THURSDAY, July 29, 1819

The Convention met pursuant to adjournment.
On motion of Mr. King, ordered that the Constitution be now read a second time: which was done accordingly.
Mr. Pickens (of Washington) moved the following amendment as a new section under the head of “General Provisions.”
“In the event of the annexation of any foreign territory to this State by a cession from the United States, laws may be passed extending to the inhabitants of such territory all the rights and privileges which may be required by the terms of such cession: any thing in this Constitution to the contrary notwithstanding.”
And the question being taken thereon, it passed in the affirmative.
Mr. Pickens (of Monroe) moved to amend the 5th section of the 3d article by adding a proviso in the following words, “and provided also that the General Assembly shall have power to declare what other free persons above the age of twenty one years, shall be entitled to the right of suffrage.”
And the question being taken thereon, it was decided in the negative.
Mr. Bibb (of Limestone) moved to amend the 5th section of the 3rd article by adding a proviso in the following words, “provided that the General Assembly shall have power to define by law, what free persons of mixed blood shall be deemed white persons within the meaning of this section and who with the qualifications of age and residence herein required shall be deemed qualified electors.”
On motion of Mr. Taylor, ordered that the said amendment lie upon the table.
Mr. Taylor moved to strike out the 16th section of the 5th article, (relative to the appointment of clerks,) and to insert in lieu thereof the following: “Clerks of the several Courts shall be appointed in such manner, and hold their offices for such term and be removed for such causes, as may be prescribed by law.”
And the question being taken thereon, it was decided in the negative.


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Mr. Bibb (of Limestone) moved to strike out all that part of the 1st section under the article of slaves, which follows the word “humanity” in the 16th line.
And the question being taken thereon, it was decided in the negative.
Mr. Taylor moved to insert, after the word “crimes”, in the 2d section under the article of slaves the following words, “of a higher grade than petit larceny.”
And the question being taken thereon, it was decided in the affirmative.
Mr. Bibb (of Limestone) moved to amend the third section under the article of slaves by striking out the remainder of the section which follows the word Aslave@ in the 4th line.
And the question being taken thereon, it was decided in the affirmative.
Mr. Clay moved to amend the 15th section of the 6th article by inserting after the word “Governor,” “and for members of the General Assembly.”
And the question being taken thereon, it was decided in the affirmative.
Mr. Chambers moved to strike out the 1st section under the head of Banks, as reported by the Committee of the whole and to insert in lieu thereof the following:
“No Bank nor Branch Bank shall be established, nor bank charter renewed under the authority of this State, without the concurrence of a majority of the members elected to each House of the General Assembly, not more than on Bank or Branch Bank shall be established nor Bank charter renewed at any one session of the General Assembly, nor shall any Bank or Branch Bank be established or Bank charter renewed but in conformity with the following Rules.”
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. Chambers, Clay, Ellis, Garrow, Hitchcock, Hopkins, Minor, Pickens (of Monroe), Pickens (of Washington), Taylor and Watkins-12.
Those who voted in the negative are Messrs. Armstrong, Bibb (of Montgomery), Bibb (of Limestone), John Brown, Isaac Brown ,Conner, Cook, Crabb, Davis, Hanby, Hughes, Jackson, King , M’Goffin, M’Vay, Metcalf, Moore, Phillips, Ro-


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gers, Saffold, Sims, Terril, Thompson, Tindal, Toulmin, Townes, Vaughan, Wiggins, Wright, and Williams-30.
Mr. King moved to amend the 1st section under the head of “mode of amending and revising the Constitution,” in the 8th line by striking out the words “entitled to vote” and inserting in lieu thereof the word “voting” and in the 9th line by striking out the words, “in favor of” and inserting in lieu thereof the word “on” in the 11th line by striking out the words “entitled to a vote” and inserting in lieu thereof the word “voting.”
And the question being taken thereon, it was decided in the affirmative.
Mr. Jackson, moved to amend the 14th section of the 5th article, which provides that the Judges shall hold their offices during good behavior, by striking out the words “good behavior,” and inserting in lieu thereof the words “the term of six years.”
And the question being taken on striking out, it was decided in the negative.
The yeas and nays being demanded by two members present, those who voted in the affirmative, are Messrs. Armstrong, John Brown, Isaac Brown, Conner, Cook, Hanby, Jackson, M’Goffin, M’Vay, Metcalf, Moore, Phillips, Saffold, Sims, Terril, Thompson, Vaughan and Wiggins-18.
Those who voted in the negative are Mr. President, Bibb, (of Limestone), Bibb (of Montgomery), Chambers, Clay, Crabb, Davis, Ellis, Garrow, Hitchcock, Hopkins, Hughes, King, Mead, Murphy, Minor, Pickens (of Monroe), Pickens (of Washington), Rogers, Taylor, Tindal, Toulmin, Townes, Watkins, Wright and Williams-25.
Mr. Saffold moved to amend the 14th section of the 5th article by striking out the following words (after the word provided) “however, that the cause or causes for which such removal shall be required shall be stated at length in such address and entered on the Journals of each House-and provided further that the cause or causes shall be notified to the Judge so intended to be removed, and he shall be admitted to a hearing in his own defense before any vote for such address shall pass, and in all such cases the vote shall be taken by yeas and nays and entered on the Journals of each house respectively-and provided also.”
And the question being taken thereon, it was decided in the negative.


