FOURTEENTH DAY.

CCC

SECRET SESSION.

MONTGOMERY, ALA.

January 21, 1861.

The Convention met pursuant to adjournment.

Prayer by Rev. Mr. Russell.

Mr. Dowdell moved to suspend the regular order of


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business to enable him to introduce a resolution. Suspended.

Mr. Jemison made a like motion; with like result.

Mr. Herndon the same.

Mr. Dowdell offered his resolution, as follows:

Resolved, that the rule requiring this Convention to sit with closed doors be and the same is hereby repealed, and that the injunction of secrecy upon the proceedings be removed, unless in cases with special provisions to the contrary; and that spectators be admitted into the gallery.

Mr. Jemison offered to amend, by striking out all after the word “resolved,” and insert in lieu thereof “that the injunction of secrecy be removed from all proceedings of this Convention, except so far as has been or may be specially provided to the contrary.”

Mr. Dowdell moved to lay the amendment on the table.

Mr. Jemison moved to amend the amendment, so as to include the original in the motion to lay on the table.

Mr. Watts called for a division of the question. Decided by the Chair, not divisible.

A motion was made to lay the whole matter on the table.

Mr. Jemison called for the yeas and nays.

The question being on the motion to lay on the table, the yeas and nays were taken as follows:

Ayes-Messrs. Bailey, Baker of Barbour, Baker of Russell, Barnes, Beck, Bolling, Catterlin, Clarke, of Marengo, Cochran, Coleman, Creech, Crook, Daniel, Dargan, Davis of Covington, Davis of Pickens, Dowdell, Earnest, Forrester, Foster, Gibbons, Henderson of Macon, Henderson of Pike, Herndon, Howard, Jewett, Ketchum, Love, McClanahan, McPherson, McKinnie, Owens, Halls, Rives, Ryan, Shortridge, Silver, Smith of Henry, Starke, Stone, Watts, Webb, Whatley, Williamson, Yancey, Yelverton-46.

Nays-Messrs. President, Allen, Barclay, Beard, Bragg, Brasher, Bulger, Clarke of Lawrence, Clemens, Coffey, Coman, Crawford, Crumpler, Curtis, Davis of Madison, Edwards, Ford, Franklin, Gay, Gilchrist, Green, Guttery, Hawkins, Hood, Inzer, Jemison, Jones of Fayette, Jones


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of Lauderdale, Johnson, Kimball, Leonard, McClellan Morgan, Posey, Potter, Russell, Sanford, Sheets, Sheffield, Slaughter, Smith of Tuscaloosa, Steadham, Steele, Taylor, Timberlake, Watkins, Whitlock, Wilson, Winston, Wood-50.

And the motion to lay on the table was lost.

Mr. Dowdell offered the following amendment to Mr. Jemison’s amendment, to include the original resolution in the motion to lay on the table, to wit: “and that the further proceedings of this body be conducted with open doors, unless otherwise ordered by the Convention.”

A motion was made to lay the whole matter on the table, and the yeas and nays called for, with the following result:

Yeas-Messrs. President, Allen, Bailey, Barclay; Beard, Bragg, Brasher, Clark of Lawrence, Clemens, Coffey, Coman, Crawford, Creech, Crumpler, Curtis, Edwards, Forrester, Foster, Franklin, Gay, Gilchrist, Guttery, Hawkins, Hood, Jemison, Jones of Fayette, Jones of Lauderdale, Johnson, Kimball, Leonard, Love, McClellan, Morgan, Posey, Potter, Russell, Sanford, Sheets, Sheffield, Slaughter, Smith of Henry, Smith of Tuscaloosa, Steadham, Steele, Taylor, Timberlake, Watkins, Webb Whitlock, Winston, Wood-51.

Nays-Messrs. Baker of Barbour, Baker of Russell, .Barnes, Beck, Bolling, Bulger, Catterlin, Clark of Marengo, Cochran, Coleman, Crook, Daniel, Dargan, Davis of Covington, Davis of Madison, Davis of Pickens, Dowdell, Earnest, Ford, Gibbons, Green, Henderson of Macon, Henderson of Pile, Herndon, Howard, Inzer, Jewett, Ketchum, Lewis, McClanahan, McPherson, McKinnie, Owens, Ralls, Rives, Ryan, Shortridge, Silver, Starke, Stone, Watts, Whatley, Williamson, Wilson, Yancey, Yelverton-46.

