) that I will support and maintain the Constitution and laws of the United States, and the constitution and laws of the State of Alabama; that I am not excluded from registering by any of the clauses in section 3, Article VII, of the constitution of the State of Alabama; that I will never countenance or aid in the secession of this State from the United States; that I accept the civil and political equality of all men; and agree not to attempt to deprive any person or persons, on account of race, color, or previous condition, of any political or civil right, privilege, or immunity, enjoyed by any other class of men; and furthermore, that I will not in any way injure, or countenance in others any attempt to injure, any person or persons, on account of past or present support of the Government of the United States, the laws of the United States, or the principle of the civil and political equality of all men, or for affiliation with any political party.

SEC. 5. Electors shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest and civil process during their attendance at elections, and in going to and returning from the same.

SEC. 6. It shall be the duty of the general assembly to enact adequate laws giving protection against the evils arising from the use of intoxicating liquors at elections. SEC. 7. Returns of elections for all civil officers elected by the people, who are to be commissioned by the governor, and also for the members of the general assembly, shall be made to the secretary of state.

ARTICLE VIII.

REPRESENTATION.

SECTION 1. 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, according to the number of inhabitants in them respectively; and to this end the general assembly shall cause an enumeration of all the inhabitants of the State to be made in the year 1875, and every ten years thereafter, and shall make an apportionment of the representatives among the several counties at the first regular session after each enumeration; which apportionment, when made, shall not be subject to alteration until after the next census shall have been taken: Provided, That each county shall be entitled to at least one representative: And provided, further, That when two or more adjoining counties shall each have a residuum, or fraction over and above the ratio then fixed by law, which fractions, when added together, equal, or exceed that ratio, in that case the county having the largest fraction shall be entitled to one additional representative.

SEC. 2. Until the general assembly shall make an apportionment of the representatives among the several counties, after the first enumeration made as herein provided,

the counties of Autauga, Baldwin, Bibb, Blount, Butler, Calhoun, Clay, Clarke, Cherokee, Cleburne, Crenshaw, Choctaw, Coffee, Conecuh, Coosa, Covington, Dale, De Kalb, Elmore, Fayette, Henry, Jefferson, Lauderdale, Limestone, Marshall, Marion, Monroe, Morgan, Pike, Randolph, Saint Clair, Shelby, Walker, Washington and Winston, shall have one representative each; the counties of Chambers, Franklin, Greene, Hale, Jackson, Lee, Lawrence, Macon, Pickens, Russell, Talladega, Tallapoosa and Tuscaloosa, shall be entitled to two representatives each; the counties of Barbour, Bullock, Lowndes, Madison, Marengo, Perry, Sumter and Wilcox, shall be entitled to three representatives each; the counties of Dallas, Mobile and Montgomery, shall be entitled to five representatives each: Provided, That in the formation of new counties, the general assembly may apportion to each its proper repre

sentation.

SEC. 3. The whole number of senators shall be not less than one-fourth or more than one-third of the whole number of representatives; and it shall be the duty of the general assembly, at its first session after the making of each enumeration, as provided by section first of this article, to fix by law the number of senators, and to divide the State into as many senatorial districts as there are senators; which districts shall be as nearly equal to each other as may be in the number of inhabitants, and each shall be entitled to one senator, and no more: Provided, That no county shall be divided, and no two or more counties, which are separated entirely by a county belonging to another district, shall be joined in one district: And provided, further, That the senatorial districts, when formed, shall not be changed until after the next enumeration shall have been taken.

SEC. 4. At the first general election after each new apportionment, elections shall be held anew in all the senatorial districts. The senators elected, when convened at the next ensuing session of the general assembly, shall be divided by lot into two classes, as nearly equal as may be; the seats of the senators of the first class shall be vacated at the expiration of two years, and those of the second class at the expiration of four years, from the day of election, so that (except as above provided,) one-half of the senators may be chosen biennially.

SEC. 5. Until the general assembly shall divide the State into senatorial districts as herein provided, the senatorial districts shall remain as follows: 1st district, Limestone and Lauderdale; 2d, Franklin and Lawrence; 3d, Morgan, Blount, Winston and Marion; 4th, Madison; 5th, Jackson, Marshall and De Kalb; 6th, Cherokee and Calhoun; 7th, Walker, Jefferson and Saint Clair; 8th, Shelby and Bibb; 9th, Tuscaloosa and Fayette; 10th, Talledega and Clay; 11th, Chambers, Randolph and Cleburne; 12th, Coosa and Tallapoosa; 13th, Lee; 14th, Macon; 15th, Russell; 16th, Bullock; 17th, Barbour; 18th, Autauga and Elmore; 19th, Montgomery; 20th, Lowndes; 21st, Dallas; 22d, Perry; 23d, Hale; 24th, Greene and Pickens; 25th, Sumter; 26th, Marengo; 27th, Choctaw, Clarke and Washington; 28th, Mobile; 29th, Monroe and Baldwin; 30th, Wilcox; 31st, Butler and Conecuh; 32d, Covington, Crenshaw and Pike; 33d, Coffee, Dale and Henry.