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Mr. Phillips moved to amend the Constitution by striking out the first section of the 6th article, and inserting the following in lieu thereof. “Every officer of this State before entering upon the duties of his office shall take the following oath or affirmation.  I, A B, do solemnly swear as the case may be) that I have not used any undue means to procure any election or appointment, either by treating, bribery, false representation or otherwise either directly or indirectly & that all matters and things touching the services I am to perform I will to the best of my abilities, conduct myself so as to promote the public good that I am duly qualified according to the Constitution of this State, and that I will support the same, and the Constitution of the United States.”
And the question being taken thereon, it was decided in the negative.
Mr. Bibb (of Montgomery) moved to amend the 8th section of the 3d article, by striking out so much, as gives separate representation to towns.
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 Messrs. Armstrong, Bibb (of Limestone), Bibb (of Montgomery) Isaac Brown, Crabb, M’Goffin, Metcalf, Murphy, Phillips, Pickens (of Monroe), Pickens (of Washington) Saffold, Terril, Tindal, Vaughan, Wiggins, and Williams-17.
Those who voted in the negative are Mr. President, Messrs. John Brown, Chambers, Clay, Conner, Cook, Ellis, Garrow, Hanby, Hitchcock, Hopkins, Hughes, Jackson, King, M’Vay, Minor, Moore, Rogers, Sims, Taylor, Thompson, Toulmin, Townes, Watkins, and Wright-25.
On motion of Mr. Bibb (of Limestone) ordered that the Constitution be laid upon the table.
On motion of Mr. Bibb (of Limestone) Resolved, that when this Convention adjourns, it will adjourn till 4 o'clock this evening.
On motion ordered that the Convention do now adjourn

4 o’clock, P. M.

The Convention met pursuant to adjournment.
On motion of Mr. Hitchcock, the Convention resumed the consideration of the Constitution.
Mr. Hitchcock moved to strike out the 4th and 5th sections under the head of “militia” and insert the following. AThe


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Governor shall appoint his Aids-de-Camp Majors General shall appoint their Aids-de-Camp, and all other division Staff officers; Brigadiers General, shall appoint their Aids-de-Camp and all other Brigade Staff officers; Colonels shall appoint their regimental Staff officers; and all other 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 Adjutants General or Quarter Masters General and all militia officers shall be commissioned by the Governor.”
And the question being taken thereon, it was decided in the negative.
Mr. Crabb moved to strike out the 4th section under the head of militia, and to insert in lieu thereof the following: “Majors General shall be elected by the Brigadiers, and field officers of their respective divisions: Brigadiers General shall be elected by the field officers of their respective Brigades. All other field officers of the militia, shall be elected by those citizens in their respective district qualified to vote for representatives, or subject to military duty; Captains, Subalterns & non-commissioned officers shall be elected by those citizens in their respective districts, who are qualified to vote for members of the General Assembly or subject to military duty.”
And the question being taken on striking out the said section, it was decided in the negative.
Mr. Phillips moved to amend the e16th section of the 3d article which prescribes the mode of appointing the clerks of courts, by adding the following proviso, “provided however that after the year_____the General Assembly may prescribe a different mode of appointment, but shall not make such appointments.”
And the question being taken thereon, it was decided in the affirmative.
Mr. Phillips then moved to fill the blank in said proviso, with the words one thousand eight hundred and twenty-six.
And the question being taken thereon, it was decided in the affirmative.
Mr. Hitchcock moved to amend the 16th section of the 4th article by striking out in the 2d line the words, “in the Governor and Senate or.”
And the question being taken thereon, it was decided in the affirmative.