So the motion to lay the whole matter on the table, was carried.

Mr. Jemison offered a resolution, which was referred to the Committee on the Constitution.

Mr. Henderson of Macon, then offered his resolution, as follows:

Resolved, That a Committee of three be appointed to prepare an address to the people of Alabama.


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Mr. Kimball moved to lay the resolution on the table, and the yeas and nays being called for, resulted:

Yeas-Messrs. Allen, Baker of Barbour, Baker of Russell, Barclay, Beard, Brasher, Bulger, Clark of Lawrence, Clemens, Coffey, Coleman, Coman, Creech, Crumpler, Davis of Covington, Davis of Madison, Edwards, Ford, Forrester, Franklin, Gay, Green, Guttery, Herndon, Hood, Inzer, Jemison, Jones of Fayette, Jones of Lauderdale, Johnson, Kimball, Leonard, McClellan, McKinnie, Owens, Posey, Potter, Russell, Sanford, Sheets, Sheffield, Slaughter, Smith, of Henry, Smith of Tuscaloosa, Steadham, Steele, Taylor, Timberlake, Webb, Whitlock, Wilson, Winston, Wood-52.

Nays-Messrs. President, Bailey, Barnes, Beck, Bolling, Bragg, Clarke of Marengo, Cochran, Crawford, Crook, Curtis, Daniel, Dargan, Davis of Pickens, Dowdell, Earnest, Foster, Gibbons, Gilchrist, Hawkins, Henderson of Macon, Henderson of Pike, Howard, Jewett, Ketchum, Lewis, Love, McClanahan, McPherson, Morgan, Ralls, Rives, Ryan, Shortridge, Silver, Stone, Watkins, Watts, Whatley, Williamson, Yancey, Yelverton-41.

The resolution was laid on the table.

Mr. Herndon then offered his Resolution as follows:

Resolved, That the President of this Convention be requested to instruct the Secretary to transmit to his Excellency the Governor, and to the General Assembly of this State, copies of the Ordinances which have been, or may, from time to time, be adopted by this body, except such as it would be incompatible with the interests of the State of Alabama to be communicated.

The Resolution was adopted.

The President read to the Convention, a communication from the Chairman of a Joint Committee of the General Assembly as follows:

MONTGOMERY, Jan. 18th, 1861.

Sir:-It is made my duty, as Chairman of a Joint Committee of the two Houses, to communicate to the honorable body over which you preside, the following joint resolution:

“Be it Resolved, That the Convention be requested to appoint a Committee, to confer with a joint Committee of the two Houses, for the purpose of ascertaining and


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fixing the respective duties of the said Convention and General Assembly, in regard to the regulations immediately required by the exigencies of the State.”

Very respectfully,

E. C. BULLOCK.

Hon. W. M. BROOKS,

President of the Convention.

Mr. Jemison moved the appointment of a Committee of three, in accordance with the request of the General Assembly, which was adopted.

Mr. Baker of Russell, offered the following resolution:

Resolved, that the Judiciary Committee be instructed to enquire into the expediency of passing an Ordinance relative to what disposition should be made of that class of cases, in which appeals have been taken by citizens of this State, from the decision of the Supreme Court of the State, to the Supreme Court of the United States, and now pending in that Court.

Upon notion, referred to the Judiciary Committee.

Mr. Bragg moved to admit Thadeus Sandford, Esq., Collector of the Port of Mobile, who had been sent for by the Convention, and repaired to the Capitol in obedience to its orders, to a seat on the floor.

Mr. Jewett moved to amend so as to admit the Chancellors of the State.

Mr. Clemens moved to amend the amendment, by adding the words, “the public at large.”

Mr. Clemens withdrew, and instead, offered to reconsider the vote taken on Mr. Dowdell’s resolution, and the amendments by which the whole matter was laid on the table.

Mr. Shortridge moved to suspend the regular order of business, to enable him to offer an Ordinance, which was not agreed to.

Mr. Jemison moved to postpone the consideration of Mr. Clemens’ motion to reconsider, to Saturday next, at 12 M. Lost.

