                      ALABAMA DECLARATION OF RIGHTS 

                (Article I of the 1901 Constitution of Alabama)
                          As amended through 1966  

                                 ARTICLE I.

                            DECLARATION OF RIGHTS 

      That the great,  general,  and essential principles of liberty and free 
government may be recognized and established, we declare:

Section  1.    That all men are equally free and independent;  that they  are 
endowed  by their Creator with certain inalienable rights;  that among  these 
are life, liberty and the pursuit of happiness. 

Section 2.   That all political power is inherent in the people, and all free 
governments are founded on their authority, and instituted for their benefit; 
and that,  therefore,  they have at all times an inalienable and indefeasible 
right  to  change  their form of government in such manner as they  may  deem 
expedient.

Section 3.   That no religion shall be established by law; that no preference 
shall be given by law to any religious sect, society,  denomination,  or mode 
of  worship;  that  no one shall be compelled by law to attend any  place  of 
worship;  nor  to  pay  any tithes,  taxes,  or other rate  for  building  or 
repairing any place of worship,  or for maintaining any minister or ministry; 
that  no religious test shall be required as a qualification to any office or 
public  trust under this state;  and that the civil rights,  privileges,  and 
capacities  of  any  citizen  shall  not be in any  manner  affected  by  his 
religious principles. 

Section  4.    That  no law shall ever be passed to curtail or  restrain  the 
liberty  of  speech or of the press;  and any person may  speak,  write,  and 
publish  his sentiments on all subjects,  being responsible for the abuse  of 
that  liberty.  And,  to guard against any encroachments on the rights herein 
retained,  we  declare  that  everything  in this Declaration  of  Rights  is 
excepted  out of the general powers of government,  and shall forever  remain 
inviolate.

Section  5.    That  the  people shall be secure in  their  persons,  houses, 
papers,  and  possessions from unreasonable seizure or searches,  and that no 
warrants  shall  issue  to search any place or to seize any person  or  thing 
without probable cause, supported by oath or affirmation.

Section 6.   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; and to have a copy thereof; to be confronted by the witnesses 
against him; to have compulsory process for obtaining witnesses in his favor; 
to testify in all cases, in his own behalf,  if he elects so to do;  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 he  shall 
not  be compelled to give evidence against himself,  nor be deprived of life, 
liberty, or property, except by due process of law;  but the legislature may, 
by  a  general  law,  provide for a change of venue at the  instance  of  the 
defendant  in all prosecutions by indictment,  and such change of  venue,  on 
application  of  the  defendant,  may  be heard and  determined  without  the 
personal  presence of the defendant so applying therefor;  provided,  that at 
the  time  of  the  application for the change of  venue,  the  defendant  is 
imprisoned in jail or some legal place of confinement.

Section 7.   That no person shall be accused or arrested, or detained, except 
in  cases  ascertained by law,  and according to the form 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.

Section 8.    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 when assembled under arms as  a 
military  organization,  or,   by  leave  of  the  court,   for  misfeasance, 
misdemeanor,  extortion and oppression in office,  otherwise than is provided 
in the Constitution; provided, that in cases of misdemeanor,  the legislature 
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.   Provided further that in all felony  cases,  except 
those  punishable by capital punishment,  the legislature may by law dispense 
with  a  grand jury and authorize such prosecutions and proceedings  in  such 
manner  as  may  be provided by law if the defendant,  after having  had  the 
advice  of  counsel  of  his choice or in the event he is  unable  to  employ 
counsel,  the  advice of counsel which must be appointed by the court,  makes 
known  in open court to a judge of a court having jurisdiction of the offense 
that  he desires to plead guilty,  provided,  however,  the defendant  cannot 
plead guilty within fifteen days after his arrest.  (Amended 1939.)

Section  9.    That no person shall,  for the same offense,  be twice put  in 
jeopardy of life or limb; but courts may, for reasons fixed by law, discharge 
juries  from  the  consideration of any case,  and no person  shall  gain  an 
advantage by reason of such discharge of the jury.

Section  10.   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.

Section 11.  That the right of trial by jury shall remain inviolate.

Section  12.   That  in all prosecution for libel or 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.

Section 13.   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.

Section 14.  That the State of Alabama shall never be made a defendant in any 
court of law or equity.

Section 15.  That excessive fines shall not be imposed,  nor cruel or unusual 
punishment inflicted.

Section  16.   That  all persons shall,  before conviction,  be  bailable  by 
sufficient 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.

Section  17.   That  the privilege of the writ of habeas corpus shall not  be 
suspended by the authorities of this state.

Section 18.  That treason against the state shall consist only in levying 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 own confession in open court.

Section 19.  That no person shall be attainted of treason by the legislature; 
and no conviction shall work corruption of blood or forfeiture of estate.

Section 20.  That no person shall be imprisoned for debt.

Section  21.   That no power of suspending laws shall be exercised except  by 
the legislature.

Section  22.   That  no  ex  post facto  law,  nor  any  law,  impairing  the 
obligations  of contracts,  or making any irrevocable or exclusive grants  of 
special  privileges or immunities,  shall be passed by the  legislature;  and 
every grant or franchise, privilege, or immunity shall forever remain subject 
to revocation, alteration, or amendment.

Section 23.   That the exercise of the right of eminent domain shall never be 
abridged  nor  so  construed as to prevent the legislature  from  taking  the 
property  and  franchises of incorporated companies,  and subjecting them  to 
public  use  in  the  same manner in which the  property  and  franchises  of 
individuals are taken and subjected;  but private property shall not be taken 
for,  or  applied  to  public use,  unless just compensation  be  first  made 
therefor; nor shall private property be taken for private use, or for the use 
of  corporations,  other  than municipal,  without the consent of the  owner; 
provided,  however,   the  legislature  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  subscription  for  the  benefit of railroads or  any  other  kind  of 
corporations,  other than municipal,  or for the benefit of any individual or 
association.

Section 24.   That all navigable waters shall remain forever public highways, 
free to the citizens of the state and 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 on the shores
,  or  in  or over the waters of any navigable streams,  unless the  same  be 
expressly authorized by law.

Section  25.   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, address, or remonstrance. 

Section  26.   That  every  citizen has a right to bear arms  in  defense  of 
himself and the state.

Section  27.   That no standing army shall be kept up without the consent  of 
the legislature, 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.

Section  28.   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.

Section 29.  That no title of nobility or hereditary distinction,  privilege, 
honor,  or  emolument shall every 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. 

Section  30.   That immigration shall be encouraged;  emigration shall not be 
prohibited, and no citizen shall be exiled.

Section  31.   That  temporary  absence  from the state  shall  not  cause  a 
forfeiture of residence once obtained.

Section  32.   That no form of slavery shall exist in this state;  and  there 
shall not be any involuntary servitude,  otherwise than for the punishment of 
crime, of which the party shall have been duly convicted.

Section 33.   The privilege 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. 

Section 34.  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.

Section 35.  That the sole object and only legitimate end of government 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.

Section 36.  That this enumeration of certain rights shall not impair or deny 
others retained by the people; 
