SEVENTEENTH DAY.

OPEN SESSION.

MONTGOMERY ALA., January 24,1861.

The Convention met pursuant to adjournment.

Prayer, by Rev. Mr. Ralls.

Mr. Webb, by leave, offered the following preamble and resolutions:

Whereas the corps of Cadets composed of the students of the University of Alabama under the command of Col. Huse, have, by authority of the Governor, paraded themselves at the Capitol of the State, in order that the Representatives of the people may have some practicable knowledge of the operation and effect of the law of the last session of the General Assembly of the State, establishing a military department of the University, and judge of the future usefulness and efficiency of the corps, in the event their services should be needed by the State.

Resolved, That a committee of three be appointed to act in concert with a joint committee of the General Assembly, to make such arrangements for the reception of the officers and corps, and for ascertaining in such mode as they may deem best, their progress in military knowledge.

Resolved, That a copy of these resolutions, be presented by the Secretary of this Convention to the President of the Senate and the Speaker of the House of the General Assembly of the State.

The resolution was adopted, and the President appointed on the Committee, on the part of the Convention, Messrs. Webb, Clemens, and Shortridge.

CALL OF COMMITTEES.

The regular call of committees was had.

Mr. Jemison, from the Committee on Finance and Commerce, reported an ordinance entitled, “An ordinance concerning foreign coin.”

Mr. Watts moved to amend, by striking out the words “of force in” and insert, “adopted as the laws of.”

Mr. Jemison accepted the amendment.

The question being upon the adoption of the Ordinance, it was carried.

Mr. Cochran, Chairman of the Committee on the Con-


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stitution, reported various amendments and changes of the Constitution of the State. It was agreed that the Convention would act upon each item of the report as it was presented.

The first proposed amendment is as follows:

“No special law shall be enacted for the benefit of individuals or private corporations, in cases which are provided for by a general law, or when the relief sought can be given by any court of this State.”

The question being upon the adoption of the amendment, it was carried and declared to be a part of the Constitution of the State.

The next amendment reported, was in these words:

“The General Assembly shall meet annually, on such day as may be provided by law, and may continue in session not more than thirty days. The next regular session of the General Assembly, shall commence on the second Monday in November, 1861.”

The question being upon the adoption of the amendment, it was carried, and declared to be a part of the Constitution.

Mr. Morgan moved that the two amendments just passed be engrossed, and sent forthwith to the Senate and House of Representatives; which was carried.

The committee also reported “an Ordinance to repeal an Ordinance therein named,” as follows:

Be it ordained by the people of the State of Alabama in Convention assembled, That an ordinance adopted by the people of this State, in Convention at Huntsville, on the second day of August, one thousand eight hundred and nineteen, disclaiming forever all right to the waste or unappropriated lands lying within this State, is hereby repealed.

Mr. Watts made a motion to print the report, but withdrew it temporarily; and the foregoing repealing ordinance was passed over for the present.

Mr. Dargan, misunderstanding the report of the committee, offered an amendment, but withdrew it.

Mr. Cochran, chairman of the committee, proceeded to read the report:

The Committee on the Constitution, to whom was referred the accompanying resolutions and proposed amend-


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ments to the Constitution, have had the same under consideration, and instruct me to report-

Article I-Sec. 19. That it is inexpedient to adopt the proposed amendment.

The proposed amendment was considered, and the report of the committee was concurred in.

Art. III-Sec. 3. They recommend that all of said section be stricken out, and the following be inserted in lieu thereof: The Representatives shall be elected every two years on the first Monday in August, until otherwise directed by law.

The report was concurred in, and the amendment adopted.

Art. III-Sec. 4. They report adversely to the proposed amendment. They, however, recommend that the said section be amended by striking out the “United States,” and inserting in lieu thereof the words “State of Alabama.”

The report was concurred in, and the amendment adopted.

Message from the House of Representatives.

HOUSE OF REPRESENTATIVES,

January 24, 1861.