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Mr. King moved to amend the 7th section of the Schedule by inserting in the fourth line after the word Assembly these words “Clerks of the several courts.”
And the question being taken thereon, it was decided in the affirmative.
Mr. Crabb moved to amend the 8th section of the Schedule by striking out all the words after the word Representative in the 16th line; with a view of inserting the following: “the county of Madison shall be entitled to two Senators, and every other county to one Senator each.”
And the question being taken on striking out, it was decided in the negative.
The yeas and nays being demanded by two members present, those who voted in the affirmative are Messrs. Armstrong, John Brown, Isaac Brown, Conner, Cook, Crab, Ellis, Garrow, Hanby, Jackson, M=Goffin, M=Vay, Metcalf, Phillips, Rogers, Sims, Terril, Thompson, Tindal, Toulmin, and Vaughan-21.
Those who voted in the negative are Mr. President, Messrs. Bibb (of Limestone) Bibb (of Montgomery) Chambers, Clay, Davis, Hitchcock, Hopkins, Hughes, King, Minor, Moore, Pickens (of Monroe) Pickens (of Washington) Saffold, Taylor, Townes, Watkins, Wiggins, Wright, and Williams-21.
Mr. Toulmin moved to amend the 3d article of the Constitution by adding a new section oat the end of it in the following words, “whenever an enumeration is made the ration for a single representative shall be established. Any county which has double the number of such ratio shall be entitled to two Representatives. The ratio for a third representative shall be the original ratio with one third thereof added to it. The ratio for a fourth representative shall be the ratio of the third, with one third thereof added to it. The ratio for a fifth representative shall be the ratio for the fourth, with one third thereof added to it. The ration for the sixth representative shall be the ration for the fifth, with one third thereof added to it. The ratio shall advance in the same proportion for every additional representative.”
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 Messrs Armstrong, John Brown, Isaac Brown, Conner, Cook, Crabb, Garrow, Hanby, M=Goffin, Metcalf, Pickens (of Washington)


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Rogers, Saffold, Sims, Terril, Thompson, Toulmin, Vaughan, and Watkins-19.
Those who voted in the negative are Mr. President, Messrs. Bibb (of Limestone), Bibb (of Montgomery), Chambers, Clay, Davis, Ellis, Hitchcock, Hopkins, Hughes, Jackson, King, M=Vay, Minor, Moore, Phillips, Pickens (of Monroe), Taylor, Tindal, Townes, Wiggins, Wright and Williams-23.
Mr. Toulmin moved to amend the 9th section of the 3d article by adding the following proviso, “and provided also, that no county shall be entitled to more than five representatives.”
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 Messrs. Armstrong, Bibb (of Montgomery), John Brown, Isaac Brown, Conner, Cook, Crabb, Garrow, Hanby, Jackson, M’Goffin, Metcalf, Phillips, Rogers, Saffold, Sims, Terril, Thompson, Toulmin, and Vaughan-20.
Those who voted negative are Mr. President, Messrs. Bibb (of Limestone), Chambers, Clay, Davis, Ellis, Hitchcock, Hopkins, Hughes, King, M’Vay, Minor, Moore, Pickens (of Monroe), Pickens (of Washington), Taylor, Tindal, Townes, Watkins, Wiggins, Wright, and Williams-22.
Mr. Saffold moved to amend the 16th section of the 6th article by striking out all the section after the word contents in the 4th line. And the question being taken thereon, it was decided in the negative.
Mr. Williams moved to amend the 28th section of the 3d article, by striking out the words “at the town of Cahawba,” (the place designated for the seat of Government, and inserting in lieu thereof, “at such place 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 members present those who voted in the affirmative, are Messrs. Crabb, Hanby, M’Vay, Moore, Tindal and Williams-6.
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, Davis, Ellis, Garrow, Hitchcock, Hopkins, Jackson, King, M=Goffin, Minor, Phillips, Pickens (of Monroe) Pickens (of Washington) Rogers, Saffold, Sims, Taylor, Terril, Thompson, Toulmin, Townes, Vaughan, Watkins, Wiggins, and Wright-55.


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Mr. Williams moved to amend the Constitution, by adding to the General provisions a new section in the following words, “all lands liable to taxation in this State, shall be taxed in proportion to value” And the question being taken thereon, it was decided in the affirmative.
Mr. Thompson moved to amend the 8th section of the Schedule, by striking out the 11th line the word “one” and inserting Atwo@ in lieu thereof with a view of giving Marengo county two Representatives instead of one. And the question being taken thereon, it was decided in the negative.
Mr. Bibb of Limestone moved to amend the 14th section of the 5th article by striking out from the word house in the 7th line to the word pass in the 10th line. And the question being taken thereon, it was decided in the negative.
Mr. Pickens (of Washington) moved to amend the Constitution by adding a new section to the General provisions in the following words.
“The General Assembly shall make provision by law for obtaining correct knowledge of the several objects proper for improvement, in relation to navigable waters, and to the roads in this State: and for making a systematic and economical application of the means appropriated to those objects.”
And the question being taken thereon it was decided in the affirmative.
Mr. Bibb of Montgomery moved to amend the 8th section of the Schedule by striking out the word “two” in the 23d line and inserting Aone@ in lieu thereof, with a view of taking from the county of Madison one senator. And the question being taken thereon, it was decided in the negative.
Mr. Cook moved to amend the 28th section of the 3d article prescribing the place where the next session of the Legislature shall be held by striking out the words, “at the town of Huntsville.” And the question being taken thereon, it was decided in the negative.
Mr. Metcalf moved to amend the new section proposed by Mr. Williams by adding a proviso, in the following words:-AProvided that the General Assembly shall have no power to levy on white polls a tax for county or State purposes.”
And the question being taken thereon, it was decided in the negative.
Mr. Williams moved to reconsider the amendment proposed by Mr. Crabb to the 8th section of the Schedule (relative to the apportionment of Senatorial representation) And the question being taken thereon; it was decided in the affirmative.


