WEDNESDAY July 28, 1819.

The Convention met pursuant to adjournment.
Mr. Minor from the committee appointed to draw and report to this Convention a memorial to the Congress of the United States praying that if the treaty with Spain made at Washington during the present year, shall be ratified by the Spanish government, so much of the Territory thereby ceded to the United States as lies west of the Apalachicola River may be annexed to the State of Alabama, made a report which was received and read the first time, and ordered to be laid on the table.
On motion of Mr. King the convention preceded to consider the amendments made to the Constitution as reported by the committee of the whole.
The amendments made to the preamble of the Constitution as reported by the committee of the whole in the 4th , 6th and 16th lines being read, and the questions being taken thereon they were concurred in by the Convention.
A motion was made by Mr. Pickens of Washington, to a-


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mend the last amendment made in committee of the whole to the preamble of the Constitution, by striking out the words “alteration or,” and the question being taken thereon, it passed in the affirmative.

ARTICLE 1-DECLARATION OF RIGHTS.

The amendments mad to the 3d, 5th, 9th, 11th, and 17th sections, being read and the questions being taken thereon, they were concurred in by the Convention.
Mr. Taylor moved to amend the amendment made in committee of the whole to the 21st. section, by striking out the words, “except during the life of the offender.”
And the question being taking taken thereon, it passed in the affirmative.
The question was then taken or concurring with the amendment as amended, and passed in the affirmative.
The question was then taken on the amendment made to the 29th section, and concurred in by the Convention.

ARTICLE 3-LEGISLATIVE DEPARTMENT.

The amendment which was made in committee of the whole to the 3d section being read, was concurred in by the Convention.
Mr. King moved to disagree to the amendment made in committee of the whole to the 4th section, which struck out the words twenty three and inserted the words “twenty one”, the age prescribed as to qualification for a Representative.
And the question being taken, will the Convention concur in said amendment, it passed in the affirmative.
The yeas and nays being called for by two members present those who voted in the affirmative are, Messrs. Armstrong, Bibb (of Limestone) John Brown, Isaac Brown, Clay, Conner, Cook, Crabb, Davis, Ellis, Hanby, Hopkins, Hughes, Jackson, M=Goffin, Metcalf, Moore, Phillips, Pickens, (of Washington) Rogers, Saffold, Terril, Thompson, Tindal, Townes, Vaughan, Wiggins, Wright and Williams-29.
And those who voted in the negative are, Mr. President, Messrs. Bibb (of Montgomery) chambers, Garrow, Hitchcock, King M=Vay, Minor, Pickens, (of Monroe) Sims, Taylor, Toulmin, and Watkins-13.
The amendments to the e5th, 6th, 9th, 10th, 11th and 12th sections were read and concurred in.
The new section proposed by the committee of the whole to come in after the 12th section was read and concurred in.
The amendments to the 17th, 25th and 26th sections were read and concurred in.


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The amendments made to the 26th section being read, Mr. Toulmin moved to amend the amendment by striking out the words 1828, and inserting in lien thereof 1825.
And the question being taken thereon, it passed in the affirmative.
Mr. Williams moved to strike out the provision to the amendment, and the question being taken thereon, it was decided in the negative.
Mr. Clay moved farther to amend the amendment by adding an additional provision in the following words; “And provided also that the General Assembly shall make no appropriations previous to the year 1825 for the building of any other State House than that now provided for by law.”
And the question being taken thereon it passed in the affirmative.
The question was then taken on concurring with the amendment as amended, and decided in the affirmative.

ARTICLE 4-EXECUTIVE DEPARTMENT.

Amendments made to the 5th, 6th,  8th, 14th, 15th, 17th, 21st, 22d,  23d, and 25th sections were read and concurred in.

MILITIA

The amendments made to the 2d section were read and concurred in.
The fourth section was then read as amended in committee of the whole, which prescribes that all officers of the militia shall be elected or appointed in such manner as may be prescribed by law; provided that the General Assembly shall not make any such elections or appointments other than those of Adjutants General and Quarter-Masters General.
Mr. Saffold moved to amend the amendment made in committee of the whole, by striking out the words “provided that the General Assembly shall not make any such elections or appointments.”
And the question being taken thereon, it was decided in the negative.
The yeas and nays being decided by two members present: those who voted in the affirmative are, Messrs, Moore. Pickens (of Monroe) Saffold, Tindall, Townes, Wiggins, and Williams-7.
Those who voted in the negative are, Mr. President, Messrs. Armstrong, Bibb (of Limestone) Bibb (of Montgomery) John Brown, Isaac Brown, Chambers, Clay, Conner, Cook, Crabb, Davis, Ellis, Garrow, Hanby, Hitchcock, Hopkins, Hughes, Jackson, King, M=Goffin, M=Vay, Metcalf, Minor, Phillips,


