FIFTHTEENTH DAY.

CCB

OPEN SESSION.

MONTGOMERY ALA., January 22, 1861.

The President called the Convention to order at 10 A. M.

Prayer by Rev. Mr. McDonald.

Journals of yesterday read and approved.

CALL OF COMMITTEES:

Mr. Bragg, from the Committee on Imposts and Duties, reported a supplemental ordinance in reference to the Mobile customhouse, which on motion of Mr. Clemens was referred to the Committee on Printing, with instructions to print two hundred copies, and the ordinance was made the special order for to-morrow at 12 o’clock.

Mr. Bragg, from the same, to whom was referred a communication from the Governor touching the Mobile customhouse, etc., asked to be discharged from the further consideration of the same, which was agreed to.

Mr. Dargan, from the Committee of Foreign Relations, reported as follows:

Your committee, to whom were referred certain resolutions adopted by many of the Southern Senators and members of the house of Representatives of the Congress of the United States, have had the same under consideration. They believe that the ordinance of secession adopted by the Convention of the people of the State of Alabama severs completely all connections between the State of Alabama and the Government of the United States; that the State of Alabama is no longer entitled to, and ought not to be represented in the Congress of the United States. Therefore, they have instructed me to report the following resolution:

Resolved, That our Senators and members of Congress


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of the Government of the United States at Washington City be informed that the State of Alabama can no longer be represented in the Congress of the United States as one of said United States.

The report of the Convention was concurred in, and the resolution adopted.

Mr. Dargan, Chairman of the Committee on Foreign Relations, reported resolutions to authorize the Governor to appoint two Commissioners to proceed to Washington City.

Mr. Shortridge moved to refer the resolutions to the Committee on Foreign Affairs. Lost.

Mr. Dargan moved the adoption of the resolutions.

Mr. Baker of Russell rose to a point of order, that the resolutions were not reported by instructions of the Committee, but was an independent matter, and was out of order pending reports from the Committee, which was overruled by the Chair.

Mr. Smith of Tuscaloosa moved to amend by striking out “two” and inserting “one.”

Mr. Jemison raised a point of order, and at the request of the President, stated the point in writing, thus:

Mr. Jemison raises this point of order: The Chairman of a Committee on Foreign Relations having introduced matter before the Convention unaccompanied by a report, and on which it appears there has been no formal action by the Committee, and on a subject not committed to that Committee, the same is out of order.

The President overruled the point of order, for that, if it were well taken in the opinion of the Chair the time had been permitted to pass when it might have been made, the Convention having already entertained and taken action on the subject matter.

An appeal was taken from the decision of the Chair, and it was sustained.

Mr. Blue moved to lay the whole matter on the table, but at the request of Mr. Watts, and an intimation of a desire to reply to argument, withdrew his motion.

Pending the consideration of the question, Mr. Clemens rose to a privileges question, and moved to reconsider the vote taken yesterday upon an ordinance to appoint coun-


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sellors, and to postpone the consideration of his motion to 12 m. to-morrow.

Objection being made, because the motion was not made before11 A.M., as per rules of House of Representatives, he withdrew it.

The question being upon the motion to lay Mr. Dargan’s motion upon the table, the yeas and nays were called for. Yeas 48-nays 46.

Yeas-Mr. President, Bailey, Baker of Russell, Barclay, Beard, Beck, Blue, Bolling, Bulger, Clarke of Lawrence, Clemens, Cochran, Coffey, Coman, Creech, Crumpler, Curtis, Davis of Madison, Davis of Pickens, Edwards, Franklin, Guttery, Hood, Howard, Inzer, Jemison, Jones of Fayette, Jones of Lauderdale, Johnson, McClanahan, McClellan, McKinnie, Owens, Potter, Rives, Sanford, Sheets, Sheffield, Silver, Slaughter, Smith of Henry, Steele, Steadham, Steele, Webb, Winston and Yancey.

