Our Birthday

Via the Alabama Legislature website:

RESOLUTION FOR ADMISSION OF ALABAMA INTO THE UNION

Resolution Declaring The Admission Of The State Of Alabama Into The Union.

Whereas in pursuance to an act of Congress, passed on the second day of March, one thousand eight hundred and nineteen, entitled "An act to enable the people of the Alabama Territory to form a Constitution and State government, and for the admission of such state into the Union on an equal footing with the original States", the people of the said Territory did, on the second day of August, in the present year, by a Convention called for that purpose, form for themselves a Constitution and State government, which Constitution and State government so formed is republican, and in conformity to the principles of the articles of Compact, between the original States, and the people and States in the Territory North West of the river Ohio, passed on the thirteenth day of July, one thousand seven hundred and eighty-seven, so far as the same have been extended to the said Territory by the articles of agreement between the United States and the State of Georgia:

Resolved by the Senate and House of Representatives of the United States of America, in Congress assembled, That the State of Alabama shall be one, and is hereby declared to be one of the United States of America, and admitted into the Union on an equal footing with the original States, in all respects whatever.

H. CLAY, Speaker of the House of Representatives
Ja. BARBOUR, President of the Senate, pro tempore

December 14, 1819
Approved, James Monroe

I certify that this Resolution did originate in the Senate.

ATTEST:

Charles Cutts, Secretary

Tomorrow marks the 183rd anniversary of Alabama's admission to the United States of America.

From the Avalon Project, here is an online version of our first Constitution. It is an interesting study to examine its correspondence with the Federal Constitution, along with the ways in which it differs. The first Article contains 30 sections enumerating various rights of the citizens, with five of the first seven speaking directly about religious freedom:

SEC. 3. No person within this state shall, upon any pretence, be deprived of the inestimable privilege of worshipping God in the manner most agreeable to his own conscience; nor be compelled to attend any place of worship, nor shall any one ever be obliged to pay any tythes, taxes, or other rate, for the building or repairing any place of worship, or for the maintenance of any minister or ministry.

SEC. 4. No human authority ought, in any case whatever, to control or interfere with the rights of conscience.

SEC. 5. No person shall be hurt, molested, or restrained in his religious profession, sentiments, or persuasion, provided he does not disturb others in their religious worship.

SEC. 6. The civil rights, privileges, or capacities of any citizen, shall in no way be diminished, or enlarged, on account of his religious principles.

SEC. 7. There shall be no establishment of religion by law; no preference shall ever be given by law to any religious sect, society, denomination, or mode of worship; and no religious test shall ever be required as a qualification to any office or public trust under this state.

To this day there are people who can't quite grasp the full meaning of establishing a religion by law. If it helps any, the Prime Minister of Great Britain selects the leaders of the Church of England, the Archbishops of Canterbury and York (along with all the other diocesan bishops), and the Queen nominates his selection to the College of Canons. THAT is an establishment of religion by the state. Some colonial charters (such as the Delaware Charter of 1701)expressly stated that to be a member of the legislative delegation, a member had to swear allegiance to a particular religion. THAT is an establishment of religion by the state.

The next Section is interesting in that the Federal "freedom of the press" was seen as an individual right:

SEC 8. Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that liberty.

Every citizen. Not simply established outlets of media. For those today who believe that the freedom to publish and disseminate information lies only with the vaunted members of the Fourth Estate, and not with lowly morons with a computer and a blog, it might be good to go back and look at this.

Sections 9 through 22 track closely with the language of the U.S. Constitution on the subjects of unreasonable search and seizure, trial by jury, double jeopardy, the right of habeus corpus, the right to assemble and petition for redress of grievances, etc. When we get to the 23rd Section, we are again faced with something that further expands on the meaning of something found within the United States Constitution:

SEC. 23. Every citizen has a right to bear arms in defence of himself and the State.

Every citizen. An individual right. Period.

One thing that should be of interest to those who think govermnent supported public education is a relatively new thing, education is given a mention within its own section in the General Provisions:

Schools and the means of education shall forever be encouraged in this State; and the General Assembly shall take measures to preserve, from unnecessary waste or damage, such lands as are or hereafter may be granted by the United States for the use of schools within each township in this State, and apply the funds, which may be raised from such lands; in strict conformity to the object of such grant. The General Assembly shall take like measures for the improvement of such lands as have been or may be hereafter granted by the United States to this State, for the support of a Seminary of learning, and the moneys which may be raised from such lands, by rent, lease, or sale, or from any other quarter, for the purpose, aforesaid, shall be and remain a fund for the exclusive support of a State University, for the promotion of the arts, literature, and the sciences: and it shall be the duty of the General Assembly, as early as may be, to provide effectual means for the improvement and permanent security of the funds and endowments of such institution.

Pretty progressive, eh? Of course, our progress was impeded by a heavy anchor:

SLAVES.

SEC. 1. The General Assembly shall have no power to pass laws for the emancipation of slaves, without the consent of their owners, or without paying their owners, previous to such emancipation, a full equivalent in money for the slaves so emancipated. They shall have no power to prevent emigrants to this State from bringing with them such persons as are deemed slaves by the laws of any one of the United States, so long as any person of the same age or description shall be continued in slavery by the laws of this State: Provided, that such person or slave be the bona fide property of such emigrants; and provided, also, that laws may be passed to prohibit the introduction into this State of slaves, who have committed high crimes in other States or Territories. They shall have power to pass laws to permit the owners of slaves to emancipate them, saving the rights of creditors, and preventing them from becoming a public charge. They shall have full power to prevent slaves from being brought into this State as merchandize, and also to oblige the owners of slaves to treat them with humanity, to provide for them necessary food and clothing, to abstain from all injuries to them extending to life or limb, and, in case of their neglect, or refusal to comply with the directions of such laws, to have such slave or slaves sold for the benefit of the owner or owners.

SEC. 2. In the prosecution of slaves for crimes, of a higher grade than petit larceny, the General Assembly shall have no power to deprive them of an impartial trial by a petit jury.

SEC. 3. Any person who shall maliciously dismember or deprive a slave of life, shall suffer such punishment as would be inflicted in case the like offence had been committed on a free white person, and on the like proof; except in case of insurrection of such slave.

A sad chapter, indeed. But not one that should limit our future. One of the neighborhood presidents here in town said something in a recent meeting that has hung with me: "A place is in trouble when the people can remember more than they can imagine."

posted by Terry at 8:39:00 AM