Mr. President:

The House of Representatives having adopted a similar resolution to that which was contained in the communication from your body to the House, relating to the corps of Cadets from the University of Alabama, now present at the capital of the State, request me to communicate to your body that they have appointed Messrs. Hale, Tait of Wilcox, and Irby, as the committee on the part of the House of Representatives, to make such arrangements for the reception of the corps as they may think proper.

S. B. BREWER,

Ass’t Clerk of House of Representatives.

Laid on the table.

On motion, the communication was laid on the table.

Mr. Clarke of Lawrence moved to refer the whole matter of amendments to the Constitution, to the Committee on Printing, to print 200 copies of the whole report, which motion he temporarily withdrew.


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The hour of 1.2 o’clock having arrived, the special order, “the Ordinance in relation to Colonels of Volunteer Regiments appointing their own staff officers, &c.,” was on motion of Mr. Whatley, postponed temporarily.

And the, committee proceeded with their report.

Art. III-Sec. 5, They recommend that Sec. 5 be stricken out, and that the proposed amendment be adopted and inserted therein, as follows:

Every white male person of the age of twenty one years or upwards, who shall be a citizen of this State, and shall have resided therein one year next preceding an election, and the last three months within a county city or town, in which he offers to vote, shall be deemed a qualified elector, but no elector shall be entitled to vote except in the county city or town “entitled to separate representation” in which he may reside at the time of the election.

The report of the committee was concurred in, and the amendment adopted.

Art. III-Sec. 12. They recommend that Sec. 12 be stricken out, and that the proposed amendment be adopted, and inserted therein as follows.

Art. III-Sec. 12. Senators shall be chosen by the qualified electors, for the term of four years, at the same time, and in the same manner, and at the places where they may vote for members of the House of Representatives; and no person shall be a Senator, unless he be a white man, a citizen of the State, and an inhabitant thereof two years next preceding his election, and the last year thereof a resident of the district for which he shall be chosen ; and shall leave attained to the age of twenty-seven years.

The report of the committee was concurred in, and the amendment adopted.

Art. III-Sec. 26. They recommend that Sec. 26 be stricken out, and that the following be inserted in lieu thereof.

No person holding any lucrative office under this State-the office of postmaster, officers in the militia to which there is attached no annual salary, justice of the peace, commissioner of the court of county commissioners,


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notary public or commissioner of deeds excepted-shall be eligible to the General Assembly of this State.

Mr. Coleman moved to add or “other power,” to come after the words “this State,” in first line, which was carried.

Mr. Shortridge offered to amend by inserting at the end of the section as proposed to be amended, the words, “and no person holding any lucrative office under any other power.” Mr. Shortridge subsequently withdrew his amendment, and the report of the committee, as amended, was concurred in and the amendment adopted.

Mr. Yancey, by leave, called up his resolutions as to adjournment, notice of which he had given on yesterday and it being read,

Mr. Ralls proposed an amendment as follows which was lost.

Resolved, That the following be the order observed for the future in “meeting and adjournment” of this body.

To wit: meet each morning at 9 instead of 10 o’clock, adjourn at 2 P. M., to meet again at 4 P.M.

RALLS.

Mr. Johnson offered an amendment which the Chair ruled not in order.

Message from the Senate.

A Message was received from the Senate by Mr. Micah Taul, Secretary, as follows:

SENATE, Jan. 24.

Mr. President:

The Senate concurs in the resolution of the Convention proposing that a committee be appointed to act with a joint committee of the General Assembly, for the purpose of making arrangements for the reception of the corps of State Cadets under the Command of Col. Hughes. Messrs. Toulmin, McIntyre and Jackson, are the Committee on the part of the Senate.

M. TAUL, Secretary.

To the President of the State Convention.

On motion the communication was laid on the table.

Mr. Kimball moved to lay Mr. Yancey’s resolution on the table. Lost.


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Mr. Kimball offered an amendment, as follows:

That this Convention meet daily at 10 o’clock A. M. and adjourn at 4 P. M., until otherwise ordered by this Convention.

Mr. Jones of Lauderdale raised the point of order that the amendment was not in order.

Mr. President decided the amendment was in order.

Mr. Whatley moved to lay Mr. Kimball’s amendment on the table, which was lost.

