ELEVENTH DAY.

CCC

SECRET SESSION.

MONTGOMERY, ALA.,

January 17th, 1861.

The Convention met pursuant to adjournment, and was called to order by the President.

The Convention was opened with prayer by the Rev. Mr. Henderson.

The President called the attention of the Convention to a communication from the Governor, covering documents from the Mississippi Convention, presented by her Commissioner, to the Government of the State of Alabama.

Mr. Cochran moved their reference to the Committee on Foreign Relations, which was adopted.

CALL OF COMMITTEES.

The regular call of Committees was resumed from yesterday.


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Mr. Bragg, from the Committee on Imposts and Duties, made the following report with accompanying resolutions:

The Committee on Imposts and Duties, to whom was referred the communication of his Excellency the Governor, transmitting to the Convention a telegraphic dispatch from Thadeus Sanford, the Collector of the Port at Mobile, to the effect that a draft, dated January 7th, 1861, for the sum of Twenty-six Thousand Dollars drawn on his office by the Treasury Department of the Government of the United States, and asking to be instructed whether he should pay the same have had the same under consideration and ask leave to report.

That it appears from the dispatch that the said draft was drawn on the 7th of January inst., a date anterior to the passing of the ordinance withdrawing Alabama from the Federal Union. The draft is in favor of the United States Navy Agent at Pensacola, and the object of it is stated to be, to pay certain merchants and mechanics in Pensacola for goods furnished and labor performed for the United States, and certain other merchants in the city of Mobile for supplies furnished by them to the same Government.

In annulling the office of Collector at the Port of Mobile as a United States office, and reclaiming that port as embraced within the jurisdiction of, and appertaining to the State of Alabama, in her sovereign capacity, this Convention in its Ordinance passed to effect that object, imposed upon the Collector thereby appointed as an officer of the State, the duty of retaining in his hands, until the further order of the Convention, all such money as might be in his possession at the date of the passing of the said ordinance.

Under the circumstances by which the Convention was surrounded, it was deemed advisable to pursue such a course, not with a view of laying violent hands upon funds in the possession of an officer of the United States, but simply as a measure of self-protection, and with the purpose of facilitating a fair settlement of the various complicated questions that must necessarily arise in the future between the Government from which she had withdrawn, and the State of Alabama.

From the date of this draft, it will be seen, that it was drawn before the passing of the Ordinance requiring the Collector to retain such funds in his hands, as well as be-


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fore the Ordinance of Secession. It will also be seen, that it was drawn for certain purposes involving the interests of third parties, who seem to be interposed in such manner as to take from the case the simple features of a question between the Government of the United States and the State of Alabama. Those parties performed services for, and furnished goods and supplies for the Government of the United States, previous to the withdrawal of Alabama from the Union. There was an obligation imposed on that Government of which Alabama was then a constituent part, to pay for this labor and these supplies; and it seems to your Committee, that every principle of good faith and an honest desire to preserve inviolate the sanctity of contracts, require that these parties should be paid their just dues. The best way to secure justice to ourselves is to do justice to others. But it may be said, why not retain this money and remit these parties to the Government of the United States to be paid out of other funds in the Treasury of that Government? The answer is, that this is the fund out of which such obligations as arise at the points indicated, (Pensacola and Mobile,) are accustomed to be paid, and to which the parties no doubt looked, when the supplies were furnished and the labor performed. To send these parties back now to the Government of the United States for payment, when the monetary affairs of the country are in such a condition that men of the amplest means and largest credit are scarcely able to sustain themselves; to require them to rely on the crippled Treasury of a mere fragmentary Government for payment, when the obligation was incurred when that Government was a whole; and when such a course would amount to an indefinite postponement of payment, seems to your Committee to involve the grossest injustice to these parties, as well as a departure from the manifest policy that should govern the action of this Convention in its relations with the Government of the United States as well as our own people.

The Committee have accordingly instructed me to report to the Convention the following resolution, and ask its adoption.

