SIXTEENTH DAY.

OPEN SESSION.

MONTGOMERY, ALA., January 23, 1861.

The Convention met at 10 o’clock, A. M., pursuant to adjournment.

Prayer by Rev. Mr. Crumpler.

Mr. Bulger asked leave to record his vote on Mr. Yancey’s resolution, adopted yesterday, in reference to pay of members of Convention, and leave being given, voted no.

Mr. Sheets asked leave to change his vote on the same, and leave being granted, voted no.

Mr. Winston asked leave to record his vote on the same, and leave being given, voted yes.

Mr. Crumpler asked to record his vote on the same, and leave being given, voted no.

Mr. Taylor asked leave to record his vote on the same, and leave being given, voted no.

Mr. Catterlin asked leave for a suspension of the order of business to enable him to offer a resolution upon the subject of adjournment, and it was suspended.

Mr. Catterlin then offered the following resolution:

Resolved, That this Convention will adjourn on Saturday, at 2 o’clock, P. M., and stand adjourned until the first Monday in March next.

Mr. Dowdell moved to amend by striking out all after the word “resolved,” and substituting the following: “that when this Convention shall adjourn on Friday next, it shall adjourn to meet again on Monday, 12 o’clock, M., the 25th day of February next.”

Mr. Earnest moved to amend the amendment as follows: Strike out Saturday, and insert Monday, __day of March.

Mr. Coleman moved by substituting the following for the amended amendment:

Resolved, That when this Convention adjourn it stand adjourned until convened by the proclamation of the Governor.

A motion was made to lay the whole subject on the table; and the question being upon the motion to lay on the table.

Mr. Catterlin asked and obtained leave to withdraw, which he did, and the whole subject was withdrawn from the further consideration of the Convention.


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Mr. Dowdell asked a suspension of the rules, to offer the following resolution:

Resolved, That it is the opinion of this Convention that the navigation of the Mississippi river should remain free to the people of the States and Territories living upon it and its tributaries, and no further obstruction to the enjoyment of this privilege should be offered except for purposes of protection against a belligerent and an unfriendly people.

There was a call of the committees.

Mr. Gilchrist, chairman of Committee on Foreign Relations, made the following report:

The Committee on Foreign Relations, to whom was referred a resolution instructing them to inquire into the expediency of sending Commissioners to the Territories of New Mexico and Arizona, for the purpose of securing the annexation of these Territories to a Southern Confederacy, as new States, have had the same under consideration, and instructed me to report that they deem it inexpedient for this Convention to take any action thereon, and the same more appropriately belongs to the Southern Convention when it meets.

J. G. GILCHRIST, Chairman.

Upon motion the report was concurred in.

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

The Committee on Enrollment have instructed me to report to the Convention that the original ordinances as passed in the following stated cases, to-wit:

An ordinance to make provisional postal arrangements in Alabama;

An ordinance to change the oath of office in this State;

An ordinance in relation to the Collector of the port of Mobile;

An ordinance for the purchase of provisions;

An ordinance for the issuance of State bonds;

An ordinance to provide for the military defense of the State;

Have been carefully compared with the engrossed copies of the same, and the latter have been found in all respects correct and accurate.

O. S. JEWETT, Chairman.


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The report was concurred in.

Mr. Clemens, Chairman of the Committee on Military Affairs, reported an ordinance entitled an ordinance to reorganize the militia of the State of Alabama.

Mr. Bulger offered the following amendment:

Provided, That the State of Alabama shall pay to the officers whose commissions are abrogated by the foregoing ordinance a fair compensation for their uniforms now owned by them, to be ascertained by the Adjutant General through such agent as he may appoint.

Mr. Ketchum moved to lay the amendment on the table, and the motion was carried.

Mr. Dargan moved to lay the ordinance and report on the table, and make them the special order for Friday, at 12 m.

Mr. Ketchum moved to amend so as to refer to the Committee on Printing.

Mr. Dargan withdrew his motion.

The question was now upon the adoption of the ordinance, and it was adopted.

Mr. Clemens, chairman of the Committee on Military Affairs, reported an ordinance entitled an ordinance to authorize colonels of volunteer regiments to appoint their own staff officers.

Mr. Dargan moved to lay on the table, and make it the special order for to-morrow at 12m. Carried.

Mr. Clemens, chairman of the Committee on Military Affairs, reported an ordinance entitled an ordinance to provide for the removal of the arms and munitions of war at Mt. Vernon, in the State of Alabama to a place or places of greater security.

Referred to Printing Committee, which was instructed to print two hundred copies.

Mr. Watts, chairman of Committee on the Judiciary and Internal Relations, to which was referred the ordinance in relation to the collection of debts, etc., have had the same under consideration, and have instructed me to report the accompanying ordinance, and recommend its adoption as a substitute for the one referred:

Be it ordained by the people of Alabama in convention assembled, That full power to confiscate property belong-


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ing to enemies at war with the State of Alabama is hereby invested in the General Assembly of this State, and the power to suspend the collection of debts and all obligations to pay money due or owing to persons artificial or natural in the non-slaveholding States of the United States of America may be likewise exercised by the General Assembly of this State, in any manner they may see proper, any provision in the constitution of the State to the contrary notwithstanding.