Nays-Messrs. Allen, Baker of Barbour, Barnes, Bragg, Brasher, Catterlin, Clarke of Marengo, Coleman, Crawford, Crook, Daniel, Dargan, Davis, of Covington, Dowdell, Earnest, Ford, Forrester, Foster, Gay, Green, Hawkins, Henderson of Macon, Henderson of Pike, Herndon, Jewett, Kimball, Leonard, Lewis, McPherson, Morgan, Posey, Ralls, Russell, Ryan, Shortridge, Smith of Tusca1oosa, Stone, Taylor, Timberlake, Watkins, Watts, Whatley, Wilson, Wood and Yelverton-46.

The whole matter was laid on the table.

Mr. Cochran moved to reconsider the vote just taken.

Mr. Bragg gave notice that if the vote was reconsidered, he would offer the following proviso as an amendment:

Provided, That the Governor shall not act under this resolution until he has received assurances that the States of Mississippi, Georgia and Florida propose also to send Commissioners to Washington.

Mr. Yancey moved a suspension of the business now before the Convention, in order that he might move to suspend the rule of adjournment. Carried; and the motion to suspend the rule to adjourn at 2 o=clock P. M. was carried.

The motion recurring to reconsider the vote by which


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the resolution of Mr. Dargan was laid on the table, it was carried:

And Mr. Dargan’s resolution was taken up.

Mr. Bragg called up his amendment first offered, and the question being upon its adoption, it was lost.

Mr. Smith of Tuscaloosa called up his amendment first offered, and the question being upon its adoption, it was carried.

The question was now upon the passage of the resolution, as amended, to-wit:

Resolved, by the people of the State of Alabama in Convention assembled, that the Governor of this State be authorized to send one Commissioner to the Government of the United States at Washington City, whose duty it shall be to negotiate with said Government of the United States in reference to the forts, arsenals, and custom-houses within the State, and the public debt of the United States; also, as to the future relations of the State of Alabama, now a sovereign, independent State, with said Government of the United States.

Section 2. Be it further resolved, That such Commissioner shall receive eight dollars per day for his services during the time he shall remain at the City of Washington in discharge of the duties aforesaid, and in addition thereto such Commissioner shall receive the sum of two hundred dollars for going to and returning from the City of Washington; and said Commissioner may be recalled at the pleasure of the Governor, who may appoint another in his stead, if, in his judgment, the public interest requires it.

And the Yeas and Nays were called for, with the following result:

Yeas-Messrs. Allen, Baker of Barbour, Barnes, Blue Bolling, Catterlin, Clark of Marengo, Coffey, Coleman, Crawford, Crook, Crumpler, Daniel, Dargan, Davis of Covington, Davis of Pickens, Dowdell, Earnest, Edwards, Forrester, Foster, Gay, Hawkins, Henderson of Macon, Henderson of Pike, Herndon, Hood, Howard, Jewett, Johnson, Kimball, Ketchum, Leonard, Love, McClanahan, McPherson, Morgan, Posey, Ralls, Russell, Ryan, Shortridge, Smith of Tuscaloosa, Starke, Stone, Timberlake, Watkins, Watts, Whatley, Williamson, Wilson, Wood, Yelverton-52.


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Nays-Messrs. President, Bailey, Baker of Russell, Barclay, Beck, Bragg, Brasher, Bulger, Clark of Lawrence, Cochran, Coman, Creech, Davis of Madison, Ford, Franklin, Gibbons, Green, Guttery, Inzer, Jemison, Jones of Fayette, Jones of Lauderdale, Kimball, Leonard, Lewis, McClellan, McKinnie, Owens, Potter, Rives, Sanford, Sheets, Sheffield Silver, Slaughter, Smith of Henry, Steadham, Steele, Taylor, Watkins, Webb, Winston, Yancey-42.

The resolution vas declared adopted.

A message was received from the Governor, communicating sundry reports from Commissioners heretofore sent to other States.

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

Mr. Dargan, from the Committee on Foreign Relations, made the following report on an Ordinance referred to the Committee, for the prohibition of the slave trade:

Mr. President:-Your Committee, to whom was referred “an Ordinance to prohibit the introduction into the State of Alabama, of slaves not born, or held to service in any one of the slave States of North America,” have had the same under consideration, and have instructed me to report, that the power to regulate, or prohibit the foreign slave trade, will more properly belong to the Confederacy of the Southern Slaveholding States, when formed, than to any one single State, and they believe this power will be assumed and exercised by said government. But it is the opinion of your Committee, that such trade ought to be prohibited, and by way of expressing such opinion, and to provide in the meantime, against the opening of such trade, the Committee have instructed me to report the following Ordinance upon the subject, and to ask that the same be adopted by this Convention.

