NINETEENTH DAY.

SATURDAY, January 26, 1861

The Convention met at 10 A. M.

Prayer by Rev. J. L. Cotten.

Mr. Catterlin, by leave, offered the following resolutions:

Resolved, That this convention adjourn on Tuesday, at 2 o’clock P. M., and stand adjourned until March 4, 1861, unless sooner convened by order of the President of this convention, or the Governor of the State, in the absence of the President or a vacancy in his office.

Mr. Whatley moved to amend by striking out all after the word “adjourned,” and insert “until called together by the proclamation of the Governor;” which amendment was lost.

And Mr. Catterlin’s resolution was adopted as above given.

Mr. Beck asked for a suspension of the regular order of business, in order to allow him to introduce the following resolution:

Resolved, That it is the sense of this convention that in the formation of a government for the seceding States, the whole population of each State, without regard to color, should be taken as the basis of Congressional representatives; and the Secretary of this Convention shall furnish a copy of this resolution to each of our delegates to said convention.

The Convention refused to suspend the regular order of business, in order to allow the resolution to be introduced.

CALL OF COMMITTEES.

Mr. Watts, from Judiciary Committee, moved to take up the ordinance reported by him, to transfer and regulate the jurisdiction and practice of the several federal courts within the limits of the State of Alabama. Motion adopted.

Mr. Gibbons offered two additional sections to the ordinance (sections 11 and 12), which were adopted.

Mr. Watts moved to amend section 10, by striking out of line fourteen the words, “hereby continued in force within,” and inserting “adopted as laws of.” Carried.


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Mr. Dargan also offered an additional section. Adopted, as follows:

Sec. 12. Be it further ordained, That no suit, in which the United States of America is the party plaintiff, against any citizen or citizens of the State of Alabama, shall, by reason of the foregoing ordinance, be transferred to or tried by any of the courts of the State of Alabama; nor shall any suit be brought in the name of the United States of America in any of the courts aforesaid against any citizen or citizens of this State, until otherwise ordered by this Convention or by the General Assembly of the State of Alabama.

The following is one of the additional sections introduced by Mr. Gibbons:

Sec. 11. Be it further ordained, That all cases of appeal or writs of error, from the federal courts of this State, or from the Supreme Court of the State of Alabama, to the Supreme Court of the United States, and now pending in said court, may be proceeded with in said court, to a final decision, in the same manner as if  the State of Alabama had not seceded from the Union, and on the final decision of the said cases, the certificates of affirmance or reversal may be sent or handed over to the clerk of the Supreme Court of the State of Alabama, or to the clerks of the several Circuit Courts in the counties in which said federal courts had been held, according to the fact, as to the courts whence the appeal or writ of error was taken; and the said Circuit Courts shall take cognizance of said cases, and proceed with them in the manner as above provided for the unfinished business now pending in said federal courts of the State of Alabama.

Mr. Morgan proposed to amend the above by proviso, as follows:

Provided, that nothing in this section contained shall be so construed as to affirm the constitutionality of such appeal or writ of error.

Which was accepted by Mr. Gibbons, and the section adopted as a part of the bill reported by the committee.

The other section (12), offered by Mr. Gibbons, was then considered and adopted.

Sec. 13. Be it further ordained, That the federal jurisdiction disposed of in the above and foregoing ordinance


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shall be exercised by the State courts above named only until the Southern Congress now contemplated shall otherwise dispose of the same.

A motion was made to adopt each section separately. Carried.

Mr. Morgan moved to strike out, in line two, Sec. 1, the words, “delegated by this State so as to form,” and insert “forming;” which was carried, and the section, as amended, adopted.

Mr. Morgan moved to add, at the end of Section 2 the words, “as hereinafter provided.” Carried, and the section, as amended, adopted.

Mr. Watkins moved to amend Section 3, as follows:

Strike out all of Section 3 between the word Aordained,” in the first line, and the word “provided,” in the ninth line, and insert in lieu thereof the following, viz: “That the Circuit Court of this State, and the City Court of Mobile, shall have and exercise original jurisdiction in all cases embracing matters of law or of a maritime or admiralty nature, heretofore cognizable in the District or Circuit Courts of the United States by virtue of the Constitution of the United States of America and the laws of Congress passed in conformity therewith, and that the Court of Chancery of this State exercise jurisdiction in all cases of equity heretofore exercised or cognizable in said courts of the United States, under the constitution and laws thereof.” The substitute was adopted, and the section, as amended, was adopted.