The question being upon Mr. Clemens’ motion to reconsider, the yeas and nays were called, and resulted:

Yeas-Messrs, President, Allen, Bailey, Baker of Barbour, Baker of Russell, Barnes, Bolling, Bulger, Catter-


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lin, Clark of Marengo, Clemens, Cochran, Coleman, Creech, Crook, Daniel, Davis of Covington, Davis of Madison, Dowdell, Earnest, Foster, Gibbons, Henderson, of Macon, Henderson of Pike, Howard, Inzer, Jewett, Johnson, Kimball, Ketchum, Love, McClanahan, McPherson, McKinnie, Owens, Ralls, Rives, Ryan, Shortridge, Silver, Starke, Stone, Watts, Whatley, Williamson, Wilson, Yancey, Yelverton-47.

Nays-Messrs. Beard, Brasher, Clark of Lawrence, Coffey, Coman, Crawford, Crumpler, Curtis, Davis of Pickens, Edwards, Forrester, Franklin, Gay, Green, Guttery, Hawkins, Hood, Jemison, Jones of Fayette, Jones of Lauderdale, Leonard, Morgan, Posey, Potter, Russell, Sanford, Sheets, Sheffield, Slaughter, Smith of Tuscaloosa, Steadham, Taylor, Timberlake, Watkins, Webb, Whitlock, Winston, Wood-44.

The motion to reconsider, was carried.

Mr. Dowdell’s resolution, with the amendment offered to it, was taken up.

The question was, being on laying Mr. McDowell’s amendment to Mr. Jemison’s amendment, on the table, it was adopted.

The question was then upon Mr. Jemison’s amendment, as amended, for adoption or rejection..

Mr. Jemison by leave, withdrew it.

Mr. Bulger moved to lay the amendment on the table, which was carried.

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

That this Convention when it adjourns on this day, stand adjourned to meet in the Theatre in Montgomery, on to-morrow morning at 10 o’clock, and that the people in general be invited to attend.

The Chair ruled the amendment not in order.

Mr. Morgan took an appeal, and the Chair was sustained.

Mr. Smith of Tuscaloosa offered the following as a substitute

Resolved, That the members of the General. Assembly be admitted within this Hall, during the sitting of the Convention.


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Mr. Watts moved to lay it on the table.

Mr. Morgan called for the yeas and nays, which resulted as follows:

Yeas-Messrs. President, Bailey, Baker of Russell, Barnes, Beard, Beck, Blue, Bolling, Bragg, Brasher, Catterlin, Clarke of Marengo, Clemens, Coffey, Coleman, Coman, Creech, Crook, Crumpler, Curtis, Davis of Covington, Davis of Madison, Davis of Pickens, Dowdell, Edwards, Ford, Forrester, Foster, Gibbons, Green, Hawkins, Henderson of Macon, Henderson of Pike, Herndon, Hood, Howard, Jewett, Jones of Lauderdale, Ketchum, Leonard, Lewis, Love, McClanahan, McPherson, McKinnie, Posey, Ralls, Rives, Ryan, Sanford, Shortridge, Silver, Slaughter, Starke, Steele, Taylor, Watkins, Watts, Webb, Whatley Williams, Yancey, Yelverton-63.

Nays-Messrs. Barclay, Bulger, Clarke of Lawrence, Franklin, Gay, Guttery, Inzer, Jones of Fayette, Morgan, Russell, Sheets, Sheffield, Smith of Tuscaloosa, Steadham, Timberlake, Whitlock, Wilson, Winston and Wood-20.

The question then being on the passage of Mr. Dowdell’s resolution, the yeas and nays were called for, and resulted as follows:

Nays-Messrs. Bailey, Baker of Barbour, Baker of Russell, Barnes, Blue, Boiling, Bulger, Catterlin, Clarke of Marengo, Clemens, Cochran, Coffey, Coleman, Creech, Crook, Curtis, Daniel, Davis of Covington, Davis of Madison, Davis of Pickens, Dowdell, Foster, Gibbons, Henderson of Macon, Henderson of Pike, Howard, Inzer, Jewett, Ketchum, Lewis, Love, McClanahan, McPherson, McKinnie, Ralls, Rives, Ryan, Shortridge, Silver, Starke, Stone, Watts, Whatley, Williamson, Yancey and Yelverton-45.

Nays-Messrs. President, Allen, Barclay, Beard, Beck, Bragg, Brasher, Clarke of Lawrence, Coman, Earnest, Edwards, Ford, Forrester, Franklin, Gay, Green, Guttery, Hawkins, Hood, Jemison, Jones of Fayette, Jones of Lauderdale, Kimball, Leonard, McClellan, Morgan, Posey, Potter, Russell, Sanford, Sheets, Sheffield, Slaughter, Smith of Tuscaloosa, Steadham, Steele, Taylor, Timberlake, Watkins, Webb, Whitlock, Wilson, Winston and Wood-44.