Resolved, That in response to the dispatch received from T. Sanford, Collector at the Port of Mobile, in reference to a United States Treasury draft bearing date the 7th


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January, 1861, drawn on his office for the sum of twenty-six thousand dollars, the Governor be authorized to inform him that it is the sense of this Convention that he pay the same.

JOHN BRAGG, Chairman.

On motion, the report was concurred in and resolution adopted.

A message from the Governor was received. The message contained matters in reference to clearances from Mobile Custom House.

Mr. Jemison moved to refer it to the Committee on Imposts and Duties. Adopted.

The message from the Governor also communicated to the Convention the report of the Hon. L. P. Walker, late Commissioner to the State of Tennessee. Report laid on the table.

Mr. Dowdell, from the Committee on Public Expenditures, made the following report:

The Committee on Public Expenditures, to whom was referred the resolution introduced by Mr: Johnson, to authorize the payment of certain expenses incurred by the Door-keeper in the purchase of postage stamps for the use of the Convention, having had the same, under consideration, beg leave to report it back to the Convention and recommend its adoption, with the following additional resolution:

Resolved, That it is inexpedient to authorize further expenditures for postage on account of members of the Convention.

J. F. DOWDELL, Chairman.

Report concurred in, and resolution adopted.

Mr. Posey moved to suspend the call of Committees, to make a motion. Adopted.

Mr. Posey then moved to remove the injunction of secrecy, so far as it applied to the report and resolution of Mr. Bragg, Chairman of Committee on Imposts and Duties, just now concurred in and adopted. Mr. Posey’s resolution was adopted, and the injunction of secrecy removed.

Mr. Morgan moved to suspend the call of Committees, to introduce a resolution. Adopted.

Mr. Morgan then introduced the following:

Resolved, That a copy of the report and ordinance to make provisional postal arrangements be certified to the Governor, and that he be requested to make proclamation of the same. Adopted.

The call of committees was resumed.


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Mr. Cochran, from the Committee on the Constitution, reported “An Ordinance to appoint a Council of State.”

Mr. Yancey moved to lay on the table, and print two hundred copies for the use of the Convention, which was accepted.

Mr. Watts, from the Committee on the Judiciary and Internal Affairs, made the following report:

The Committee on the Judiciary and Internal Affairs, to whom was referred “an Ordinance to continue laws not repugnant to the Constitution,” have had the same under advisement, and have instructed me to report a substitute therefore, and recommend its passage.

Mr. Baker, of Russell, moved to lay the substitute on the table, and print two hundred copies. Adopted.

Mr. Humphries suggested the presence in the Capitol of Gen. T. J. Butler, and moved that he be admitted to a seat on the floor. Lost.

Mr. Watts called up the report of the Committee on the Judiciary and Internal Affairs upon "an Ordinance in relation to the Public Lands,” which had been heretofore informally passed over, which is as follows:

The Committee on the Judiciary and Internal Affairs, to whom was referred “an Ordinance in relation to the Public Lands,” have instructed me to report back said ordinance, with the recommendation that it be referred to a special committee of seven persons, selected with a view to their knowledge of such matters. That with the accumulating business of this Committee, they have no time to get the information and make the investigations requisite to a proper understanding of the complicated matters invoked in the ordinance. And this committee asks to be discharged from the further consideration of the subject.

The resolution of inquiry referred to this committee, touching the same matters, they have instructed to report back, and have instructed me to report the accompanying resolution covering the matters in the said ordinance and resolution referred to:

Resolved, That a committee composed of seven delegates be appointed by the President of this Convention, to take into consideration all questions touching the Public Lands within the State of Alabama.

Respectfully submitted,

T. H. WATTS, Chairman.

Report concurred in and resolution adopted.


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Mr. Morgan, by leave, offered the following resolution:

Resolved, That the Committee on the constitution be instructed to prepare, and report for the action of this Convention, such amendments to the Constitution of this State as, in the opinion of the Committee, should be adopted.

Mr. Cochran offered to amend Mr. Morgan's resolution so as to add three members to the Committee. Amendment adopted, and resolution, so amended, adopted.