SEC. 6. Until a new apportionment of representatives to the Congress of the United States shall have been made, the congressional districts shall remain as stated in the Revised Code of Alabama, and after each new apportionment, the general assembly shall divide the State into as many districts as it is allowed Representatives in Congress, making such congressional districts as nearly equal in the number of inhabitants as may be.

ARTICLE IX.

TAXATION.

SECTION 1. All taxes levied on property in this State, shall be assessed in exact proportion to the value of such property: Provided, however, That the general assembly may levy a poll-tax not to exceed one dollar and fifty cents on each poll, which shall be applied exclusively in aid of the public-school fund.

SEC. 2. No power to levy taxes shall be delegated to individuals or private corporations.

ARTICLE X.

MILITIA.

SECTION 1. All able-bodied male inhabitants of this State, between the ages of eighteen years and forty-five years, who are citizens of the United States, or who have declared their intention to become citizens of the United States, shall be liable to military duty in the militia of this State; but all citizens of any denomination whatever, who, from scruples of conscience, may be averse to bearing arms, shall be exempt therefrom upon such conditions as may be prescribed by law.

SEC. 2. The general assembly shall provide for the organizing, arming, equipping, and discipline of the militia, and for paying the same, when called into active service, in such manner as it shall deem expedient, not incompatible with the laws of the United States.

SEC. 3. Officers of the militia shall be elected or appointed and commissioned in such manner as may be provided by the general assembly.

SEC. 4. The governor shall be commander-in-chief of the army and navy of this State, and of the militia, except when called into the service of the United States, and shall have power to call forth the militia to execute the laws, to suppress riots, or insurrections, and to repel invasion.

SEC. 5. The governor shall nominate, and, by and with the consent of the senate, appoint one major-general and three brigadier-generals. The adjutant-general, and other staff officers to the commander-in-chief, shall be appointed by the governor, and their commissions shall expire with the governor's term of office. No commissioned officer shall be removed from office except by the senate, on the recommendation of the governor, stating the grounds on which such removal is recommended, or by the decision of a court-martial pursuant to law.

SEC. 6. The militia may be divided into two classes, to be designated as "volunteer militia" and "reserve militia," in such manner as shall be provided by law.

SEC. 7. The militia shall, in all cases, except felony, treason, or breach of the peace, be privileged from arrest during their attendance at musters and elections of officers, and in going to and returning from the same.

SEC. 8. The officers and men commissioned and organized shall not be entitled to receive any pay, rations, or emoluments when not in active service.

ARTICLE XI.

EDUCATION.

SECTION 1. The common schools, and other educational institutions of the State, shall be under the management of a board of education, consisting of a superintendent of public instruction and two members from each congressional district.

The governor of the State shall be, ex officio, a member of the board, but shall have no vote in its proceedings.

SEC. 2. The superintendent of public instruction shall be president of the board of education, and have the casting vote in case of a tie; he shall have the supervision of the public schools of the State, and perform such other duties as may be imposed upon him by the board and the laws of the State. He shall be elected in the same manner and for the same term as the governor of the State, and receive such salary as may be fixed by law. An office shall be assigned him in the capitol of the State. SEC. 3. The members of the board shall hold office for a term of four years, and until their successors shall be elected and qualified. After the first election under the constitution, the board shall be divided into two equal classes, so that each class shall consist of one member from each district. The seats of the first class shall be vacated at the expiration of two years from the day of election, so that one-half may be chosen biennially.

SEC. 4. The members of the board of education, except the superintendent, shall be elected by the qualified electors of the congressional districts in which they are chosen, at the same time and in the same manner as the members of Congress.

SEC. 5. The board of education shall exercise full legislative powers in reference

to the public educational institutions of the State, and its acts, when approved by the governor, or when re-enacted by two-thirds of the board, in case of his disapproval, shall have the force and effect of law, unless repcaled by the general assembly. SEC. 6. It shall be the duty of the board to establish, throughout the State, in each township or other school-district which it may have created, one or more schools, at which all the children of the State between the ages of five and twenty-one years may attend free of charge.

SEC. 7. No rule or law affecting the general interest of education shall be made by the board without the concurrence of a majority of its members. The style of all acts of the board shall be, "Be it enacted by the board of education of the State of Alabama."

SEC. 8. The board of education shall be a body politic and corporate, by the name and style of "The board of education of the State of Alabama." Said board shall also be a board of regents of the State University, and when sitting as a board of regents of the university shall have power to appoint the president and the faculties thereof. The president of the university shall be, ex officio, a member of the board of regents, but shall have no vote in its proceedings.

SEC. 9. The board of education shall meet annually at the seat of government at the same time as the general assembly, but no session shall continue longer than twenty days, nor shall more than one session be held in the same year, unless authorized by the governor. The members shall receive the same mileage and daily pay as the members of the general assembly.