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Pickens (of Washington) Rogers, Sims, Taylor, Terril, Thomson, Toulmin, Vaughan, Watkins, and Wright-35.
Mr. King then moved to strike out the words “other than those of Adjutants General and Quarter-masters General.”
And the question being taken thereon, it was decided in the negative.
The yeas and nays being demanded by two members present, those who voted in the affirmative are Mr. President, Messrs Bibb, (of Limestone) Bibb (of Montgomery) Chambers,  clay, Davis, Ellis, Garrow, Hitchcock, King, Pickens, (of Washington) Rogers, Sims, Taylor, Terril, Thompson, Toulmin, Vaughan, and Watkins-19.
Those who voted in the negative are Messrs. Armstrong, John Brown, Isaac Brown, Conner, Cook, Crabb, Hanby, Hopkins, Hughes, Jackson, M=Goffin, M=Vay, Metcalf, Minor, Moore, Phillips, Pickens (of Monroe) Saffold, Tindal, Townes, Wiggins, Wright and Williams-23.
The amendments to the fifth section were the read, giving to the Governor the appointment of his Aids-de-Camp.
Mr. King moved to amend the amendment by striking out the words, “his own Aids-de-Camp,” and inserting in lieu thereof “his staff officers”-And the question being taken thereon, it was decided in the negative.
Mr. Toulmin moved to amend the amendment by adding the following words, “he shall nominate, and by and with the advice and consent of the Senate appoint, all general staff officers,whose appointments are not otherwise provided for”; and the question being taken thereon, it was decided in the negative.
The question was then taken on the amendment as reported by the committee of the whole and decided in the affirmative.

ARTICLE 5-JUDICIAL DEPARTMENT.

The amendments made in committee of the whole to sections 1st, 2d, 3d, 4th, 5th, 9th, 10th, 11th and 13th were read and concurred in.
The amendment made to the 16th section, which provides that the clerks of the several courts shall be appointed in such manner and be removed from office for such causes, as may be prescribed by law-being read, Mr. Clay moved to amend the amendment by adding the following words, “provided that the General Assembly shall not make such appointments,” And the question being taken thereon, it was decided in the negative.
Mr. Saffold then moved to amend the amendment by strik-


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ing out the amendment of the committee of the whole, after the word several, and inserting the following words, after the word several, ACircuit and inferior courts in this state shall be elected by the qualified electors in each county for the term of years and may be removed from office for such causes and in such a manner as may be prescribed by law, and should a vacancy occur subsequent to an election, it shall be filled by the Judges of the court in which the vacancy exists, and the person so appointed shall hold his office until the next General election.”
And the question being taken on striking out said words, it was decided in the affirmative.
The yeas and nays being demanded by two members present. Those who voted in the affirmative are Messrs. Armstrong, Bibb, (of Montgomery) John Brown, Isaac Brown, Conner, cook, Crabb, Hanby, Jackson, M=Goffin, M=Vay, Metcalf, Moore, Phillips, Saffold, Sims, Terril, Thompson, Tindal, Vaughan, Watkins, Wiggins and Williams-23.
Those who voted in the negative are Mr. President, Messrs. Bibb, (of Limestone) Chambers, Clay, Davis, Ellis, Garrow, Hitchcock, Hopkins, Hughes, King, Minor, Pickens, (of Monroe) Pickens, (of Washington) Rogers, Toulmin, Taylor, Townes and Wright-19.
The question was then taken on inserting said words and decided in the affirmative.
The yeas and nays being demanded by two members present. Those who voted in the affirmative are Messrs. Armstrong, Bibb (of Montgomery) John Brown, Isaac Brown, Conner, Cook, Crabb, Hanby, Jackson, M=Goffin, M=Vay, Metcalf, Moore, Phillips, Pickens, (of Monroe) Saffold, Sims, Terril, Thompson, Tindal, Vaughan, Watkins, Wiggins, and Williams-24.
Those who voted in the negative are Mr. President, Messrs. Bibb (of Limestone) Chambers, Clay, Davis, Ellis, Garrow, Hitchcock, Hopkins, Hughes, King, Minor, Pickens, (of Washington) Rogers, Taylor, Toulmin, Townes, & Wright-18
On motion of Mr. King-Resolved, that when this Convention adjourns it will adjourn till 4 o'clock, P.M.
On motion ordered that the Convention do now adjourn.