Mr. Foster offered a resolution proposing two heads of departments to the Executive Department of the Government of the State of Alabama.

Mr. Crook moved a reference to the Committee on the Constitution. Adopted.

Mr. Jemison offered the following resolution:

Resolved, That the future deliberations and action of this Convention shall be restricted and confined to such changes and modifications of the organic or fundamental law as have become necessary by the present political status of our State.

Mr. Cochran moved to lay on the table. By leave, withdrawn.

Mr. Watts moved to amend Mr. Jemison's resolution by inserting after the first word, “resolved,” the words, “it is the sense of this Convention.”

Mr. Jemison accepted the amendment.

Mr. Cochran moved to lay on the table.

Mr. Cochran obtained leave and withdrew his motion to lay on the table, at the request of Mr. Jemison.

Mr. Jemison renewed Mr. Cochran's motion to lay on the table.

The question being upon laying on the table, the ayes and nays were called for, which resulted, ayes, 30; nays, 68; so the motion to lay on the table was lost.

Those who voted in the affirmative, are-Messrs. President, Baily, Baker, of Barbour, Baker, of Russell, Barnes, Blue, Bragg, Clarke, of Marengo, Clemens, Cochran, Coleman, Daniel, Davis, of Covington, Dowdell, Gibbons, Henderson, of Macon, Henderson, of Pike, Howard, Jewett, Ketchum, McPherson, Morgan, Phillips, Ryan, Shortridge, Smith of Henry, Starke, Stone, Wood, Yancey-30.

Those who voted in the negative, are-Messrs. Allen, Barclay, Beck, Bolling, Brasher, Bulger, Catterlin, Clarke,


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of Lawrence, Coffey, Coman, Crawford, Creech, Crook, Crumpler, Curtis, Dargan, Davis, of Madison, Davis, of Pickens, Earnest, Edwards, Ford, Forrester, Foster, Franklin, Gay, Gilchrist, Green, Guttery, Hawkins, Herndon, Hood, Humphries, Inzer, Jemison, Jones, of Fayette, Jones, of Lauderdale, Johnson, Kimball, Leonard, Lewis, Love, McClanahan, McClellan, McPherson, McKinnie, Owens, Posey, Potter, Ralls, Rives, Sanford, Sheets, Sheffield, Silver, Slaughter, Smith, of Tuscaloosa, Steadham, Steele, Taylor, Timberlake, Watkins, Watts, Webb, Whatley, Whitlock, Williamson, Wilson, Winston-68.

Mr. Clemens moved to postpone till Monday next.

Mr. Watkins moved to add the words, “unless in case of actual necessity.”

Ruled by the Chair not in order.

Mr. Dargan moved to lay on the table.

Ruled not in order.

Mr. Phillips moved to amend so as to postpone consideration of the subject until the 1st day of February, instead of next Monday. Withdrawn by leave.

The question being taken upon Mr. Clemens= motion to postpone until next Monday, it was carried.

Mr. Yancey said the hour had arrived, and moved to take up the special order.

Mr. Whatley moved to suspend consideration of the special order, for the particular purpose of offering a resolution. The motion to suspend was adopted, and Mr. Ketchum offered the following resolution:

Resolved, That the Ordinance of Secession adopted on the 11th inst., be ordered to be engrossed on parchment, sealed with the Great Seal of the State, and at 12 o=clock, p m., on Saturday next, the 19th day of January, in the Hall of the House of Representatives, publicly, and in the presence of all the public authorities of Alabama, signed by those members of the Convention who may desire to do so at that time.

A communication from the Governor was announced, in compliance with resolutions of inquiry of, “How many men within this State are liable to perform, under existing laws, military service? How many are actually enrolled? How many companies of artillery and how many companies of cavalry, have been organized under the Military Bill, or exist independently of that Bill?”


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Mr. Yancey moved to lay the message temporarily on the table. Adopted.

The consideration of Mr. Ketchum’s motion was resumed.

