Friday, January 25 1861.

The Convention met at 4 o’clock pursuant to adjournment.

There was prayer by the Rev. Mr. Samuel Henderson.

Mr. Cochran moved to postpone the reading of the Journal, for the reason that the document from which to make it up, had been placed in the hands of the printers by the order of the Convention. Carried: and the reading of the Journal was dispensed with.


Mr. Morgan, from the Committee on the Constitution, made the following report by leave:

The Committee on the Constitution have instructed me to make a further report.

Art. IV-Sec. 8. Amend the 8th section of the 4th article, by striking out the third amendment adopted in 1846.

And insert the word “annual” between the words “next” and “meetings.”

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

Mr. Jemison moved to reconsider the vote taken yesterday upon charging the Constitution so as to limit the session of the Legislature to thirty days, and to postpone its consideration until next Monday. Carried.

Mr. Webb, by leave, made a report from the Joint Committee of the Convention and General Assembly, of the program of reception of the corps of Cadets.


The Joint Committee of the Convention and General.

Assembly, beg leave to report, that they have waited on the officers and corps of Cadets of the University of Alabama, now on a visit to the Capital, and report the following, arrangement for their reception on the part of the State, viz:

The Convention, General Assembly, Governor, and other officers of State, will receive the Alabama corps of Cadets, in front of the steps of the Capitol to-day at 12 o’clock M., when an address will be delivered by the Speaker of the House of Representatives, and replies by officers of the corps. After which the corps will be reviewed by the Governor and presiding officers of the Convention and General Assembly; and a company or battalion drill will be had.

J. D. WEBB, Chairman of Committee.

Mr. Morgan, by leave, offered the following resolution:

Resolved, That the Committee on Imposts and Duties, be instructed to report an ordinance to continue the City of Selma as a port of entry provisionally, and to provide for the collection of customs at that port.

The resolution was adopted.

The Convention proceeded with the business under consideration when it adjourned yesterday, which was Mr. Yancey’s resolution with pending amendment upon the subject of the navigation of the Mississippi.

Mr. Smith of Tuscaloosa offered the following amendment, coupled with a motion to postpone:

Resolved, That in the opinion of this Convention, the navigation of all the rivers within the limits of the United States, as the Union lately existed, ought to be and remain open and free to the citizens of all the States which composed the said Union.

Resolved, That in the opinion of this Convention, the system of free trade, as it existed between the said States before the dissolution of the Union, be and remain as it was before the dissolution.

Mr. Yancey moved to lay Mr. Smith’s amendment on the table.

Yeas-Messrs. President, Bailey, Baker of Barbour, Barnes, Beck, Blue, Bolling, Bragg, Catterlin, Clark of


Marengo, Clemens, Cochran, Coffey, Coleman, Coman, Crawford, Creech, Crook, Crumpler, Curtis, Daniel, Dargan, Davis of Covington, Dowdell, Foster, Gibbons, Gilchrist, Green, Hawkins, Henderson of Macon, Henderson of Pike, Herndon, Howard, Inzer, Jewett, Ketchum, Lewis, Love, McClanahan, McPherson, McKinnie, Morgan, Posey, Ralls, Rives, Ryan, Shortridge, Silver, Smith of Henry, Starke, Stone, Timberlake, Watts, Webb Whatley, Williamson, Wood, Yancey, Yelverton-59.

Nays-Messrs. Allen, Barclay, Brasher, Bulger, Clark of Lawrence, Edwards, Forrester, Franklin, Gay, Guttery, Jones of Lauderdale, Johnson, Kimball, Leonard, Potter, Russell, Sanford, Sheets, Smith of Tuscaloosa, Steadham, Steele, Taylor, Watkins, Whitlock, Wilson, Winston-27.

Mr. Lewis, by leave, offered an ordinance entitled an ordinance to make provisional arrangements concerning patents.

Mr. Lewis moved its adoption.

Mr. Shortridge moved its reference to the Judiciary Committee.

Mr. Lewis withdrew his motion to adopt.

The question being upon reference, it was referred.

Mr. Jemison, by leave, offered the following resolution

Resolved, That the Committee on the Judiciary and Internal Relations be instructed to enquire into the expediency and propriety of discriminating in our import duties, and adopting other retaliatory measures against the State of New York and such other States as have or may adopt or recommend measures unfriendly, insulting, or hostile to the seceding States.

The consideration of the resolution concerning the navigation of the Mississippi was resumed.

The President announced the question to be on Mr. Dowdell’s amendment, and Mr. Yancey accepted it.

The resolution as amended and now agreed upon, read:

Whereas, The navigation of the Mississippi river is a question in which several Northern States and Southern States yet in the Federal Union, are deeply interested;


and whereas the people of the State of Louisiana are about to consider of the propriety of seceding from said Union; and whereas, this is a subject which will properly come under the consideration of the Convention of seceding States to meet on the fourth day of February__.

