TWENTIETH DAY.

CCCC

MONDAY, January 28, 1861.

The Convention met at 10 A. M.

Prayer by the Rev. O. R. Blue, of the Convention.

Mr. Jones of Lauderdale asked and obtained leave to record his vote in favor of the amendment of Mr. Morgan to the citizenship ordinance, providing for at least three years residence of foreigners before naturalization, which was submitted on yesterday.

Mr. Cochran moved to take up an ordinance reported by the Committee on the Constitution, to repeal an ordinance therein named. Carried; and the ordinance was taken up.

Mr. Dargan offered the following amendment, which was adopted:

“But the navigable waters of this State shall remain forever highways, free to the citizens of this State.”

Mr. Morgan offered the following amendment, which was adopted:

“And of Such States as may unite with the State of Alabama in a Southern Slaveholding Confederacy.”

And the ordinance, as amended, was adopted.

The President announced as the committee to revise the Constitution, Messrs. Morgan, Cochran and Webb.

Mr. Clemens from the Committee on Military Affairs, made the following report:

“The Committee on Military Affairs, to whom was referred a resolution requesting the Governor to recall the Alabama volunteers now stationed at or near Pensa-


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cola, in the State of Florida, have had the same under consideration, and instructed me to report back the same and recommend its adoption.

“JERE CLEMENS.”

Mr. Clemens moved to go into secret session, which motion prevailed, and the doors were closed.

CCC

SECRET SESSION.

MONDAY, January 28th, 1861.

The Convention went into secret session, to consider the following resolution, which Mr. Clemens, Chairman of the Committee on Military Affairs, had recommended should be adopted:

Resolved, That the Governor be and he is hereby requested to recall the Alabama volunteers now stationed at or near Pensacola, in the State of Florida.

Mr. Dargan offered the following amendment, which was subsequently withdrawn: “But said troops, or any other that the Governor may see fit, may be sent to Pensacola whenever the public interest requires it.”

Mr. Brooks (Mr. Webb in the chair) moved to amend the resolution of Mr. Clemens, by striking out the word “requested” and inserting the word “authorized.”

Mr. Bragg moved to pass over the whole matter informally for the present, which was adopted.

Mr. Bragg offered the following resolution, which was adopted:

Resolved, That his Excellency, the Governor, be requested to communicate forthwith to this Convention any information he may have in reference to the propriety of withdrawing or continuing in service the troops now at Pensacola.

And, on motion, the Convention went into open session until the Governor could be heard from.

CCB

OPEN SESSION.

The Convention having again gone into open session, Mr. Yancey moved that the rule requiring this Convention to adjourn at 4 o’clock p. m. be suspended. Carried.


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Mr. Smith, from Tuscaloosa, from the Committee on Printing, made the following report:

The Committee on Printing, to which was referred certain sections of the Constitution to be printed; have instructed me to report that the sections referred have been printed, and to return the original document, which is herewith submitted.

And on motion, the portion of the report of the committee on the Constitution which had not been disposed of was taken up.

The question was on motion of Mr. Morgan previously made, to reconsider the vote on the adoption of sections 30, 31 and 32 of article three, and the motion to reconsider was carried.

Mr. Dargan offered the following amendment to section 30, as follows: Strike out in line second, “private or quasi public,” and insert “other than municipal,” which was carried.

Also, to insert after the word “corporation,” in the fourth line, “and also the right to establish depots, stations and turn-outs to works of public improvement.” Adopted. Yeas 62-nays 9.

YEAS-Messrs. President, Baily, Baker of Barbour, Barclay, Barnes, Beck, Blue, Boiling, Bragg, Clarke of Marengo, Clarke of Lawrence, Cochran, Coleman, Crawford, Creech, Crook, Curtis,  Daniel, Dargan, Davis of Covington, Dowdell Edwards, Forrester, Foster, Gay, Gibbons, Green, Herndon Hoard Inzer, Jemison, Jewett, Jones of Lauderdale, Johnson, Kimball, Love, McClanahan, McPherson, Morgan, Posey, Potter, Ralls, Reeves, Russell, Ryan, Sanford, Sheffield, Shortridge, Smith of Tuscaloosa, Stone, Timberlake, Watkins, Watts, Whatley, Whitlock, Williamson, Winston, Wood, Yancey, Yelverton.