Mr. Kimball’s amendment was amended and adopted, and the vote being reconsidered, Mr. Kimball offered his resolution as a substitute for Mr. Yancey’s.

Mr. Yancey raised the point offered, that the substitute was not in order, and the chair overruled the point offered.

Mr. Morgan raised the point of order that the substitute was not in order because it does not propose to rescind the original motion at all. The chair overruled the point offered.

Mr. Kimball’s resolution was adopted.

The consideration of the committee report was renewed.

Art. III.-They recommend the following be adopted as additional sections to said article:

Art. III-Sec. 30. Private property shall not be taken for private use, or for the use of corporations, private or quasi public, without the consent of the owner; but the right of way may be secured by law to persons and corporations over the lands of any person or corporation, provided just compensation, is made to the owner of such land.

Sec. 31. No power to levy taxes shall be delegated to individuals or private corporations.

Sec. 32. Taxes shall not be levied for the benefit of individuals or corporations, private or quasi public, without the consent of the tax-payers.

The report of the committee was concurred in, and the amendment adopted of sections 30, 31 and 32, of article 3 of the constitution, and to postpone the consideration until to-morrow.

Mr. Morgan moved to instruct the Committee on Printing to print two hundred copies of sections 30, 31 and 32


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of article 3, as reported by the committee and adopted, which was agreed to.

The consideration of the committee’s report was resumed.

Art. IV-Sec. 4. They recommend that this section be amended as follows: Strike out the following words:

“native citizen of the United States,” and insert in lieu thereof “citizen of the State of Alabama, and native of one of the States or Territories lately styled the United States of America.”

The report was concurred in, and the amendment was adopted.

Art. IV-Sec. 6. They recommend the adoption of the proposed amendment, as follows:

Sec. 6. He shall be commander-in-chief of the army and navy of this State, excepting when acting with any other power, in which case the General Assembly shall fix his rank.

And further to amend by inserting after the word “navy” the words “and militia.”

The report of the committee was concurred in, and the amendment adopted.

Art. IV-Sec. 12. They recommend that this section be amended by striking out all after the word “officially.”

The report of the committee was concurred in and the amendment adopted.

Art. IV-Sec. 19. They recommend that this section be amended by inserting at the end thereof the following:

If there is no President of the Senate or Speaker of the House of Representatives, the Secretary of State shall exercise all the duties and a power appertaining to the office of Governor until the office of Governor is filled as provided by this constitution.

The report was concurred in and amendment adopted.

Art. IV-Sec. 22. They recommend the adoption of the proposed amendment, viz: Strike out “the United States.”

The report was concurred in, and the amendment adopted.

Art. IV-Sec. 23 They recommend the adoption of the proposed, amendment, viz: Strike out “annually” and insert “biennially.”


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The report was concurred in and the amendment adopted.

Art. V-Sec. 2. It is inexpedient to adopt the proposed amendment. An ordinance has already been reported by the Committee on the Judiciary and Internal Affairs, which is now pending, making provisions for the same.

Sec. 11. Report concurred in.

Art. V. They recommend the adoption of the proposed amendment, viz: Striking out “the United States.”

Report concurred in and amendment adopted.

Art. VI. They recommend that it is inexpedient to adopt the proposed amendment to be added to the general provisions. An ordinance has been reported from the Committee on the Judiciary and adopted, providing for the same. Report concurred in.

Art. VI-Sec. 1. This has been provided for by an ordinance heretofore reported by this committee and adopted by the Convention. Report concurred in.

Art. VI-Sec. 11. They recommend that this section be amended by striking out the words “or of the United States,” which was amended by substitute which was offered by Mr. Watkins, as follows: Strike out section 11, article 6, and insert “temporary absence from the State shall not cause a forfeiture of a residence once obtained.” The substitute was adopted.

Art. VI-Sec. 12. They recommend that the proposed amendment be adopted, viz: No member or delegate to any Congress or other State or power, nor person holding any office or profit or trust under any foreign power, shall hold or exercise any office, of profit under this State.

And that the same be further amended by adding, provided, that this section does not apply to any deputy, delegate, or commissioner, elected by this convention.

The report was concurred in, and the amendment adopted.

