THIRTEENTH DAY.

CCC

SECRET SESSION.

MONTGOMERY, ALA.,

January 19th, 1861.

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


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Prayer by Rev. Mr. Ralls.

The minutes were read and approved.

Mr. Clarke of Marengo, asked leave, and obtained it, to change his vote in reference to New York Resolutions, and he voted in the affirmative.

Mr. Jemison moved to suspend the regular business to make a report, which motion prevailed.

Mr. Jemison, from Committee on Finance and Commerce, made the following report:

The Committee on Finance and Commerce, to whom was referred an Ordinance in respect to the issuance of Bonds of the State, have had the same under consideration and instructed me to report a substitute therefore, and recommend its adoption.

JEMISON, Chairman.

The substitute is entitled “An ordinance to provide for the issuance of State Bonds.”

Mr. Jemison moved that the report be concurred in and adopted.

Mr. Whatley moved to amend the ordinance, filling the blank with “three.” The motion was withdrawn.

Mr. Brooks (Mr. Webb in the chair) moved to amend by striking out the words “To an amount not to exceed____millions of dollars.” Adopted.

Mr. Jemison moved to amend by striking out “in all in sums of five hundred or one thousand dollars each,” and insert in lieu thereof the following words: “in such sums,” which amendment was adopted.

The question being upon adopting the amended ordinance as a substitute for the one reported by the committee, it was adopted.

The question was then upon the passage of the ordinance as it was amended, and it was passed.

Mr. Clemens moved to suspend the regular business in order to take up the reports of the Committee on Military Affairs, but withdrew the motion.

The regular order of business being the election of Deputies to the Southern Convention, was then taken up.

Mr. Catterlin asked and obtained leave to withdraw the name of Mr. Lyon as a candidate from the First Congressional District.


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On the third ballot, Messrs. E. W. Pettus and C. J. McRae alone being in nomination, Mr. Pettus received 38 votes, Mr. McRae 44, and Mr. Lyon 18-total 101.

Mr. Morgan asked and obtained leave to withdraw the name of E. W. Pettus of Dallas.

And on the fourth ballot, Mr. McRae received 57 votes, Mr. Lyon 28, and Mr, Pettus 13-total 98; and Mr. McRae was declared duly elected a Delegate to the Southern Convention from the First Congressional District.

The President announced it in order to proceed to elect a Deputy for the Second Congressional District.

Mr. Williamson put in nomination the name of Lewis L. Cato of Barbour.

Mr. President asked leave to put in nomination John Gill Shorter of Barbour, D. U. Baine of Lowndes, and James L. Pugh of Barbour.

Mr. Rives nominated Cornelius P. Robinson, of Lowndes.

And on the first ballot, Mr. Cato received 45 votes, Mr. Shorter 31, Mr. Baine 11, Mr. Robinson 6, Mr. Pugh 1-total 94.

The names of Mr. Pugh and Mr. Baine were withdrawn.

Mr. Rives withdrew the name of Mr. Robinson.

And on the second ballot-

Mr. Cato received________________________38 votes.

Mr. Shorter received______________________56 votes

Mr. Robinson received_____________________4 votes

C

Total________________________98

And the President announced that Mr. Shorter was duly elected a Delegate from the Second Congressional District.

The President announced that it was in order to proceed to the election of a Delegate from the Third Congressional District.

Mr. Barnes nominated Samuel F. Rice.

Mr. Foster nominated W. P. Chilton.

Mr. Yancey asked him to withdraw the name of W. P. Chilton, as he did not desire the position; which was not done.

Mr. Herndon nominated John A. Elmore, but with-


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drew his name upon statement being made that he could not serve.

Mr. Bolling nominated Thomas J. Judge.

And on the first ballot-

Mr. Rice received_________________________21 votes

Mr. Chilton received_______________________51 votes

Mr. Judge received________________________16 votes

Mr. Yancey received________________________4 votes

Mr. Cato received__________________________5 votes

C

Total_____________________________97

And the President announced that W. P. Chilton was duly elected a Delegate to the Southern Convention from the Third Congressional District.

The President then announced that it was in order to proceed to the election of a Delegate for the Fourth Congressional District.

Mr. Bailey nominated J. W. Garrott of Perry.

Mr. Jemison nominated A.  L.  Whitfield of Tuscaloosa.

Mr. Gilchrist nominated S. F. Hale, of Greene.

And on the first ballot-

Mr. Garrett received_______________________23 votes

Mr. Hale received_________________________28 votes

Mr. Whitfield received_____________________45 votes

Mr. Cato received__________________________2 votes

Mr. Yancey received________________________1 vote

C

Total_____________________________99

And there vas no election.

On the second ballot-

Mr. Garrett received_______________________10 votes

Mr. Hale received_________________________39 votes

Mr. Whitfield received_____________________46 votes

Mr. Cochran received_______________________1 vote

C

Total____________________________96

And there was no election.

Mr. Bailey withdrew the name of Mr. Garrott.

And on the third ballot-


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Mr. Hale received_________________________51 votes

Mr. Whitfield received_____________________45 votes

Mr. Cochran received_______________________1 vote

Mr. Yelverton received______________________1 vote

C

Total___________________________98

And the President proceeded to announce that Mr. Hale was duly elected a Delegate from the Fourth Congressional District.

The President then announced that it was in order to proceed to the election of a Delegate front the Fifth Congressional District.

Mr. McClellan nominated Luke Pryor of Limestone.

Mr. Whatley nominated John E. Moore of Lauderdale.