NAYS-Messrs. Brasher, Bulger, Coffey, Earnest, Ford, Franklin, Hind, Sheets and Webb. Section 30 was then adopted.

Mr. Earnest offered the following amendment to section 31: Strike out sections 31 and 32, and insert: “Internal improvements shall forever be encouraged in this State; but where it is proposed to levy a tax or any county, town or corporation for the purpose of aiding such inter-


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nal improvements, it shall require at least a two-thirds vote of the legal voters of said town, county or corporation to levy said tax.”

Mr. Cochran moved to lay the amendment on the table, and Mr. Earnest demanded the yeas and nays, and the result was as follows:

YEAS-Messrs. President, Baily, Baker of Barbour, Baker of Russell, Barclay, Barnes, Beck, Blue, Bolling, Bragg, Brasher, Bulger, Clarke of Marengo, Clarke of Lawrence, Clemens, Cochran, Coffey, Coleman, Creech, Crook, Dargan, Dowdell, Edwards, Forrester, Foster, Franklin, Gay, Gibbons, Green, Hood, Howard, Inzer, Jewett, Jones of Fayette, Jones of Lauderdale, Johnson, Kimball, Love, McClanahan, McPherson, Morgan, Posey, Potter, Ralls, Rives, Ryan, Sanford, Sheffield, Smith of Tuscaloosa, Stone, Timberlake, Watkins, Webb, Whatley, Whitlock, Yancey, Yelverton-57.

NAYS-Messrs. Earnest, Ford, Henderson, Ketchum, Russell, Sheets, Shortridge, Watts, Winston and Wood-10.

So the amendment of Mr. Earnest was laid on the table.

Mr. Watts moved to strike out section 31 entirely and insert the following:

That the General Assembly of this State shall pass no law the validity of which shall depend on the voice of the people, to be ascertained after the passage of such laws.

Mr. Cochran moved to lay the amendment on the table.

Mr. Watts moved to lay section 31 on tile table. Lost; and Mr. Cochran’s motion was carried. And section 31 was adopted.

Section 32 then being under consideration, Mr. Dargan moved to strike out “private or quasi public” in the last line of said section, and insert in place thereof, “other than municipal corporations,” pending the consideration of which, a message was received from his Excellency, the Governor, by his private secretary, Watkins Phelau, and the President ordered the galleries cleared, and the Convention went into secret session.


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SECRET SESSION.

JANUARY 28, 1861-12 o’clock.

The Convention again went into secret session, to receive and read the Governor’s communication in reference to the troops stationed at Pensacola:

EXECUTIVE DEPARTMENT.

Montgomery, Ala., January 28, 1861.

HON. WM. M. BROOKS, President State Convention:

SIR-The following resolution has been handed me by the Secretary of the Convention:

“Resolved, That His Excellency, the Governor, be requested to communicate to this Convention, forthwith, any information he may have in reference to the propriety of withdrawing or continuing in service the troops now at Pensacola.”

In answer to the foregoing resolution, I submit the following facts: On the 19th of January, the following dispatch was received by Col. Chase, at Pensacola, to wit:

WASHINGTON, January 18, 1861.

To Col. W. H. CHASE:

“Yours received. We think no assault should be made. The possession of the fort is not worth one drop of blood to us. Measures pending unite us in this opinion. Bloodshed may be fatal to our cause.”

Signed by Senators Mallory, Yulee, Slidell, Benjamin, Iverson, Hemphill, Wigfall, Clay, Fitzpatrick, and Davis.

