Alabama. Legislature

A plank road or puncheon is a dirt path or road covered with a series of planks, similar to the wooden sidewalks one would see in a Western movie. Plank roads were very popular in Ontario, the U.S. Northeast and U.S. Midwest in the first half of the 19th century.

From the guide to the Alabama Legislature petition MSS. 0039., 1849, (W.S. Hoole Special Collections Library, The University of Alabama)

Authorities:

Alabama Legislature. Acts of Alabama. Places of publication and publisher vary. 1818- .

Code of Alabama, 1975. Charlottesville, Va.: Michie Company, Bobbs-Merrill Law Publishing Company, 1977- .

Carter, Clarence Edwin, editor. The Territorial Papers of the United States. Washington: Government Printing Office, 1934.

Lee, McDowell. Alabama Legislative Process and Legislative Glossary, Senate Document 3. 1983.

Owen, Thomas M. The History of Alabama. Chicago: The S.J. Clarke Publishing Company, 1921.

Skinner, Thomas E. Alabama Constitution Annotated. Birmingham, Ala.: Birmingham Printing Company, 1938.

Toulmin, Harry. A Digest of the Laws of the State of Alabama. Cahaba, Ala.: Ginn and Curtis, 1823.

United States Congress. Journals of the American Congress: from 1774 to 1788 in four volumes. Washington: Way and Gideon, 1823.

United States. Congress. Statutes at Large. Boston: Charles C. Little and James Brown, 1846.

Wiggins, Sarah Woolfolk. The Scalaway in Alabama Politics, 1865-1881. University, Ala.: University of Alabama Press, 1977.

The Legislature of Ala. evolved from the territorial general assemblies of the Miss. Territory (1798-1817) and the Ala. Territory (1817-1819) as first established by the terms of the Northwest Ordinance of 1787 which had governed the development of the earlier Ohio and Ill. territories.

The first general assembly of the Ala. Territory was held at the temporary seat of government at St. Stephens, Washington Co. (Sec. 4, Congressional Enabling Act of 1817 Mar. 3). It met there for the first and second sessions of 1818. The next temporary seat of government was Huntsville, Madison Co., where the Constitution of Ala. of 1819 was written and approved during the 1819 July 5 - Aug. 21 session. Here the first session of the first State General Assembly was convened from 1819 Oct. 25 - Dec. 17.

As directed by the 1819 enabling act the second session of the first General Assembly was held at Cawhaba (Cahaba), Dallas Co. Cahaba became the first State capital 1820 Nov. 8, and it continued as such until major flooding caused the capital to be removed to the town of Tuskaloosa (Tuscaloosa), Tuscaloosa Co. The General Assembly began its eighth session, 1826 Nov. 20.

Tuscaloosa remained the second state capital from 1826 until the General Assembly's 27th annual session of 1845 Dec. 14 - 1846 Feb. 5. Then a state referendum transferred the seat of government to its third and present site in Montgomery, Montgomery Co., where the General Assembly held its first biennial session, 1847 Dec. 6 - 1848 Mar. 6 which convened for seven biennial sessions until 1861 Jan. 14. At that time a called session of the General Assembly followed the Constitutional Convention of 1861 Jan. 7. The called session adopted the Ordinance of Secession that withdrew Ala. from the federal union on Jan. 11. (See: Joint Resolution, (n.n./n.d.; Acts 1861, First Called Session, p. 142).

The general assemblies of Ala. during the time of the Confederacy met in Montgomery. There were seven called and five regular annual sessions (1861-1864), as well as one called, one special and ten regular sessions during the Reconstruction period (1865-1875). Ala. was a military dependency under the U. S. Third Military District as prescribed by the Congressional Acts of 1867 Mar. 2 and Mar. 23. Ala. was readmitted to the Union 1868 June 25 by the Congressional Omnibus Act upon satisfying requirements of the U. S. Reconstruction Acts. The legislative session of 1871 Nov. 18 - 1872 Apr. 23 was known as the Republican 'Court-House' assembly ". . . organized at the federal court house while the Democrats met at the state capitol, each body claiming a working majority." [Wiggins: Scallawag, 1977, p. 85; See also: II Owen: 1921, pp. 87-171]

Between 1876 and 1903 there were seventeen biennial sessions and one special session for 1899. From 1907 through 1943 the Legislature held ten quadrennial and twelve special sessions. Beginning in 1945 this body held seventeen biennial sessions, six organization and thirty-four special sessions. Then in 1977 the Legislature began meeting in annual sessions in quadrennial terms of office. As of 1986 May 28 there have been ten regular annual sessions, two organizational sessions and seventeen special sessions since 1945.