Be it resolved, That it is the deliberate sense of this Convention that the navigation of the Mississippi river, to the people of the States and Territories of the Federal Union upon it and its tributaries, should remain free, and that no restriction upon this privilege should be made, further than may be necessary for tonnage duties to keep open and make safe the navigation of the mouth of said river, arid for purposes of protection against a belligerent and unfriendly people.

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

Consideration of the special order, the ordinance “to prohibit the African slave trade,” upon motion, informally passed over.

Mr. Coleman called up his resolutions offered heretofore, on the 12th January 1861, as follows:

Resolved by the people of the State of Alabama in Convention assembled, That they pledge the power of this State to aid in resisting any attempt upon the part of the Government of the United States of America to invade or coerce any of the seceding States.

Mr. Baker of Barbour offered to amend by inserting after the word “seceding,” and before the word “States,” the word “slaveholding,” which was accepted.

Mr. Coman offered to amend, by adding the following: “Provided such seceding State or States are not averse to entering into a Southern Confederacy, based on the principles of the Federal Constitution.”

Mr. Dowdell moved to strike out Mr. Baker’s amendment to wit: the word “slaveholding,” and it was stricken out.

Mr. Ryan moved to lay Mr. Coman’s proviso on the table. Decided not in order.

The question being first on striking out the word “slaveholding,” the yeas and nays were called, resulting as follows:


Yeas-Messrs. Allen, Barclay, Barnes, Beard, Beck, Brasher, Bulger, Catterlin, Clark of Marengo, Clark of Lawrence, Clemens, Cochran, Coffey, Crawford, Creech, Crook, Crumpler, Dargan, Dowdell, Earnest, Edwards, Ford, Forrester, Foster, Franklin, Gay, Gibbons, Gilchrist, Green, Guttery, Hawkins, Henderson, of Macon, Hood, Howard, Inzer, Jemison, Jones, of Fayette, Jones of Lauderdale, Johnson, Kimball, Leonard, Lewis, McClanahan, Morgan, Posey, Potter, Ralls, Rives, Russell, Ryan, Sanford, Sheets, Sheffield, Silver, Slaughter, Smith of Tuscaloosa, Steadham, Steele, Stone, Taylor, Timberlake, Watkins, Webb, Whitlock, Wilson, Winston, Yancey-68

Nays-Messrs. President, Dailey, Baker of Barbour, Blue, Bolling, Bragg, Coleman, Coman, Curtis, Daniel, Henderson of Pike, Herndon, Jewett, Love, McPherson, McKinnie, Smith of Henry, Starke, Watts, Whatley, Yelverton-21.

The proviso was laid on the table.

Mr. Posey moved to take up the African slave trade question.

Message from the House.

Mr. Irby, from the House, announced that the House is now ready to attend to the reception of the Cadets.

The Convention thereupon took a recess, and repaired to the front steps of the Capitol and assisted in the demonstrations according to the program arranged by the Joint Committee.

The ceremony of the reception over, at the call of the President the House returned to its hall and resumed business.

The President announced the special order the-question of the African slave trade-had precedence.

Mr. Clemens, by leave, offered a resolution in regard to recalling Alabama troops from Pensacola, and moved to refer it to Committee on Military Affairs.

Special order under consideration again. The question was upon concurring in substitute of the committee, proposing it for the original of Mr. Posey, which had been referred to them.

Mr. Posey offered an amendment. Amend the second


resolution by adding to the same the words, “not below the grades affecting.”

Mr. Webb raised the point offered; stating it to be that the question was upon concurring, upon report, and not upon adoption.

The chair remarked that it was substantially the same thing, whatever the technical rule might be, and overruled the point of order and permitted amendment to be offered.

Mr. Jones of Lauderdale offered the following as an amendment:

Resolved, That it is the will of the people of Alabama that the deputies elected by this convention to the Southern Convention, to meet at the city of Montgomery, on the 4th day of February next, to form a Southern Republic, be and they are hereby instructed to insist on the enactment, by said convention, of such restrictions as will effectually prevent the importation of slaves into such Republic from aly other place or country other than the slaveholding States of the late United States of America.

Mr. Yancey raised a point of order, and stated it thus: The amendment is incongruous, because the subject matter reported by the committee is an ordinance to be the supreme law of the land; the amendment is a resolution of instruction. Sustained.

Mr. Jones then offered his resolution as a substitute for the ordinance reported.

Mr. Cochran moved to recommit the whole subject to the committee. Temporarily withdrawn.

Mr. Morgan offered the following preamble as a preface to Mr. Jones’s substitute

“Whereas, The people of Alabama are opposed, on the grounds of public policy, to the reopening of the African slave trade, therefore.” It was accepted.

The question was on adoption of substitute proposed by Mr. Jones of Lauderdale.

Mr. Dowdell offered the following amendment: Strike out after the word “prevent,” and insert “the reopening of the African slave trade.” Accepted.

Pending consideration, the hour of adjournment arrived, and the convention adjourned.