Since the receipt of this dispatch, I have had a conference with Senator Mallory of Florida, and Senator Fitzpatrick of Alabama, in reference to the reasons upon which it was predicated, in which they informed me that they and Senator Slidell held a personal interview with the President and Secretary of the Navy, and were assured by them that no attack would he made upon Fort Sumter and Fort Pickens, or any excuse given for the shedding of blood during the present Administration, and that they deemed it of great importance that no attack should be made by South Carolina upon Fort Sumter, or by the troops of the seceding States upon Fort Pickens, in the present aspect of affairs. I was also informed by them


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that it was the policy of the Republican party to force a conflict between the Federal Government and the seceding States before the inauguration of Mr. Lincoln, so that the responsibility of commencing a war should not be cast upon him. It was further stated by Mr. Mallory; that a special messenger had been sent by the Secretary of the Navy to the officer in command at Fort Pickens, directing that officer to prevent the ships, which had been ordered to Pensacola, from entering the bay. The officer sent was Capt. Barron, of Virginia, in company with Mr. Mallory.

This is all the information now in my possession, in reference to the attitude of the Federal Government and the seceding States.

In reference to the forces at Pensacola, I am informed by Col. Chase that some companies from Mississippi, now at Pensacola, are desirous of returning home, being planters, business men, &c. He has asked me what must be done in regard to this matter. I have answered him by telegraph, that the troops are under the orders of the Governor of Florida, and that the Governor of Alabama cannot specially interfere with the Mississippi troops.

I have also received a dispatch from His Excellency, J. J. Pettus, Governor, of Mississippi, inquiring how long the Mississippi troops were desired to remain at Pensacola. I have telegraphed him that the Governors of Florida and Mississippi have alone the right to control the troops of Mississippi.

Notwithstanding it now appears, from the authority above given, that no attack is to be made upon the forts at Pensacola now in the possession of our forces at that point, I deem it inexpedient that all the troops should be withdrawn. It is important that we should be provided for any emergency that may occur, and that a sufficient number of troops should be drilled and ready to meet it. If the troops should all be withdrawn from Pensacola, it may have a demoralizing effect upon them, and upon volunteers generally, unless kept under orders at some other point. It would be more expensive to the State to transport them to some other position, and keep them under arms than to permit them to remain at Pensacola.


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The withdrawal of the troops front Pensacola might induce the belief among the Black. Republicans that resistance was not intended, if coercion were attempted on their part, and thus give encouragement to them.

I have now briefly given the information in my possession, and also my opinion with regard to the withdrawal of the troops from Pensacola.

Very respectfully,

A. B. MOORE.

The question recurring on the motion of Mr. Brooks, to strike out the word “requested,” and insert the word “authorized,”

Mr. Clemens moved to lay the amendment on the table.

Mr. Whatley moved to lay the resolution and amendment on the table.

Mr. Jemison called for a division of the question, and the motion to lay Mr. Burns’s proposed amendment on the table was lost. Ayes 32-nays 46.

Yeas-Messrs. Baker of Barbour, Barclay, Beard, Brasher; Bulger, Clarke of Lawrence, Clemens, Coffey, Edwards, Ford, Franklin, Gay, Herndon, Hood, Inzer, Jemison, Jones of Fayette, Johnson, Kimball, Posey, Potter, Ralls, Russell, Sanford,  Sheets, Sheffield, Shortridge, Smith of Tuscaloosa, Timberlake, Watkins, Whitlock, Winston-32.

Nays-Messrs. President, Bailey, Barnes, Beck, Blue, Bolling, Bragg, Clarke of Marengo, Cochran, Coleman, Crawford, Creech, Crook, Curtis, Daniel, Dargan, Davis of Covington, Dowdell, Forrester, Foster, Gibbons, Green, Henderson of Macon, Howard, Jewett, Jones of Lauderdale, Ketchum, Love, McClanahan, McPherson, McKinnie, Morgan, Owens, Rives. Ryan, Smith of Henry, Stone, Watts, Webb, Whatley, Williamson, Wood, Yancey, Yelverton-46.

And Mr. Brooks’s amendment was then adopted.

Mr. Whatley proposed an amendment, but withdrew it.

Mr. Watts moved to amend, by adding-“and to send others there whenever, in his judgment, the .public interest requires it.”