The Legislature is vested with plenary authority to regulate the internal affairs of the State, to preserve law and order and to legislate for the general welfare of its citizens unless restricted by state or federal constitutions. There are 140 members of the Legislature: 105 members of the House of Representatives stand for districts based on decennial population, and each of the thirty-five senators represent three of these districts. (Code 1975: Constitution, 1901, Art. III, Sec. 45; Legislative Department, 29-1-1/20).

The salary of Legislators is determined by the Constitution of 1901, plus per diem and travel expenses while in session in an amount fixed by the Legislature.

To be eligible for the office of representative, a person must be at least twenty-one years of age; for the office of senator, a person must be at least twenty-five. Senators and representatives must be qualified voters and must have been resident citizens of Ala. for three years. They must have lived in their respective counties or districts at least one year immediately preceding their election and must continue to reside in their respective counties or districts during their term of office. No person convicted of embezzlement of public money, bribery, perjury, or other infamous crimes is eligible for election of office. With the concurrence of two-thirds of the legislative house, a member may be expelled. A member who is expelled for corruption is not thereafter eligible for membership in either house.

Members of the Legislature are exempt from arrest and service of process while attending or going to or from a legislative session except in cases of treason, felony, violation of their oaths of office or breach of peace. Any remarks made in a speech or debate on the floor of either house by a member cannot be questioned in any other place.

Members of the Legislature serve for terms of four years. They are elected on the first Tuesday after the first Monday in Nov. in the years of 1900, 1904, 1908, etc. The office of legislator begins on the day after election and expires on the day after election four years later.

Because terms of all members of the Legislature begin and end at the same time, the newly elected and re-elected members must reorganize the Legislature every four years in what is known as an 'organizational' session. These sessions begin on the second Tuesday in Jan. following the election of the members and are limited to ten consecutive calendar days. No business can be transacted at this session except the orgnaization of the Legislature: the election of officers, the appointment of standing and interim committees, the determination of contested elections and the canvassing of election returns.

Each house selects its officers and adopts its rules of procedure; and the presiding officers (the President of the Senate, the Lieutenant Governor, and the Speaker of the House of Representatives) appoint the members of the various standing committees or committees of the Legislature established to perform certain duties for the entire four-year term. Other officers and employees are elected and appointed for each house (in the Senate, the Secretary of the Senate, and in the House, the Clerk of the House) and their assistants, security officers, doorkeepers, committee clerks, secretaries, typists, journal and enrolling clerks, pages and messengers, etc.

The Legislature convenes in regular annual session on the first Tuesday in Feb., except (1) in the first year of a four-year term when the session will begin on the third Tuesday in Apr., and (2) in the last year of a four-year term when the session will begin on the second Tuesday in Jan. The length of the regular session is limited to thirty meeting days within a period of 105 calendar days. There are usually two meeting or 'legislative' days per week with the other days devoted to committee meetings. Special sessions of the Legislature may be called by the Governor with the call indicating the subjects which the Governor wishes considered. These sessions are limited to twelve legislative days within a thirty-day calendar span. Special session legislation must be enacted only on those subjects which the Governor announces in his call message except by a two-thirds vote of each house.

The Constitution of 1901 provides that no law shall be passed except by a bill or a resolution which is a proposed law written in the prescribed style. Each law shall contain but one subject. When approved by the Legislature and the Governor, the bill or resolution becomes an act. Bills or resolutions may be introduced in either house with one exception: revenue bills must originate in the House of Representatives.

The Constitution states that each house shall determine the number of committees and the numbers vary from one quadrennium to another. Each is set up to consider bills related to a particular subject of legislation, i.e., health, education, finance, taxation, business, labor, public welfare, conservation, agriculture, local legislation and governmental affairs. Standing committees are charged with the important responsibility of examining bills and recommending action to their respective houses. On non-legislative days these committees meet and consider pending bills.

The Legislative Department has been expanded by the addition or creation of five satellite agencies under its authority to aid the Legislature in its duties for the past forty years.

These satellite agencies include:

The Legislative Council (not related to the Legislative Council of 1817-1819 in form or functions) was created by Act 152 of 1945 Legislature to suggest research studies to the Legislative Reference Service and recommend legislation to the Legislature.

The Legislative Reference Service was established to provide information, conduct research and draft legislation for the Legislative Council, individual members of the legislature, governor, State departments and agencies of government by Act 152 of 1945 Legislature.

The Legislative Fiscal Office was developed to provide revenue, budget and other financial data to the House Committee on Ways and Means and the Senate Committee on Finance and Taxation (Act 108, 1965 Regular Session).