And the Convention went into open session.


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OPEN SESSION.

MONTGOMERY, ALA.,

January 21, 1861.

After the adoption of a resolution offered by Mr. Dowdell, to remove the injunction of secresy as to all previous business of the Convention, the gallery was thrown open, and, in open session,

Mr. Shortridge renewed a notion to suspend the regular order of business to permit him to submit an ordinance; which was agreed to, and

Mr. Shortridge introduced “an Ordinance in relation to the collection of debts in the several Courts of this State by persons residing in the non-slaveholding States of the United States of America, and for other purposes:”

Which, on motion of Mr. Shortridge, was referred to the Judiciary Committee.

Mr. President announced the appointment of the Committee of Conference, in reference, in response to the resolution of, and to confer with, the committee of the General Assembly, viz: Messrs. Jemison, Yancey and Clemens.

CALL OF COMMITTEES.

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

The Committee on the Judiciary and Internal Affairs have instructed me to report the Ordinance herewith submitted, and recommend its passage.

“An Ordinance to transfer and regulate the jurisdiction and practice of the several Federal Courts within the limits of the State of Alabama.”

And, on motion of Mr. Watts, the report and Ordinance were laid on the table, and 200 copies ordered to be printed.

Mr. Cochran called up the Ordinance reported by the Committee on the Constitution, to appoint a Council of State.

Mr. Williamson moved to fill the blank with the sum of $10. Lost.

Mr. Morgan moved to fill the blank with $8. Lost.

Mr. Cochran moved to fill the blank with $5.


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Mr. Morgan moved to strike out all in relation to pay, and leave that to the Legislature.

Mr. Beck moved to fill the blank with the sum of four dollars per day and mileage. Adopted.

Mr. Shortridge offered the following amendment, which, on motion of Mr. Beck, was laid on the table:

“Whose duty it shall be, when required by the Governor to advise with him upon all matters which may be submitted to their consideration, and that a record of such consultation shall be kept; provided, nevertheless, that the Governor shall in all cases decide upon his own action.”

Mr. Bulger offered the following amendment, which on motion of Mr. Cochran was laid on the table: Strike out “this Convention” where it occurs in the third line of the first section, and insert “the Senate of the State.”

The question was then on the passage of the ordinance, and the vote, being taken by yeas and nays, it was lost. Yeas 40-nays 52.

Yeas-Mr. President, Bailey, Barns, Beck, Blue, Bolling, Bragg, Catterlin, Clarke of Marengo, Cochran, Coleman, Curtis, Daniel, Dargan, Davis of Covington, Davis of Pickens,  Dowdell, Foster, Gibbons, Gilchrist, Hawkins, Henderson of Macon, Herndon, Howard, Jewett, Ketchum, Lewis, Love, McClanahan, Rives, Ryan, Shortridge, Silver, Stone, Watts, Whatley, Williamson, Wood, Yancey and Yelverton.

Nays-Messrs. Allen, Baker of Barbour, Baker of Russell, Barclay, Beard, Brasher, Bulger, Clarke of Lawrence, Clemens, Coffey, Coman, Crawford, Creech, Crook, Crumpler, Davis of Madison, Edwards, Ford, Forrester, Franklin Gay, Green, Gutter , Hood, Inzer, Jemison, Jones of Fayette, Jones of Lauderdale, Johnson, Kimball, Leonard, McClellan, McKinnie, Posey, Potter, Ralls, Russell, Sanford, Sheets, Sheffield, Slaughter, Smith of Tuscaloosa, Starke, Steadham, Steele, Taylor, Timberlake, Watkins, Webb, Whitlock, Wilson, and Winston.

Mr. Morgan asked leave of absence for Mr. Phillips. Agreed to.

Mr. Yancey, by leave, introduced the following resolution, and moved its adoption:

Resolved, That the pay of Delegates to this Conven-


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tion, both mileage and per diem, and the several officers thereof, shall be the same as that fixed by law for members of the General Assembly, and of the officers of the House of Representatives previous to the passage of the act of 21st February, 1860, pending the consideration of which the hour of adjournment arrived, and the Convention adjourned until 10 o’clock to-morrow.