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Mr. Clemens moved to lay the whole subject on the table which motion was adopted.

Mr. Yelverton moved to adjourn until 4 2 o’clock. Lost.

Mr. Yancey moved to suspend the rule as to adjournment this day at 2 P. M. Carried.

On motion, the Convention went into open session.

CC

OPEN SESSION.

MONDAY, January 28, 1861.

The Convention again went into open session.

Mr. Watts moved to postpone the further consideration until the 4th day of March.

Mr. Jemison moved to lay Section 32 on the table. Lost.

Mr. Watts’s motion was put and carried.

The next portion of the report of the Committee on the Constitution being that in relation to slavery, it was taken up and considered.

SLAVERY.

Messrs. Watts and Clarke of Lawrence proposed amendments to Section 1, which did not come into the possession of the Secretary, and which, on motion of Mr. Cochran, were ordered to lay on the table.

The report of committee in relation to Section 1 was:

They recommend that the section be amended 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.”

Mr. Jemison proposed the following amendment:

“Nor shall any slave be sold with a view to the ultimate emancipation or freedom of such slave.”

Mr. Watkins offered the following amendment, which was adopted:

Strike out Section 1, and insert the following: “No slave in this State shall be emancipated by any act done or to take effect either in this State or any-other country.”

Mr. Jemison moved to postpone the consideration of


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the remainder of the report of the Committee on the Constitution in relation to slavery, until the 4th of March, 1861. The motion was agreed to by a vote of 31 to 21.

Mr. Clarke of Marengo moved to adopt the constitution, as a whole, with the exception of that portion which has been postponed. Carried.

Mr. Earnest, from the Committee on Enrollment, made the following report, which was concurred in:

“The Committee on Enrollment have examined the ordinance to preserve the laws of the State of Alabama, and also the ordinance concerning foreign coin, and find the same correctly enrolled and have instructed me to report the same as correctly enrolled.

AAnd also an ordinance to reorganize the militia of the State of Alabama, being correctly enrolled, is as such reported.”

Mr. Yelverton offered the following resolution, which, under the rule, lies over one day:

“Resolved, That there shall be a call of the members each day, for the purpose of allowing each member respectively to introduce such matter as may be desired by any member, to be submitted to the Convention for its action.”

The African Slave trade ordinance, as reported by the Committee on Foreign Relations, was then taken up, and the question being on the adoption of the resolutions proposed by Mr. Jones of Lauderdale, (as amended,) as a substitute for the ordinance to prohibit the African slave trade.

Mr. Yelverton was, entitled to the floor, but gave way to a motion to adjourn, which motion was lost; and:

Mr. Yelverton proceeded to discuss the question before the Convention, but gave way by request of Mr. Morgan, to allow him to make a motion to adjourn until 7 o’clock this evening, which motion was lost.

Mr. Clarke of Marengo, gave notice of a resolution which he would move to adopt on to-morrow, as follows:

Resolved, That during the remainder of the session of this Convention, no member thereof shall speak on any one subject longer than 20 minutes, and only once on said subject.


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Mr. Jemison asked leave to return certain papers connected with the contested election case, which was granted.

Mr. Yelverton was entitled to the floor, and while addressing the Convention was called to order, and Mr. Posey raised the point of order, stating it to be that a member addressing the Convention called to order cannot proceed without leave of the Convention. The chair decided the point was not sustained, and an appeal being taken from the decision of the Chair, the yeas and nays were demanded with the following result: Yeas 28 and nays 27.

Yeas-Messrs. Bailey, Barnes, Beck, Blue, Bolling, Coleman, Creech, Curtis, Dowdell, Earnest, Foster, Herndon, Howard, Jemison, Jewett, Ketchum, McClanahan, McPherson, McKinnie, Rives, Shortridge, Smith of Henry, Smith of Tuscaloosa, Stone, Whatley, Williamson, Winston, Yancey.