The Department of Examiners of Public Accounts was re-established as a separate entity to report directly to the Legislature (Act 351, 1947 Regular Session). Prior to 1947 it was a division of the Department of Finance and its predecessors. The Examiners of Public Accounts examines and audits books, accounts and records of all state and county officers and agencies.

The Alabama Law Institute was created in 1967 to promote clarification and simplification of Alabama laws and scholarly legal research (Act 247, 1967 Session).

The Secretary of the Alabama Territory was enjoined by the Northwest Ordinance of 1787 to keep and preserve the acts and laws passed by the Legislature and public records of the district, and the proceedings of the Governor in his executive department, and transmit authentic copies of such acts and proceedings every six months to the Secretary of Congress. Regarding the early records of the Alabama Territory there is a possibility that many of these original records may have been destroyed in the fire of 1849 Dec. 14 which engulfed the newly constructed capitol in Montgomery. There are no records similar to those described found in the National Archives in Washington, D.C. for Alabama.

The 1819 Constitution of Alabama, Art. III, Sec. 18 directed that "Each house shall keep a journal of its proceedings, and cause the same to be published immediately after its adjournment . . ." Later legislation provided for the selection of the State Printer and regulations for the publishing of the house and senate journals and the acts of the general assembly.

On 1820 Dec. 16 an act was approved providing "That in the future it shall be the duty of the Secretary of State, at or soon after the close of each General Assembly, to deposit in his office all the records and papers necessarily belonging to the Legislature; which shall be determined by an examination made by the Secretary of State, Secretary of the Senate, and Clerk of the House of Representatives, who are hereby appointed commissioners for that purpose." As of 1986 May 28 this legislation is still in effect. These public records also known as "archives" are kept by the office of the Secretary of State and later are transmitted to the Alabama Department of Archives and History as the repository for permanent records. These records include documents of record of all measures considered at each session: enrolled acts, journals, registers, engrossed acts, unpassed bills, resolutions and amendments and substitutions, messages and notices and other legislative documents.

Alabama. Legislature. House of Representatives.

The House of Representatives of Alabama has remained in form the popular branch of the Legislature and in 1818 was used as a pool of candidates from which the Legislative Council was selected. (See the Senate of Alabama Legislature). The lower chamber of the general assembly was created from the provisions of the Northwest Ordinance of 1787: "The general assembly, or legislature, shall consist of the governor, legislative council, and a house of representatives." Representatives were elected for a term of two years; ". . . That for every five hundred free male inhabitants there was to be one representative and so on progressively with the number of free male inhabitants, shall the right of representation increase until the number of representatives shall amount to twenty five, after which the number and proportion of representatives shall be regulated by the legislature; Provided, that no person be eligible or qualified to act as a representative, unless he shall have been a citizen of one of the United States three years and be a resident in the district, or unless he shall have resided in the district three years, and in either case shall likewise hold in his own right, in fee simple, two hundred acres of land within the same;

Provided, also, that a freehold in fifty acres of land in the district, having been a citizen of one of the states, and being resident in the district or the like freehold, and two years residence in the district, shall be necessary to qualify a man as an elector or a representative." There was no age qualification for this office.

"And the governor, legislative council, and house of representatives, shall have authority to make laws in all cases for the good government of the district, not repugnant to the principles and articles of this ordinance established and declared. And all bills having been passed by a majority in the house, and by a majority in the council, shall be referred to the governor for his assent; but no bill or legislative act whatever, shall be of any force without his assent. The governor shall have power to convene, and dissolve the assembly when in his opinion it shall be expedient."

From 1819 to the adoption of the second admendment to the 1819 Constitution in 1846, members of the legislature were elected every year in Aug. Article III, Sec. 4 provided that: "No person shall be a representative, unless he be a whiteman, a citizen of the United States, and shall have been an inhabitant of this state two years next preceding his election, and the last year thereof a resident of the county, city, or town, for which he shall be chosen, and shall have attained the age of twenty-one years."

The Constitution of 1819, Art. III, Sec. 9 provided that at the first meeting in 1819, and in the years of 1820, 1823, 1826 and every six years thereafter, an enumeration of the inhabitants of the State should be made, and the whole number or representatives should after the first session held after making such enumeration, be fixed by the General Assembly and apportioned among the several counties, cities, or towns entitled to separate representation, "according to their respective number of inhabitants, until after the next census be taken." Constant additions were made to the population of the State: the opening up of new sections for settlement, the creation of new counties, and the alteration of existing county boundaries. The proviso for regular enumeration was elastic to allow for these contingencies and for the inequality in representation to the Legislature after the population of the State had become more stable.