4 o’clock, P.M.

The Convention met pursuant to adjournment.
On motion of Mr. King the Convention proceeded to consider the amendments made to the Convention as reported by the committee of the whole.


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Mr. Clay moved farther to amend the amendment made to the 16th section by adding the following words, “provided that no person who may be elected clerk shall be permitted to enter on the duties of the office, till he shall have produced to the court for which he shall have been elected clerk a certificate from some Judge of the Supreme or Circuit court of this State that he is qualified for the duties of his office, and a failure to produce such certificate shall be deemed a vacation of the office, and the court shall proceed to appoint a clerk, for the remainder of the term.” And the question being taken thereon, it was decided in the negative.
The yeas and nays being demanded by two member’s present, those who voted in the affirmative are Messrs. Chambers, Clay, Davis, Ellis, Garrow, Hitchcock, Hopkins, Hughes, King, M’Goffin, Metcalf, Minor, Rogers, Taylor, Torril, Townes and Wright-17.
Those who voted in the negative are Mr. President, Messrs. Bibb (of Limestone), Bibb (of Montgomery), John Brown, Isaac Brown, Conner, Cook, Crabb, Hanby, Jackson, M’Vay, Moore, Phillips, Pickens (of Washington), Pickens (of Monroe), Saffold, Sims, Thompson, Tindal, Toulmin, Vaughan, Watkins, Wiggins, Williams and Armstrong-25.
Mr. Hughes moved to fill the blank in said amendment with the word “ten” and the question being taken, it was decided in the negative.
Mr. Bibb (of Montgomery) moved to fill the blank with the word “four” And the question being taken, it was decided in the affirmative.
Mr. Toulmin moved farther to amend the said amendment by adding the following proviso, Aprovided, however, that the General Assembly shall direct a mode by which persons so elected shall within six months after their election, be examined by clerks or other persons well skilled in the duties of a clerk and should it appear on such examination that any person so elected is not duly qualified to discharge the duties of the office, another clerk shall be elected at the next general election, and the duties of the office shall in the mean time be discharged in such manner as may be prescribed by law,” and the question being taken thereon, it was decided in the negative.
The yeas and nays being demanded by two numbers present , those who voted in the affirmative are Messrs. Chambers, Clay, Davis, Ellis, Garrow, Hitchcock, Hopkins, Hughes,


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King, M’Goffin, Rogers, Terril, Toulmin, Townes, and Wright-15.
Those who voted in the negative are Mr. President, Messrs. Armstrong, Bibb of Limestone, Bibb (of Montgomery), John Brown, Isaac Brown, Conner, Cook, Crabb, Hanby, Jackson, M’Vay, Metcalf, Minor, Moore, Phillips, Pickens of Monroe, Pickens of Washington; Saffold, Sims, Taylor, Thompson, Tindal, Vaughan, Watkins, Wiggins, and Williams-27
The question was then taken on concurring in the amendment as amended, and was decided in the affirmative.
The amendment to the 19th section was then read, and the words “circuit attorneys” stricken out; and the word “solicitors” inserted.

ARTICLE 6-GENERAL PROVISIONS.

The amendments made by the committee of the whole to the 9th, 12th, 14th, 15th and 16th sections were read and concurred in:
The amendment to the 17th section being read, Mr. Bibb of Montgomery, moved to strike out the words “at the next succeeding session,” and the question being taken thereon, it was decided in the negative.
The amendments made in committee of the whole by striking out entirely the 19th, 20th and 21st sections, were concurred in.
The amendment to the 24th section being read was concurred in.

SLAVES

The amendment made to the 2d section was read and concurred in.

MODE OF AMENDING AND REVISING THE CONSTITUTION.

The amendment made to the 12th line was read and concurred in.

ESTABLISHMENT OF BANKS.

The amendments made to the 1st section and to the 1st, 5th 6th and the rule were read and concurred in.

SCHEDULE

The amendments made to the 1st, 6th and 8th sections were read and concurred in.


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The new section introduced in committee of the whole designating new election precincts being read, and the question being taken, will the Convention concur in this amendment-it was decided in the negative
On motion ordered that the Convention do now adjourn.