Nays-Messrs. Barclay, Beard, Bragg, Brasher, Clarke of Marengo, Clarke of Lawrence, Coffey, Dargan, Edwards, Franklin, Green, Hood, Jones of Fayette, Johnson, Kimball, Love, Morgan, Posey, Potter, Ralls, Russell, Sanford, Timberlake, Watts, Whitlock, Wood.

Mr. Jemison moved to strike out from the substitute, “on the grounds of public policy.”

Discussion ensued and Mr. Whatley moved to lay Mr. Jemison’s motion on the table, which was carried.

Mr. Watts proposed a substitute for the resolution, as follows:

Strike out all after the word “resolved,” and insert:

AThat in the opinion of this Convention, it is unwise and inexpedient to re-open the African slave trade, and that the Convention of seceding States should adopt measures to prohibit the importation for sale of slaves into the Southern Republic from any source.”

Mr. Jones of Lauderdale, moved to lay the amendment of Mr. Watts on the table, and the yeas and nays were demanded, and the motion was carried.

Yeas 38-nays 29.

Yeas-Messrs. Barclay, Beard, Beck, Bolling, Bragg, Brasher, Bulger, Clarke of Marengo, Clarke of Lawrence, Coffey, Dargan, Dowdell, Earnest, Edwards, Ford, Frank-


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lin, Gay, Green, Herndon, Hood, Inzer, Jemison, Jones of Fayette, Jones of Lauderdale, Johnson, Kimball, Posey, Potter, Russell, Sanford, Sheets, Shortridge, Smith of Tuscaloosa, Timberlake, Watkins, Webb, Whitlock, Winston.

Nays-Messrs. President, Bailey, Blue, Coleman, Creech, Crook, Davis of Covington, Foster, Gibbons, Gilchrist, Henderson of Macon, Howard, Jewett, Ketchum, Love, McClanahan, McPherson, McKinnie, Morgan, Ralls, Rives, Ryan, Smith of Henry, Stone, Watts, Whatley, Williamson, Wood, Yancey.

Mr. Dowdell offered the following resolution as an amendment:

Resolved, That we regard the institution of African slavery now existing in the slaveholding states South, to be a moral, social, and political blessing, and that the people of Alabama do now and should hereafter discountenance any and all attempts, either directly or indirectly, by legislation or otherwise, to hinder its growth and its expansion.

Mr. Jemison moved the previous question in order to cut off all amendments, and the yeas and nays being demanded, the result was, yeas 29-nays 37.

So the call for the previous question was not sustained.

Yeas-Messrs. Barclay, Beard, Bragg, Brasher, Bulger, Coffey, Dargan, Earnest, Edwards, Ford, Foster, Franklin, Gay, Green, Hood, Inzer, Jemison, Johnson, Posey, Potter, Russell, Sanford, Sheets, Smith of Tuscaloosa, Watkins, Webb, Whitlock, Winston, Wood.

Nays-Messrs. President, Bailey, Beck, Blue, Bolling, Clarke of Marengo, Clarke of Lawrence, Coleman, Creech, Crook, Davis of Covington, Dowdell, Gibbons, Gilchrist, Henderson of Macon, Howard, Jewett, Jones of Lauderdale, Kimball, Ketchum, Love, McClanahan, McPherson, McKinnie, Morgan, Ralls, Rives, Ryan, Shortridge, Smith of Henry, Stone, Timberlake, Watts, Whatley, Williamson Yancey.

Mr. Morgan moved to lay Mr. Dowdell’s resolution on the table, and the yeas and nays were demanded. The motion yeas lost: yeas 25-nays 37, as follows:

Yeas-Messrs. Barclay, Beard, Brasher, Burger, Clarke of Lawrence, Earnest, Edwards, Franklin, Gay, Jemi-


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son, Jones of Lauderdale, Johnson, Kimball, Morgan, Potter, Russell, Sanford, Sheets, Smith of Tuscaloosa, Timberlake, Watkins, Whitlock, Winston, Wood.