SEC. 10. The proceeds of all lands that have been or may be granted by the United States to the State for educational purposes; of the swamp-lands; and of all lands or other property given by individuals or appropriated by the State for like purposes; and of all estates of deceased persons who have died without leaving a will or heir; and all moneys which may be paid as an equivalent for exemption from military duty, shall be and remain a perpetual fund, which may be increased but not diminished, and the interest and income of which, together with the rents of all such lands as may remain unsold, and such other means as the general assembly may provide, shall be inviolably appropriated to educational purposes, and to no other purpose whatever.

SEC. 11. In addition to the amount accruing from the above sources, one-fifth of the aggregate annual revenue of the State shall be devoted exclusively to the maintenance of public schools.

SEC. 12. The general assembly may give power to the authorities of the school-districts to levy a poll-tax on the inhabitants of the district in aid of the general schoolfund, and for no other purpose.

SEC. 13. The general assembly shall levy a specific annual tax upon all railroad, navigation, banking, and insurance corporations, and upon all insurance and foreign bank and exchange agencies, and upon the profits of foreign bank bills issued in this State by any corporation, partnership or persons, which shall be exclusively devoted to the maintenance of public schools.

SEC. 14 The general assembly shall, as soon as practicable, provide for the establishment of an agricultural college, and shall appropriate the two hundred and forty thousand acres of land donated to this State for the support of such a college, by the act of Congress, passed July 2, 1862, or the money or scrip, as the case may be, arising from the sale of said land, or any lands which may hereafter be granted or appropriated for such purpose, for the support and maintenance of such college, or schools, and may make the same a branch of the University of Alabama for instruction in agriculture, in the mechanic arts, and the natural sciences connected therewith, and place the same under the supervision of the regents of the university.

ARTICLE XII.

INDUSTRIAL RESOURCES.

SECTION 1. A bureau of industrial resources shall be established, to be under the management of a commissioner, who shall be elected at the first general election, and shall hold his office for the term of four years.

SEC. 2. The commissioner of industrial resources shall collect and condense statistical information concerning the productive industries of the State; and shall make, or cause to be made, a careful, accurate, and thorough report upon the agriculture and geology of the State, and annually report such additions as the progress of scientific development and extended explorations may require. He shall, from time to time, disseminate among the people of the State such knowledge as he may deem important, concerning improved machinery and production, and for the promotion of their agricultural, manufacturing, and mining interests; and shall send out to the people of the United States and foreign countries such reports concerning the industrial resources of Alabama as may best make known the advantages offered by the State to emigrants; and shall perform such other duties as the general assembly may require.

SEC. 3. It shall be the duty of the general assembly, at the first session after the adoption of this constitution, to pass such laws and regulations as may be necessary for the government and protection of this bureau, and also to fix and provide for the compensation of the commissioner.

SEC. 4. This bureau shall be located, and the commissioner shall reside at the capital of the State, and he shall annually make a written or printed report to the governor of the State, to be laid before the general assembly at each session.

SEC. 5. In case of the death, removal, or resignation of the commissioner, the governor, with the approval of the senate, shall have power to appoint a commissioner for the unexpired term.

ARTICLE XIII.

CORPORATIONS..

SECTION 1. Corporations may be formed under general laws, but shall not be created by special act, except for municipal purposes. All general laws, and special acts passed pursuant to this section, may be altered, amended, or repealed.

SEC. 2. Dues from corporations shall be secured by such individual liabilities of the corporators or other means as may be prescribed by law.

SEC. 3. Each stockholder in any corporation shall be liable to the amount of stock held or owned by him.

SEC. 4. The property of corporations now existing, or hereafter created, shall forever be subject to taxation the same as property of individuals, except corporations for educational and charitable purposes.

SEC. 5. No right of way shall be appropriated to the use of any corporation, until full compensation therefor be first made in money, or secured by a deposit of money to the owner, irrespective of any benefit from any improvement proposed by such corporation; which compensation shall be ascertained by a jury of twelve men in a court of record, as shall be prescribed by law.

SEC. 6. The general assembly shall not have 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 prescribed in this constitution.

SEC. 7. No bank shall be established, otherwise than under a general banking law, as provided in the first section of this article.

SEC. 8. The general assembly may enact a general banking law, which law shall provide for the registry and countersigning by the governor of the State of all papercredit designed to be created as money; and ample collateral security, convertible into specie, or the redemption of the same in gold or silver, shall be required, and such collateral security shall be under the control of such officer or officers as may be prescribed by law.

SEC. 9. All bills or notes issued as money, shall be at all times redeemable in gold or silver, and no law shall be passed sanctioning, directly or indirectly, the suspension. by any bank or banking company, of specie payment.

SEC. 10. Holders of bank-notes shall be entitled, in case of insolvency, to preference of payment over all other creditors.

SEC. 11. Every bank or banking company shall be required to cease all banking