Art. VI-Sec. 13. They recommend that this section be amended by striking out all after the word “chancery.”

The report was concurred in and the amendment adopted.

Art. VI-Sec. 22. They recommend that this section be amended by striking out the words “by a cession from the United States.”


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The report was concurred in, and the amendment adopted.

Education.-They recommend that this provision be amended as follows: by striking out in the third line, after the word “as,” these words: “are or hereafter may be,” and insert in lieu thereof the words “have been.”

Also, further amend by striking out the words “or may be hereafter,” where the same may occur in that paragraph thereafter.

The amendment was adopted as reported.

Slaves.-Sec. 1. They recommend to amend by striking out all of said section and inserting in lieu thereof the following: “No slave shall be emancipated in this State by any act to take effect in this State or in any other country.”

This amendment was informally passed over for the present.

See. 2. The General Assembly shall not prevent emigrants from this State who may be entitled to become citizens thereof, and who may emigrate to this State with the bona fide intention of becoming citizens thereof, from bringing with them slaves of African descent, which are the bona fide property of such emigrants; provided, such slaves are brought from one of the United States of the late American Union.

Sec. 3. Laws may be enacted to prohibit the introduction into this State of slaves, who have committed high crimes in other States or Territories, and to regulate or prevent the introduction of slaves into this State as merchandise.

Sec. 4. The humane treatment of slaves shall be secured by law.

Strike out the words “section two” and Asection three,” and insert in lieu thereof “section five” and “section six.”

Sec. 7. Free Persons of African descent having as much as one-eighth negro blood may be reduced to slavery by law, unless such person shall remove from this State within a period prescribed by law. Nothing herein contained shall affect the rights of persons secured by treaty.

Mr. Jemison moved that the portion of the committee’s report relating to the subject of slavery be printed.

Carried.


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Mr. Shortridge moved to reconsider the vote on the amendment to section 22 of article VI, for the purpose of striking out the word “cession”, and inserting a more appropriate word. Carried.

Mr. Dowdell moved to strike out the word “cession” and insert “acquisition” where it occurs. Carried, and the section as amended was adopted.

The hour for the special order having arrived, Mr. Jemison moved to postpone the special order, to enable Mr. Watts to take up joint resolution of Committee of General Assembly and Convention, etc.

Mr. Dowdell moved to postpone all action on the report until Saturday, at 12 o’clock. Carried.

Mr. Morgan introduced a resolution to compensate P. H. Brittan, Secretary of State, for carrying out ordinances with reference to postal affairs. Referred to Committee, on Public Expenditures.

Mr. Yancey offered a resolution in relation to the navigation of the Mississippi river, and moved its adoption.

[This resolution will be found as amended and adopted in another portion of the Journal.-Sec=y.]

Mr. Dowdell offered a substitute for Mr. Yancey’s 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, or for laying such tonnage duties as may be necessary to keep open and make safe the navigation of the mouth of said river.

A motion was made to adjourn, and lost.

Mr. Smith of Tuscaloosa, moved to lay both the resolutions on the table and print them, and make a special order for Saturday 26th January. Lost. Yeas 5; nays 52.

Yeas-Messrs. President, Allen, Franklin, Sheets, Smith of Tuscaloosa.

Nays-Messrs. Bailey, Barclay, Beck, Blue, Bolling, Catterlin, Clarke of Marengo, Clarke of Lawrence, Coffey, Coleman, Creech, Curtis, Davis of Covington, Dowdell, Earnest, Ford, Foster, Gibbons, Hawkins, Herndon, How-


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ard, Inzer, Jones of Lauderdale, Johnson, Kimball, Ketchum, Lewis, Love, McClanahan, McPherson, McKinnie, Morgan, Owens, Posey, Potter, Rives, Sanford, Sheffield Shortridge, Silver, Slaughter, Smith of Henry, Steadham, Timberlake, Watts, Webb, Whatley, Williamson, Winston, Yancey, Yelverton.

The question being on the adoption of the substitute, the yeas and nays were demanded, and pending the call, the hour of 4 o’clock arrived, and under the rules the Convention stood adjourned until 10 o’clock to-morrow.