Nays-Messrs. President, Bailey, Barnes, Beck, Blue, Bolling, Clarke of Marengo, Coffey, Coleman, Creech, Crook, Dargan, Davis of Covington, Dowdell, Foster, Gibbons, Gilchrist, Henderson of Macon, Herndon, Howard, Inzer, Jewett, Ketchum, Love, McClanahan, McPherson, McKinnie, Ralls, Rives, Ryan, Shortridge, Smith of Henry, Stone, Watts, Webb, Whatley, Yancey.

And Mr. Dowdell’s amendment was then adopted as a part of the substitute for the ordinance originally reported by the Committee on Foreign Affairs.

Mr. Watts moved to reconsider the vote on the adoption of Mr. Dowdell’s resolution, which motion was carried,

And the question being on the adoption of Mr. Dowdell’s resolution, the yeas and nays were demanded; and it was lost. Yeas 19-nays 40.

Yeas-Messrs. Bailey, Barns, Blue, Bolling, Coleman, Crook, Davis of Covington, Dowdell, Gibbons, Gilchrist, Howard, Love, McKinnie, Ryan, Shortridge, Smith of Henry, Whatley, Williamson, Yancey.

Nays-Messrs. President, Barclay, Beard, Beck, Brasher, Bulger, Clarke of Marengo, Clarke of Lawrence, Coffey, Creech, Edwards, Ford, Franklin, Gay, Henderson of Macon, Herndon, Hood, Inzer, Jemison, Jones of Lauderdale, Johnson, Kimball, Ketchum, McClanahan, Morgan, Posey, Potter, Ralls, Rives, Russell, Sanford, Shortridge, Smith of Tuscaloosa, Timberlake, Watkins, Watts, Webb, Whitlock, Winston, Wood And the question being on the adoption of Mr. Jones=s (of Lauderdale) resolution as a substitute for the ordinance reported by the committee, the yeas and nays were demanded. The substitute was adopted; yeas 41-nays 18.

Yeas-Messrs. President, Barnes, Beck, Bolling, Bulger, Clarke of Marengo, Clarke of Lawrence, Coffey, Coleman, Creech, Crook, Davis of Covington, Gibbons, Gilchrist, Henderson of Macon, Herndon, Howard, Inzer, Jemison, Jewett, Jones of Lauderdale, Johnson, Kimball,


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Ketchum, Love, McClanahan, McKinnie, Morgan, Potter, Ralls, Rives, Russell, Ryan, Shortridge, Smith of Henry, Stone, Timberlake, Watts, Whatley, Williamson, Yancey.

Nays-Messrs. Bailey, Barclay, Beard, Blue, Brasher, Dowdell, Edwards, Ford, Foster, Franklin, Hood, Posey, Sanford, Smith of Tuscaloosa, Stone, Watkins, Webb, Winston, Wood.

The question was then on the final adoption of Mr. Jones’s resolution as amended, which was as follows:

Whereas, The people of Alabama are opposed on the grounds of public policy, to the re-opening of the African slave trade, therefore,

Resolved, That it is the will of the people of Alabama, that the Deputies elected by this Convention to the Southern Convention, to meet in 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 reopening of the African slave trade.

The yeas and nays were demanded, and resulted: yeas 52-nays 3, as follows:

Yeas-Messrs. President, Bailey, Barnes, Beard, Beck, Blue, Bolling, Brasher, Bulger, Clark of Marengo, Clarke of Lawrence, Coleman, Creech, Crook, Davis of Covington, Edwards, Ford, Gay, Gibbons, Gilchrist, Henderson of Macon, Herndon, Inzer, Jemison, Jewett, Jones of Lauderdale, Johnson, Kimball, Ketchum, Love, McClanahan, McKinnie, Morgan, Posey, Potter, Ralls, Rives, Russell, Ryan, Sanford, Smith of Henry,. Smith of Tuscaloosa, Stone, Timberlake, Watkins , Watts, Webb, Whatley, Whitlock, Williamson, Wood, Yancey.

Nays-Messrs. Dowdell, Foster, Howard.

And the resolution was adopted.

And on motion, at 11 2 o’clock, P. M., the convention adjourned until to-morrow at 10 o’clock A. M.


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