The hour of 12 M. having come, and the special order being in order,

Mr. Watts moved to suspend the special order, to enable the Convention to proceed with the business in hand, which was carried.

Mr. Herndon moved to pass over Section 4 informally. Carried.

Mr. Herndon moved to strike out, in line seven of Section 5, the word “returned,” and insert “executed;” and insert “and returned” in the eighth line of sane section, between the words “process” and “to”, Carried.

Also, to strike out the word “returned,” in line thirteen same section, and insert the word “executed,” and


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to insert “and returned” between the words “aforesaid” and “to;” and it was carried.

Mr. Morgan moved to insert, in line four same section, the words, “books of records, dockets,” between the words “the” and “papers.” Carried.

Mr. Clark of Marengo moved to insert after the word “aforesaid,” in line seven of same section, the words, “except where the United States of America is plaintiff.” Carried.

The section, as now amended, was adopted.

Consideration of Section 4 was informally passed over, was resumed, and Mr. Coleman moved to insert, between the words “Ministers” and “Consuls,” in line two, the following “The Supreme Court of Alabama shall have original and exclusive jurisdiction in such cases, and in cases affecting;” and to strike out the word “and” in the same line. Carried, and the whole section, as amended, adopted.

Section 7 was considered and adopted.

Section 8 being under consideration-

Mr. Clark of Marengo moved to insert in line 6, after the word “courts,” “except where the United State’s of America is plaintiff.” Considered; and the .section, as amended adopted.

Section 9 being next under consideration-

Mr. Watts moved to strike out the word “circuit” in the 13th and 18th lines. Carried.

Mr. Clark of Marengo moved to insert between the words “running” and “shall” the words “except where the United States of America is plaintiff.” Carried; and the section as amended adopted.

Section 10 was then considered and adopted.

Mr. Dargan moved to strike out the whole of section 11, which was one of the additional sections offered by Mr. Gibbons.

Mr. Gibbons moved to pass over section 11 informally for the present and it was done.

Section 12, one of Mr. Gibbon's additional sections, was considered and adopted.

Mr. Yancey moved to reconsider the vote on the adoption of section 6, and the motion was carried; and


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Mr. Yancey offered an amendment to come at the end of said sections, as follows: “and said offenses are hereby declared to be offenses against the State of Alabama.”

Carried: and the section as amended adopted.

The additional section 13, proposed by Mr. Dargan, was then considered and adopted.

Mr. Dargan offered a substitute for section 11, which was amended, and the section so amended was adopted; and then the ordinance as amended as a whole was adopted.

Mr. President announced that he was in receipt of a communication from the Secretary of State of the State of Maryland, acknowledging on the part of the Governor of the State, the receipt of a copy of the Ordinance of Secession forwarded by the President. Ordered to be laid on the table.

Mr. Lewis asked and obtained leave of absence.

The special order then coming up, the Convention proceeded to the consideration of an ordinance entitled an ordinance to authorize colonels of volunteer regiments to appoint their own staff officers. It was read by its title, and adopted.

Mr. Morgan moved to suspend the further consideration of the special order, in order to allow the Committee on Imports and Duties to report. Carried.

Mr. Bragg, chairman of Committee on Imports and Duties, reported an ordinance entitled an ordinance to continue the city of Selma as a port of entry. The ordinance as reported was adopted.

Mr. Coleman moved to suspend all special orders. Carried; and

Mr. Clemens, chairman of Committee on Military Affairs, reported as follows:

The Committee on Military Affairs, to whom was reported two resolutions respecting the establishment of an Armory in the State of Alabama, instructed me to return the same with such information as they have collected to the Convention, and recommend that as the subject will probably be taken into consideration by the Southern Convention which will assemble in Montgomery on the 4th day of February next, no action be had upon it by


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this Convention at the present time; and upon Mr. Clemens’s motion, it was laid on the table,

Mr. Clemens, from same committee, made the following report:

The Committee on Military Affairs, to whom was referred a resolution authorizing the Governor of this State to loan a certain amount of arms and munitions of war to the Governor of Florida, have had the same under consideration, and instructed me to report that no action by this convention upon the subject is necessary at the present time; and upon Mr. Clemens’s motion, it was laid on the table.