Mr. Phillips moved to amend by adding the words, “and that afterwards it lie on the table to be signed by such others as may choose to do so,” which was accepted.

Mr. Morgan moved to amend by striking out all after the word “resolved,” and inserting in lieu thereof the following as a substitute:

Resolved, “That the Ordinance of Secession, adopted on the 11th of January, 1861, be engrossed on parchment and laid upon the table to be signed by such members of the Convention as may desire to do so before the final adjournment of this body;” and the substitute was adopted.

Mr. Beck moved to lay Mr. Morgan’s substitute on the table. Lost.

The question was then submitted upon the adoption of Mr. Morgan’s substitute, and it was carried.

At the suggestion of Mr. Yancey, the President now announced the special order of the report of the Committee of Thirteen, on the formation of a Provisional and Permanent government between the seceding States.

The question was on Mr. Bragg’s motion pending, to insert after the word “elect,” in the first line of the third resolution, as per printed reports, the following words: “by ballot., and without nomination.”

Mr. Clarke, of Marengo, called for a division of the question upon the proposed amendment, so that the sense of the Convention might be taken separately on the two clauses, “by ballot” and “without nomination” and the words Aby ballot@ were adopted as an amendment.

Mr. Bragg withdrew the latter clause, “and without nomination.”

Mr. Bragg moved to amend by inserting in the second line of the first resolution, after the word “Convention,” the words, “on the fourth day of February, at the city of Montgomery.” Amendment adopted.

Mr. Jemison moved to strike out all after the words “United States,” where it occurs in the third line of the first resolution: “and also to prepare and consider upon a plan of permanent government for the seceding States.”

The hour of adjournment having arrived, Mr. Jewett moved a suspension of the rule of adjournment, to enable him to proceed with his remarks. Lost.


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Mr. Morgan moved to adjourn to meet again at 7 2 o’clock, p. m.

CCCC

Thursday night, January 17th, 1861.

The Convention was called to order at the appointed hour by the President.

Mr. Potter offered the following as a substitute for the amendment of Mr. Jemison to take the place of the first resolution:

Resolved, That this Convention cordially approve of the suggestions of the Convention of the people of South Carolina to meet them in Convention, to frame a Provisional Government, upon the principles of the Constitution of the United States, and also to prepare a plan for the creation and establishment of a Permanent Government for the seceding States, upon the same principles; which plan shall be submitted to the Conventions of such States, for adoption or rejection.

Mr. Jemison arose to a point of order, that the substitute was not in order. The Chair overruled the point.

Mr. Potter asked leave to withdraw his substitute. Not granted.

The question being on substituting the amendment of Mr. Potter for the amendment of Mr. Jemison, to take the place of the first resolution, it was carried without a dissenting voice.

Mr Yancey moved to amend by inserting in the substitute the words, “on the fourth day of March, 1861, in the city of Montgomery,” after the word “Convention,” in the fourth line. Adopted.

Mr. Jemison offered the following amendment to the substitute:

Be it further resolved, That the plan for a Permanent Government, proposed by the Convention of seceding States, shall be submitted, for ratification or rejection, to the Legislatures of the several States, or to Conventions hereafter to be elected by the people of the several States, as may be proposed by the Convention of seceding States. By leave, withdrawn.

Mr. Dargan moved the following amendment to be added to the substitute, which now stands for the first resolution:

“And no Provisional Government that may be formed


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shall be inconsistent with the Constitution of the State of Alabama.” Lost.

Mr. Johnson moved, by way of amendment, the following:

Resolved, That we approve of the suggestion that each State should send to said Convention as many deputies as it now has, or has lately had, Senators and Representatives in the Congress of the United States, and that votes taken in said Convention should be per capita.

Mr. Yancey moved to lay on the table.

Mr. Johnson obtained leave and withdrew his proposed amendment, at the suggestion of friends.

Mr. Bulger offered the following, to be added to the last resolution by way of amendment:

“The members of which shall be elected by the people.”