Mr. Herndon nominated David P. Lewis of Lawrence.

And on the first ballot-

Mr. Pryor received_________________________40 votes

Mr. Moore received________________________33 votes

Mr. Lewis received_________________________24 votes

Mr. Walker received_________________________1 vote

Mr. Whatley received________________________1 vote

And there was no election.

Mr. McClellan withdrew the name of, Mr. Pryor.

On motion of Mr. Baker of Russell the rule requiring the Convention to adjourn at 2 o’clock was suspended.

Mr. Whatley withdrew the name of Mr. Moore.

And on the second ballot-

Mr. Lewis received________________________65 votes

Mr/ Houston received_______________________2 votes

Mr. Pryor received__________________________6 votes

Mr. Moore received________________________11 votes

Mr. Cato received___________________________1 vote

C

Total________________________85

And the President announced Mr. D. P. Lewis duly elected a Deputy to the Southern Convention for the Fifth Congressional District.

The President then announced that it was in order to proceed to the election of a Deputy for the Sixth Congressional District.


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Mr. Beard nominated Dr. Thomas Fearn of Madison.

Mr. Ralls nominated F. M. Hardwick of Cherokee.

And on the first ballot-

Mr. Hardwick received_____________________26 votes

Mr. Fearn received________________________72 votes

Mr. L. P. Walker received___________________1 vote

C

Total_________________________99

And the President announced that Dr. Thomas Fearn was duly elected a Deputy to the Southern Convention for the Sixth Congressional District.

The President then announced that it was in order to proceed to the election of a Deputy for the Seventh Congressional District.

Mr. Ryan nominated G. L. Whatley, who withdrew his own name, and nominated J. L. M. Curry of Talladega.

Mr. Johnston nominated W. H. Smith of Randolph.

And on the first ballot-

Mr. Curry received________________________52 votes

Mr. Smith received________________________47 votes

C

Total___________________________99

The President announced that Mr. Curry was duly elected Deputy to the Southern Convention for the 7th Congressional District.

The President then announced that it was in order to proceed to the election of two Deputies for the State at large.

Mr. Bragg nominated Richard W. Walker.

Mr. Jemison nominated Robert H. Smith. It was withdrawn temporarily.

Mr. Beck nominated W. L. Yancey. Mr. Yancey requested him to withdraw it, which he did temporarily.

Mr. Clark of Marengo nominated E. W. Pettus. Temporarily withdrawn.

Mr. Jemison moved to adjourn. Lost.

Mr. R. W. Walker alone being in nomination, on the first ballot-

Mr. Walker received_______________________86 votes

Mr. Jemison received_______________________3 votes

Mr. Smith received_________________________1 vote


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Mr. Clemens received______________________1 vote

Mr. L. P. Walker received___________________2 votes

Mr. Yancey received_______________________1 vote

C

Total_______________________94

And the President announced that R. W. Walker was duly elected one of the Deputies for the State at large.

Mr. Jemison renewed the nomination of R.H. Smith of Mobile.

Mr. Beck renewed the nomination of W. L. Yancey.

Mr. Yancey again asked him to withdraw it. Mr. Beck refusing, Mr. Yancey desired that it might be entered upon the journals that he declined to be considered a candidate, and would not accept the position. He said he had repeatedly declared to his friends his determination not to be a candidate, and once before to the Convention; and he had done so upon well matured views, still entertained.

Mr. Jewett nominated Charles T. Pollard of Montgomery.

Mr. Clarke of Marengo renewed the nomination of E. W. Pettus.

Messrs. Smith, Pettus and Pollard alone being in nomination, on the first ballot-

Mr. Yancey received_______________________38 votes

Mr. Smith received________________________50 votes

Mr. Pettus received_________________________8 votes

Mr. Pollard received________________________2 votes

C

Total_____________________98

And the President announced the election of Robt. H. Smith, as the other Deputy for the State at large.

On motion by Mr. Baker of Russell, secrecy in relation to the election was removed.

Mr. Ketchum offered an ordinance to provide for the treatment of sick and disabled seamen in the port of Mobile; which was referred to the Committee on Imposts and Duties.

Mr. Yancey moved to remove secrecy in regard to the report and resolutions in relation to the Southern Convention. Adopted.


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The ordinance reported by Mr. Clemens, from the Committee on Military Affairs, was then taken up.

The question being on Mr. Jemison’s motion to lay the ordinance on the table, and print 200 copies for the use of the Convention, the question was lost.

Mr. Watts, by general consent, moved that Gen. P. H. Brittan, Secretary of State, be admitted to a seat on the floor of the Convention; which was agreed to.

The ordinance was then adopted.

Mr. Clemens moved to remove the injunction of secrecy from the ordinance just passed, and that a copy be transmitted to the Speaker of the House of representatives; which was adopted.

Mr. Silver offered the following resolutions, which were adopted:

Resolved, That the Committee on the Constitution be instructed to inquire into the propriety of expressing the sense of this Convention that the Southern Convention shall not transfer the right resumed by the people of Alabama, by the ordinance of the 11th January, 1861, either to naturalize foreigners or to make uniform laws of naturalization.

Also, the sense of this Convention that no power shall be given to the legislature of Alabama to make uniform laws of naturalization; but that the power shall be and remain where it is now, by the custom of nations, in the supreme government of the State, to be exercised in each individual case at its discretion.

Mr. Yancey moved to take up the ordinance to establish a Council of State for the Governor.

Mr. Jemison moved to adjourn until 10 o’clock A. M. tomorrow: which was adopted.