Mr. Whatley moved to take up from the table and consider an ordinance entitled an ordinance concerning citizenship. Carried.

Mr. Dargan moved to postpone the consideration of the whole subject until Monday 12 m. Lost.

Mr. Herndon offered to amend as follows: Insert in section 4, between the words “person” and “who” the words “natives of any of the States or Territories of the United States.”

Mr. Beck offered as a substitute for Mr. Herndon’s amendment to insert after the word “person,” in the first line, Awho at the date of the ordinance of secession was a citizen of the United States of America.” Accepted by Mr. Herndon.

The hour of 4 P. M. having arrived, Mr. Yancey moved to suspend the rule of adjournment.

Mr. Whatley offered to amend Mr. Yancey’s motion as follows:

Resolved, That the rule requiring this House to adjourn at 4 o’clock, and to meet again at 10 o’clock on Monday next, be so far suspended as to allow this Convention after it adjourns at 4 o’clock this evening to meet again, to-night at 7 o’clock, to consider the order of the day.

Mr. Bulger moved to lay the amendment on the table, and it was laid on the table.

The question recurring on Mr. Yancey’s original motion to suspend the hour of adjournment, it was carried.

A telegraphic dispatch from Governor Winston, Commissioner for Alabama to Louisiana; to the Governor, was


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delivered to the Convention by Mr. Morgan, and read, as follows:

BATON ROUGE, January 26.

Louisiana secedes to-day. All well.

WINSTON.

The question being on the adoption of Mr. Beck’s amendment, the yeas and nays were demanded, and the amendment was lost. Yeas 11-nays 54.

Yeas-Messrs. Beck, Clarke of Lawrence, Crawford, Jewett, Johnson, Owens, Potter, Russell, Sheets, Timberlake and W ebb.

Nays-Messrs. President, Bailey, Barclay, Barnes, Beard, Blue, Bolling. Brasher, Bulger, Clarke of Marengo, Clemens, Coffey, Coleman, Creech, Crook, Curtis, Davis of Covington, Dowdell, Earnest, Ford, Foster, Franklin, Gibbons, Green, Henderson of Macon, Herndon, Hood, Howard, Inzer, Jones of Fayette, Ketchum, Leonard, Love, McClanahan, McKinnie, Morgan, Ralls, Rives, Ryan, Sanford, Shortridge, Slaughter, Smith of Henry, Smith of Tuscaloosa, Steele, Stone, Watkins, Watts, Whatley, Williamson, Winston, Wood, Yancey and Yelverton.

So the amendment was lost.

Mr. Yancey offered an amendment. Adopted, as follows: Strike out in first line of section two the words “so also shall continue,” and insert at the close of said section the words Ashall be a citizen thereof.” The 1st, 2d and 3d sections were adopted.

Mr. Watts offered an amendment to the 4th section to the effect that the certificate of the applicant must be recorded in some court of record in this State. Carried.

Mr. Yancey offered an amendment, which was adopted, to insert after the word “person,” in the first line, the words “who shall furnish satisfactory evidence of good character;” and Mr. Morgan offered the following amendment:

Provided, That if such person is not a native of one of the States or Territories of the late American Union, he shall have remained at least three years in one of said States or cities.


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The amendment was laid on the table. Yeas 46-nays 18, as follows-

Messrs. President, Bailey, Barclay, Barnes, Beard, Blue, Bolling, Bragg, Brasher, Bulger, Clarke of Marengo, Clemens, Coffey, Coleman, Crawford, Creech, Crook, Curtis, Davis of Covington, Dowdell, Ford, Franklin, Gibbons, Green, Henderson of Macon, Herndon, Hood, Howard, Jewett, Jones of Fayette, Ketchum, McClanahan, McKinney,  Owens, Ralls, Rives, Ryan, Sheets, Shortridge, Smith of Henry, Steele, Stone, Watts, Whatley, Winston, Wood and Yancey.