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Mr. Crabb then moved to strike out so much of the said section as relates to the senatorial representation and to insert in lieu thereof the following; “and each county shall be entitled to one Senator who shall serve for one term.”
And the question being taken on striking out said section, 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, Ellis, Garrow, Hanby, Jackson, M'Goffin, Metcalf, ,Phillips, Rogers, Sims, Terril, Thompson, Tindal, Toulmin, Vaughan, Wiggins, Wright & Williams-24.
Those who voted in the negative are Mr. President, Messrs. Bibb (of Limestone) Chambers, Clay, Davis, Hitchcock, Hopkins, Hughes, King, Minor, Moore, Pickens (of Monroe) Pickens (of WashingtonTaylor, Townes and Watkins-16.
Mr. Moore moved to amend the amendment so as to give Madison county two Senators. And the question being taken thereon, it was decided in the negative.
The question was then taken on inserting the words proposed by Mr. Crabb, and passed in the affirmative.
Mr. Moore moved to add the following new section to come in under the head of general provisions. “Any member of either house shall have liberty to dissent from and protest against any act or resolution which he may think, incurious to the public or an individual, and have the reasons of his dissent entered on the Journals.” And the question being taken them on, it was decided in the affirmative.
Mr. Toulmin moved, to add a new section to the Judicial department, in the following words, “whenever any Judge shall be unable to hold a circuit court by reason of sickness or other disability, the Governor shall have power to issue a temporary commission authorizing some other person to preside as, Judge at the court or courts at which such Judge may be unable to attend.” And the question being taken thereon, it was decided in the negative.
Mr. Moore moved to amend the 12th section of the 3d article, providing that Senators shall be elected for three years by striking out the word three and inserting “two” And the question being taken thereon was decided in the negative.
The yeas and nays being demanded by two members present, those who voted in the affirmative are Messrs. Armstrong, Crabb, Garrow, Hanby, Jackson, M=Goffin, M=Vay,


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Metcalf, Moore, Phillips, Pickens (of Monroe) Pickens (of Washington) Saffold, Sims, Terril, Thompson, Tindal, Vaughan, Wiggins and Williams-20.
Those who voted in the negative are Mr. President, Messrs. Bibb (of Limestone) Bibb (of Montgomery) John Brown, Isaac Brown, Chambers, Clay, Cook, Davis, Ellis, Hitchcock, Hopkins, Hughes, King, Minor, Rogers, Taylor, Toulmin, Townes, Watkins and Wright-22.
Mr. Moore moved to strike out the 17th section of the 4th article. And the question being taken thereon, it was decided in the negative.
Mr. Moore moved to strike out the word “native,” in the 5th section of the 4th article requiring the Governor to be a native citizen of the United States.  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 Messrs. M=Goffin, Moore and Rogers-3.
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, Ellis, Garrow, Hanby, Hitchcock, Hopkins, Hughes, Jackson, King, M=Vay, Metcalf, Minor, Phillips, Pickens (of Monroe) Pickens (of Washington) Saffold, Sims, Taylor, Terril, Thompson, Tindal, Townes, Vaughan, Watkins, Wiggins, Wright and Williams-38.
Mr. Bibb, (of Limestone) moved to amend the 8th section of the Schedule, by striking out (in the 10th line) the word “three,” and inserting the word “four,” with a view of giving Limestone county four representatives. And the question being taken thereon, it was decided in the negative.
On motion ordered that the Constitution be now engrossed for a third reading.
On motion of Mr. Clay Resolved, that a committee of three members be appointed to superintend the engrossing of the Constitution, whereupon Messrs. Clay, King and Hitchcock, were appointed.
On motion of Mr. Saffold “Resolved,” that the Secretary be authorised to employ an additional clerk.
On motion of Mr. Taylor Resolved, that when this Convention adjourns, it will adjourn till 11 o'clock to-morrow morning.
On motion ordered that the Convention do now adjourn.