Mr. Shortridge moved to refer report and ordinance to the Committee on Printing, and make it the special order for Friday, 12 M.

The hour for a special order, 12 M., having arrived, Mr. Watts moved to suspend special order, to dispose of the business before the Convention, which was carried.

Mr. Lewis offered the following resolution:

Resolved, That the ordinance and amendment now before the Convention be referred to the Committee on the Judiciary, with instructions to report an ordinance giving the Legislature the war-making power, until the formation of a Southern Confederacy.

Mr. Cochran moved to lay the whole matter on the table, but withdrew the motion to enable Mr. Coleman to offer the following:

Be it ordained, etc., That the collection by law of any and all debts due by citizens of non-slaveholding States which have passed “Personal Liberty” bills, or tendered aid to the General Government to coerce a seceding State, be suspended for nine months.

The question being on Mr. Lewis’s motion to re-commit, it was carried.

Mr. Yancey moved to suspend the order of business, to move to suspend the regular order, which was carried; and then a motion to suspend was carried.

Mr. Jemison moved to suspend, to make a report from the Committee on Finance. Carried.

Mr. Jemison, Chairman of Committee on Finance and Commerce, reported as follows:

The committee to whom was referred a resolution concerning the Collector of the Port of Mobile, and Receivers of Public Money at the several land offices in this


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State, have had the same under consideration, and instruct me to report, that so much of the resolution as pertains to the Collector of the Port of Mobile has been superceded by the action of this Convention, and that so much as relates to the land offices belongs more properly to the Committee on Public Lands, to which your committee recommend its reference, and ask that this committee be discharged from further consideration of the subject.

R. JEMISON, Chairman.

The report was concurred in.

The Convention then took up the regular order, and proceeded to the consideration of Aan Ordinance, supplemental to an Ordinance heretofore passed, in reference to the Custom House in Mobile.”

Mr. Bragg moved to amend, by inserting after the word “Convention” in 6th line of section 4, the words “or the Governor of the State.” Amendment adopted.

Mr. Bragg moved to amend further, by striking out the words “the” and “States” in the 5th line of section 7, and inserting the following: Aand the usages in regard to foreign invoices;” which was adopted.

Mr. Watts moved to amend by inserting between the words Athe” and AStates,” in the 5th line of Section 1, the word “slaveholding.”

Mr. Stone moved to lay Mr. Watt’s amendment on the table, and the yeas and nays being called, resulted as follows:

Yeas-Messrs. President, Allen, Bailey, Baker of Barbour, Barclay, Barnes, Beck, Blue, Bragg, Brasher, Clarke of Marengo, Clark of Lawrence, Cochran, Coffey, Coman, Crook, Crumpler, Daniel, Dargan, Dowdell, Edwards, Foster, Franklin, Gibbons, Gilchrist, Green, Herndon, Hood, Jewett, Jones of Lauderdale, Johnson, Ketchum, Lewis, McClanahan, McKinnie, Morgan, Potter, Ralls, Rives, Ryan, Sanford, Sheets, Shortridge, Silver, Smith of Tuscaloosa, Starke, Steadham, Stone, Timberlake, Watkins, Webb, Whatley, Williamson, Yancey, Yelverton-55.

Nays-Messrs. Baker of Russell, Bolling, Catterlin, Creech, Curtis, Davis of Covington, Hawkins, Howard,


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Kimball, Love, McPherson, Ovens, Slaughter, of Smith Henry, Watts-15.

The amendment was lost.

The question was now upon the adoption of the Ordinance and it was adopted.

Mr. Yancey gave notice that he would move to-morrow the following:

Resolved, That the rule that when this Convention adjourns on each day hereafter, it shall adjourn to meet again at 10 o’clock A. M. and shall adjourn without motion, at 2 o’clock P.M., be rescinded: and hereafter said Convention shall adjourn at 2 o’clock P. M. without motion, to meet again at 7 2 o’clock P. M., and when it adjourns, it shall be to meet again at 10 o’clock A. M. next day.

Mr. Ketchum offered the following resolution:

Resolved, That the Committee on Printing be instructed to have printed for the use of the Convention, 500 copies each of the ordinances reported, by the chairman of the Committee on Military Affairs, and adopted by the Convention, entitled, “an Ordinance to provide for the military defence of the State,” and “an Ordinance to provide for the re-organization of the militia of the State.”

The resolution was adopted.

Mr. Yancey moved that a copy of the report of the Committee of Thirteen, with the names of the Deputies elected by this body in pursuance thereof, be forwarded by the President to the Governor of each of the slaveholding States. Adopted.

Mr. Watts moved to take up an ordinance entitled “an Ordinance to preserve the laws of Alabama, and such offices, rights and remedies, as are consistent with the Ordinance of Secession, and with other ordinances adopted by this Convention,” and the Convention proceeded to the consideration of the same.

Mr. Webb moved to amend, by adding between the words “the” and “United States,” the words, “Congress of the,” and the amendment was adopted.

The question now being upon the adoption of the ordinance as amended, it was adopted.

On motion, the Convention adjourned.


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