Nays-Messrs. Beck, Clarke of Lawrence, Foster, Inzer, Johnson, Kimball, Leonard, Love, Morgan, Potter, Russell, Sanford, Slaughter, Smith of Tuscaloosa, Timberlake, Watkins and Webb.

Mr. Morgan moved to amend by inserting after the word “applicant,” in the seventh line, the words “but not of lower rank than colonel, and a citizen of Alabama.” Adopted.

Mr. Timberlake moved to strike out “unless sooner discharged,” in the fourth line, which motion was lost.

The question being on adoption of section 4, as amended, the yeas and nays were demanded, and the section was adopted. Yeas 47-nays 16, as follows:

Yeas-Messrs. President, Baily, Barclay, Barnes, Beard, Blue, Bolling, Brasher, Bulger, Clarke of Marengo, Clemens, Coffey, Coleman, Creech, Crook, Curtis, Davis of Covington, Dowdell, Franklin, Gibbons, Greene, Henderson of Macon, Herndon, Hood, Howard, Inzer, Jones of Fayette, Johnson, Ketchum, Leonard, Love, McClanahan, McKinney,  Morgan, Ralls, Rives, Ryan, Shortridge, Slaughter, Smith of Henry, Steele, Stone, Watts, Whatley, Winston, Wood and Yancey.

Nays-Messrs. Beck, Clarke of Lawrence, Crawford, Ford, Foster, Jewett, Kimball, Owens, Potter, Russell, Sanford, Sheets, Smith of Tuscaloosa, Timberlake, Watkins and Webb.

Mr. Johnson offered the following amendment to the 5th section: Strike out all after the word “State,” in the third line, and insert “may be naturalized according to the naturalization laws of this State.”

Mr. Ketchum offered the following as a substitute for


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Mr. Johnson’s amendment: Strike out the word “the,” and insert “a” in the fifth line, before “residence,” the words “five years in the State.” Strike out the words “here required.”

The substitute was lost, and the amendment of Mr. Johnson was lost.

Mr. Watkins moved to adjourn until 10 o’clock on Monday. Lost.

Mr. Johnson moved to strike out section 5.

Mr. Yancey moved to include also sections 6 and 7.

Mr. Johnson accepted, and it was carried.

Mr. Yancey moved to change the number of the next section from 8 to 5, made necessary by the striking out of preceding section; also, to change the next from 9 to 6, which was carried.

Mr. Yancey also moved to change 10 to 7. Carried; and then the 7th section, so numbered, was adopted.

The ordinance as thus amended was adopted as a whole.

Mr. Clemens moved to take up from the table an ordinance entitled an ordinance to provide for the removal of the arms and munitions of war at Mount Vernon, in the State of Alabama, to a place or places of greater security.

Mr. Williamson moved to insert Haynesville among the places designated in the ordinance. Lost.

Mr. Timberlake moved to insert Stevenson.

Mr. President Brooks (Mr. Clarke of Marengo in the chair) moved to insert, by adding at the conclusion of the designation of the cities and towns, the words “and such other places as the Governor may select.” Accepted by Mr. Clemens with the amendments suggested, including Selma and Talladega.

Mr. Yancey offered the following amendment, to come in at the conclusion of the ordinance: “To be kept and delivered out only upon the orders of the Governor, for the equipment of volunteers, or of military companies in the service of the State; except in cases of insurrection or invasion.” Amendment accepted by Mr. Clemens.

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

Mr. Morgan offered the following resolution:

Resolved, That a committee, to consist of three dele-


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gates, be appointed, to whom the constitution and amendments be referred for revision. Resolution adopted.

Mr. Smith of Tuscaloosa, offered the following:

Resolved, That the Committee on Printing be instructed to inquire into the expediency of printing and publishing the ordinances which have been adopted by this convention. Also, the expediency of publishing the journals of this convention, and to report to the convention.

The resolution was adopted.

The convention then adjourned until Monday morning at 10 o’clock A. M.