It was moved to lay it on the table. The ayes and nays were called.

Those who voted in the affirmative are,-Messrs. President, Baily, Baker, of Barbour, Barnes, Beck, Blue, Bolling, Catterlin, Clarke, of Marengo, Cochran, Coleman, Creech, Crook, Curtis, Daniel, Dargan, Davis, of Covington, Davis, of Pickens, Dowdell, Foster, Gibbons, Gilchrist, Hawkins, Henderson, of Macon, Henderson of Pike, Herndon, Howard, Humphries, Jewett, Ketchum, Love, McClanahan, McPherson, McKinnie, Morgan, Owens, Rives, Ryan, Shortridge, Silver, Smith, of Henry, Starke, Stone, Watts, Webb, Whatley, Williamson, Winston, Yancey, Yelverton-49.

Those who voted in the negative are,-Messrs. Allen, Barclay, Brasher, Bulger, Clarke, of Lawrence, Coman, Crawford, Crumpler, Davis, of Madison, Edwards, Ford, Franklin, Guttery, Hood, Inzer, Jemison, Jones, of Fayette, Jones, of Lauderdale, Johnson, Kimball, Leonard, Lewis, McClellan, Posey, Potter, Ralls, Sanford, Sheets, Sheffield, Slaughter, Smith, of Tuscaloosa, Steadham, Steele, Taylor, Timberlake, Watkins, Whitlock, Wilson, Wood-39.

Mr. Jemison moved to adjourn.

The ayes and nays were called for.

Those who voted in the affirmative are,-Messrs. Allen, Barclay, Brasher, Bulger, Clarke, of Lawrence, Coman, Crumpler, Davis, of Madison, Edwards, Ford, Foster, Franklin, Guttery, Hood, Inzer, Jemison, Jones, of Fayette, Jones, of Lauderdale, Johnson, Kimball, Leonard, Lewis, McClellan, Posey, Potter, Sanford, Sheets, Sheffield, Slaughter, Smith,


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of Tuscaloosa, Steadham, Steele, Taylor, Timberlake, Whitlock, Wilson, Winston-37.

Those who voted in the negative are,-Messrs. President, Baily, Baker, of Barbour, Barnes, Beck, Blue, Bolling, Catterlin, Clarke, of Marengo, Cochran, Coleman, Creech, Crook, Curtis, Daniel, Dargan, Davis, of Covington, Dowdell, Gibbons, Gilchrist, Hawkins, Henderson, of Macon, Henderson, of Pike, Herndon, Howard, Humphries, Jewett, Ketchum, Love, McClanahan, McPherson, McKinnie, Morgan, Owens, Ralls, Rives, Ryan, Shortridge, Silver, Smith, of Henry, Starke, Stone, Watkins, Watts, Webb, Whatley, Williamson, Wood, Yancey, Yelverton-50.

The question being upon the adoption of the report and amendment,

Mr. Watts offered the following amendment to be added to the last resolution:

“And that the delegates shall be elected separately, and each delegate shall receive a majority of the members.”

Mr. Bulger moved to adjourn, which was withdrawn. Voting.

And the report and resolutions were adopted as follows:

REPORT AND RESOLUTIONS

FROM THE COMMITTEE OF THIRTEEN, UPON TIE FORMATION OF A PROVISIONAL AND PERMANENT GOVERNMENT BETWEEN THE SECEDING STATES.

The Committee of Thirteen, beg leave to report that they have had under consideration the “Report and resolutions from the Committee on relations with the Slaveholding States,” providing for the formation of a Provisional and Permanent Government by the seceding States; adopted by the people of the State of South Carolina, in Convention, on the 31st December, 1860, and submitted to this body by the Hon. A. P. Calhoun, Commissioner from South Carolina-which report and resolutions were referred to this Committee.

They have also had under consideration the resolutions upon the same subject, referred to them, which were submitted by the delegates from Barbour and from Tallapoosa.