The same section, Art. III, Sec. 9, provided that the House of Representatives should consist of not less than forty-four, nor more than sixty members, "until the number of white inhabitants shall be one hundred thousand; and after that event, the whole number of representatives shall never be less than sixty, nor more than one hundred," with a proviso that every county should be entitled to at least one Representative.

After assembling the House of Representative was empowered to choose its Speaker and its other officers, and "each house shall judge of the qualifications, elections, and returns, of its own members but a contested election shall be determined in such a manner as shall be directed by law. A majority of each house constitutes a quorum. Each house determines the rules of its own proceedings."

The structural basis for the House of Representatives has changed very little over 167 years. For the most part its current organization has retained many of the fundamentals as stated in the original Constitution of 1819 and its successors.

Alabama. Legislature. Senate.

The Senate began with the Act for the establishment of the Mississippi Territory, 1798 Apr. 7, Section 3 which prescribes the Northwest Ordinance of 1787 as the pattern for governmental organization as does the Act for the Government of the Mississippi Territory, Section 1, 1800 May 10. The Ordinance specified that "The legislative council shall consist of five members, to continue in office five years unless sooner removed by Congress, any three of whom to be a quorum, and members of the council, shall be nominated and appointed . . . as soon as representatives shall be elected, the governor shall appoint a time and place for them to meet together . . . and, when met, shall nominate ten persons, residents in the district . . . and return their names to congress, five of whom Congress shall appoint and commission to serve as aforesaid".

The Act Establishing the Alabama Territory, 1817 Mar. 3, Section 2, stated "That all offices which may exist, and all laws which may be in force . . . at the time this act shall go into effect . . . until otherwise provided by law." Section 4 of the act provided that the Territorial Governor shall convene at St. Stephens "such of the members of the legislative council and the house of representatives, of the Mississippi territory, as may then be the representatives from the several counties within the limits of the territory . . . and the said members shall constitute the legislative council, and the house of representatives for the aforesaid Alabama territory, whose powers in relation to the aforesaid territory, shall be . . . the same in all respects as are now possessed by the legislative council, and the house of representatives of the Mississippi territory; and the said legislative council, and house of representatives of the Alabama territory, so formed, shall have power to nominate six persons to the president of the United States, three of whom shall be selected by him for members of the legislative council."

According to the Congressional Enabling Act of 1817 Mar. 3 for the Ala. Territory, the provisions were not to be enforced until the date when Miss. should adopt a constitution and that event occurred on 1817 Aug. 15. After William Wyatt Bibb was appointed Governor of the Territory by President James Monroe, on 1817 Sept. 25, Governor Bibb arrived at St. Stephens in Dec. to begin organizing operations for the new territorial government in 1818.

The original representatives to the first session in 1818 were Abner S. Lipscomb and John F. Everitt, Washington Co.; Gabriel Moore, Hugh McVay, John Williams Walker, Clement Comer Clay, James Titus, Madison Co.; John McGrew and Neil Smith, Clarke Co.; Henry B. Slade, Baldwin Co.; Alvan Robishow, Mobile Co.; Samuel Dale, Monroe Co.; and Phillip Fitzpatrick, Montgomery Co. John Titus was President of the Legislative Council for both sessions and Gabriel Moore Speaker of the House, first session and John Williams Walker, Speaker of the House, second session.

Of the legislative councellors before the transition of the 1818 general assembly for the Alabama section, formerly of the Miss. Territory: Robert Beatty, Madison Co., who had resigned, Joseph Carson, Washington Co., who had died, and James Titus, Madison Co. was the only member remaining in 1818. At St. Stephens during the first session Mr. Titus sat in a separate room from the House chamber, and as its only councellor, he elected himself president of the legislative council, appointed a secretary and a doorkeeper, and adopted or rejected legislation from the lower house in strict parliamentary procedure. For the second session, 1818 Nov. 2-21, James Titus remained president; Lemuel Meade and Henry Chambers, Madison Co.; John Gayle, Jr., Monroe Co.; George Phillips and Matthew D. Wilson, Shelby Co. were the councellors.

Upon the adoption of the Constitution of Alabama, 1819, the Senate assumed the duties and functions of the Legislative Council. In the future constitutions of 1861, 1865, 1867, 1875 and 1901 the Senate remained the upper chamber of the Alabama general assembly; however, the Constitution of 1901 changed the name from the general assembly to the Legislature of Alabama.

From the description of Agency history record. (Unknown). WorldCat record id: 145407920