The Ordinance reported by the Committee is an Ordinance entitled “An Ordinance to prohibit the Foreign Slave trade.”

Mr. Dargan moved a concurrence in the report, and the adoption of the Ordinance.

Mr. Dowdell moved to print 200 copies, and make it the special order for Thursday next, at 11 o=clock, A.M., which was carried.


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Mr. Jemison moved the suspension of the regular order of business to enable him to make a report; agreed to.

Mr. Jemison made the following report:

The Joint Committee on the part of the two Houses of the General Assembly, and this Convention to confer with each other, to ascertain and fix the respective duties of this Convention; and the General Assembly, having discharged that duty, instruct me to report, that it is understood and agreed between said Committees, representing the General Assembly, and the Committee representing this Convention that the action of the latter body shall henceforth be confined to such changes in the organic law of the State as may be demanded by present exigencies, and that with this exception, and such Ordinances as have already been adopted by the Convention, the whole business of legislation will be left to the General Assembly.

R. JEMISON, Jr.

Chairman, on the part of Convention.

E. C. BULLOCK.

On part of Senate.

SAM’L. F. RICE.

On part of House of Representatives.

And the report was laid on the table.

Mr. Jemison moved to adjourn, which was lost.

Mr. Yancey moved to suspend the regular order of business to take up and consider his resolution in regard to the pay of members and officers of the Convention, which was pending yesterday when the Convention adjourned, which was carried.

The question was then upon the passage of the resolution, and the yeas and nays being called for, resulted as follows:

Yeas-Messrs. Allen, Baker of Barbour, Baker of Russell, Beck, Brasher, Catterlin, Clarke of Marengo, Clarke of Lawrence, Coffey, Coman, Crawford, Daniel, Dargan, Davis of Madison, Davis of Pickens, Edwards, Franklin, Green, Guttery, Hawkins, Herndon, Hood, Jewett, Jones of Fayette, Jones of Lauderdale, Kimball, Lewis, Love, McClanahan, McClellan, Owens, Potter, Sanford, Sheets, Sheffield, Shortridge, Smith of Henry, Steadham, Steele,


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Stone, Timberlake, Watkins, Watts, Williamson, Wilson, Yancey-46.

Nays-Messrs. President, Bailey, Barnes, Blue, Bolling, Coleman, Creech, Crook, Curtis, Davis of Covington, Dowdell, Earnest, Ford, Forrester, Foster, Gay, Gibbons, Henderson of Macon, Henderson of Pike, Howard, Inzer, Johnson, McPherson, McKinnie, Posey, Ralls, Rives, Ryan, Smith of Tuscaloosa, Webb, Whatley, Wood-32.

The resolution was adopted.

Mr. Earnest, from the Committee on Enrollment, made the following report:

The Committee on Enrollment, to whom was referred the engrossed Ordinance resolutions, &c., withdrawing the State of Alabama from the Union of the United States, and who reported the Ordinance as correctly enrolled on parchment, in pursuance of resolutions, have instructed me to make this supplemental report. That a copy of said Ordinance, on parchment, written with indelible ink by Joseph B. Goode, of Montgomery, has been furnished the Committee, which, being a neat and correct copy of said Ordinance, they recommend that this copy be adopted as the original, and filed in the office of the Secretary of State, and that the former copy of said Ordinance as signed, be filed in the Historic Society of the State of Alabama, at the University of said State at Tuscaloosa.

W. S. EARNEST.

Chairman.

Resolved, that this Convention deeply appreciates the spirit of real patriotism and disinterestedness, that induced Mr. Joseph B. Goode of Montgomery, to voluntarily engross upon parchment the Ordinance of Secession, as adopted on the 11th of January, 1861.

Resolved further, That this Convention, hereby tender its most hearty thanks to Mr. Goode, for the very elegant and creditable manner in which he has engrossed the Ordinance, it being, (as near as circumstances would admit,) a perfect specimen of penmanship.

Upon motion, the report was concurred in, and the resolutions adopted.

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


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