All of these resolutions contemplate the purpose of forming confederate relations with such of our sister States of


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the South as may desire to do so. The only disagreement between them is, as to the details in effecting that object. The Committee unanimously concur in the purpose, and plan proposed by the Convention of the people of South Carolina. In the opinion of the Committee, there has never been any hostility felt by any portion of the people of Alabama against the Constitution of the United States of America. The wide-spread dissatisfaction of the people of this State, which has finally induced them to dissolve the Union styled the United States of America, has been with the conduct of the people and legislatures of the Northern States setting at naught one of the plainest provisions of the Federal compact, and with other dangerous misinterpretation of that instrument, leading them to believe that the Northern people design, by their numerical majority acting through the forms of government, ultimately to destroy many of our most valuable rights.

With the people of South Carolina, we believe that the Federal Constitution “presents a complete scheme of confederation, capable of being speedily put into operation;” that its provisions and true import are familiar to the people of the South, “many of whom are believed to cherish a degree of veneration for it, and that all would feel safe under it, when in their own hands for interpretation and administration, especially as the portions, that have been by perversion, made potent for mischief and oppression in the hands of adverse and inimical interests, have received a settled construction by the South; that a speedy confederation by the South is desirable in the highest degree, which it is supposed must be temporary, at first (if accomplished as soon as it should be,) and no better basis than the Constitution of the United States is likely to be suggested or adopted.” This Convention, in the resolutions accompanying the Ordinance dissolving the Union, has already responded to the invitation of the people of South Carolina to meet them in Convention for the purpose indicated in their resolutions, and have named Montgomery, in this State, and the 4th day of February, as the appropriate place and time at which to meet.. In fixing the time and place, this Convention but concurred in the suggestions of the honorable gentleman representing the people of South Carolina before this body. We are aware that several of our sister States, which have indicated a dispo-


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sition to secede from the Union, and have called Conventions of their people, may not be able to meet us at so early a day; but the great importance to the States which have already seceded, and which are likely to secede by that date, of having a common government to manage their federal and foreign affairs in the emergency now pressing upon them, outweighed, in the opinion of the Committee, the considerations which suggested delay. The Committee more readily came to this conclusion, as the Convention which will meet on the 4th of February will at first be engaged in the formation of a Provisional Government, leaving the more important question of a Permanent Government to be considered of at a later day; by which time it is hoped and believed that all the Southern States will be in a condition to send deputies to the Convention, and participate in its councils. It was thought also that the proposition to form the Provisional Government upon the basis of the Federal Constitution, so much revered by all the Southern States, would meet with the approval of all those which may secede. The Committee are also of opinion that the election of the deputies to meet the people of our sister States in Convention, should be made by the Convention. To submit the election to the people would involve a dangerous delay, and it would be impracticable to secure an election by the people before the 4th of February next.

The Committee, therefore, recommend to the Convention the adoption of the following resolutions, viz:

Resolved, That this Convention cordially approve of the suggestions of the Convention of the people of South Carolina to meet them in Convention on the 4th day of February, 1861, in the city of Montgomery, to frame a Provisional Government, upon the principles of the Constitution of the United States, and also to prepare a plan for the creation and establishment of a Permanent Government for the seceding States, upon the same principle, which plan shall be submitted to the Conventions of such States for adoption or rejection.

Resolved, That we approve of the suggestion that each State shall send to said Convention as many deputies as it now has, or has lately had, Senators and Representatives in the Congress of the United States; and that each State shall have one vote upon all questions upon which a vote may be taken in said Convention.


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Resolved, therefore, That this Convention will proceed to elect by ballot one deputy from each Congressional district in this State, and two deputies from the State at large at 12 o'clock, meridian, on Friday, the 18th of January, instant who shall be authorized to meet in Convention such deputies as may be appointed by the other Slaveholding States who may secede from the Federal Union, for the purpose of carrying into effect the foregoing and the resolutions attached to the Ordinance dissolving the Union, and that the deputies shall be elected separately, and each deputy shall receive a majority of the members voting.

And, on motion, the Convention adjourned until to-morrow 10 o'clock.