TWENTY-FIRST DAY

TUESDAY MORNING, January, 29, 1861.

The convention met at 10 o’clock A. M.

Hon. William M. Brooks in the chair.

Prayer by Rev. John P. Falls of the Convention.

CALL OF COMMITTEES.

Mr. Dowdell, from the Committee on Public Expenditures, made the following report.

The Committee on Public Expenditures, to whom was referred the following resolution, beg leave to report the same back, as amended, to the convention, and recommend its adoption:

Resolved, That the sum of twenty-five dollars be and the same is hereby appropriated to P. H. Brittain, Secretary of State, to compensate him for services in carrying out the resolution of this Convention in reference to the ordinance to make provisional postal arrangements.

The report was concurred in, and the resolution adopted.

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

“The Committee on Printing, to which was referred certain resolutions of instruction, have had the same under consideration, and have instructed me to report the following plan for publishing the journal.”

Mr: Smith of Tuscaloosa proposes to print and publish the journal of the Convention, with the debates, upon the following plan and conditions:

To preserve the journal, without abridgement, from copies to be certified by the Secretary. To intersperse the debates on the various questions as they arise, so that each proposition, as recorded in the journal, will be accompanied by the debate in the order as it occurred at the time.

The book shall include the speeches which have been or may be made before the Convention by Commissioners from other States, and the reports of our Commissioners to other States.

The book to be printed in the best style of law printing, and bound in law binding, at Mr. Smith’s own expense and responsibility.

Mr. Smith requires of the Convention, as a condition,


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that by ordinance the copyright of the book shall be secured to him, and that the Convention, instead of publishing the journal at the expense of the State, shall purchase of him the number of copies usually published of the Senate and House journals, at a price not to exceed the cost now paid to the State printers, to be estimated with regard to the quality of the paper, printing, and the style of binding.

Resolved, That the foregoing proposition be accepted upon the terms therein set forth, and that the Secretary of the Convention be required to furnish Mr. Smith with certified copies of the journals, and of such other documents and communications as may be necessary to explain the proceedings and debates.

The report was concurred in and the resolution agreed to.

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

The Committee on Printing, to which was referred certain resolutions of instruction concerning the printing of the ordinances of this Convention, have had the same under consideration and have instructed me to report the following resolutions and recommend their adoption.

Resolved, That the Secretary of the Convention be required to furnish the Committee on Printing with copies of the ordinances which have been adopted, and that the same be placed in the hands of the State Printers with instructions to print 2,200 copies of them with dispatch, in pamphlet form, in the style of the acts of the Legislature.

Resolved, That the Secretary of State be instructed to distribute by mail to the judges of probate, the numbers of copies which each county is entitled to, with instructions to distribute the ordinances to such persons as are now entitled by law to the acts of the General Assembly, and also ten copies to each member of this Convention.

The report was concurred in and the resolutions adopted.

Mr. Clarke of Lawrence, Chairman pro tem of the Committee on Enrollment, made the following report, which was concurred in.


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The Committee on Enrollment, to whom was referred “an ordinance supplemental to an ordinance to make provisional postal arrangements,” “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,” and any ordinance “concerning citizenship,” beg leave to report that they have had the same under consideration, and that they are correctly enrolled.

Mr. Inzer from the same committee, reported the following ordinances as correctly enrolled:

An ordinance to continue the city of Selma as a port of entry;

An ordinance to authorize colonels of volunteer regiments to appoint their own staff officers;

An ordinance supplemental to an ordinance heretofore passed in reference to the custom house at Mobile.

Mr. Earnest, from the same committee, made a further report that the following named ordinances were correctly enrolled:

An ordinance in reference to the several ordinances passed by this Convention in relation to federal affairs:

An ordinance supplemental to an ordinance to provide for the military defence of the State.

Mr. Jemison returned to the Secretary certain papers connected with the contested election case.

Mr. Jewett, chairman of special committee on the subject of land offices &c., made a report accompanied by an ordinance entitled “an ordinance in relation to the waste and unappropriated lands in the State of Alabama,” which, on motion of Mr. Henderson of Macon, was laid on the table, and the Assistant Secretary of the Convention was instructed to have 500 copies printed and distributed among the members of the Convention during the recess.

Mr. Jewett, from the same committee, also reported an ordinance to authorize issuance of patents by the Governor, and for other purposes, which was also ordered to be printed and distributed as above.

Mr. Jewett also offered an ordinance in reference to the Greenville land office, which, by leave of time Convention, was informally withdrawn.


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Mr. Dargan, by leave, offered the following resolutions which were adopted.

Resolved, That vacancies which may occur in the office of delegate from this State to the Convention of the seceding States, to be held at Montgomery in this State, on the 4th day of February next, shall be filled by the Governor during the recess of this Convention.

Resolved also, That the Governor of this State shall cause appropriate elections to be held, to supply all vacancies which may occur in the office of Delegate to this Convention, to be held at such time as he may direct; and five days notice of such election shall be given.

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

Resolved, That the doorkeeper of this Convention be authorized to receive the same compensation for his services as was allowed to the doorkeeper of the last House of Representatives.

Mr. Morgan offered an ordinance supplemental to the ordinance to provide for the defence of Alabama, providing for the protection of the coast defences of the Gulf of Mexico, which was adopted.

Mr. Johnson introduced an ordinance in relation to reducing the size of the counties in this State, from 900 to 600 square miles, &c.

Mr. Blue offered the following amendment, which was accepted by Mr. Johnson, as follows:

Provided That no action of this Convention or the Legislature, based upon the foregoing ordinance, shall take effect until such action shall be ratified by a vote of the people of the State.

Mr. Johnson moved to refer the ordinance to the Committee on Printing, with instructions to print 200 copies during the recess.

Mr. Webb moved the indefinite postponement of the ordinance, and the yeas and nays were demanded, and resulted, yeas 25-nays 41.

Yeas-Messrs. President, Bailey, Baker of Barbour, Beck, Blue, Bolling, Cochran, Daniel, Dowdell, Earnest, Gilchrist, Henderson of Macon, Herndon, Hood, Jones of Fayette, Jones of Lauderdale, Love, McClana-


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han, McPherson, Sheets, Stone, Watkins, Webb, Williamson, Wood, Yancey.

Nays-Messrs. Barclay, Bragg, Brasher, Bulger, Clarke of Lawrence, Clarke of Marengo, Clemens, Coffey, Coleman, Creech, Crook, Davis of Covington, Edwards, Ford, Forrester, Foster, Gibbons, Green, Herndon, Howard, Inzer, Jemison, Jewett, Johnson, Kimball, Ketchum, McKinnie, Owens, Posey, Potter, Ralls, Rives, Russell, Ryan, Sanford, Smith of Henry, Smith of Tuscaloosa, Steele, Timberlake, Watts, Whatley. Whitlock, Yelverton.

And the question recurring on Mr. Johnson’s motion to print, it was carried.

Mr. Ketchum offered an ordinance in relation to the several ordinances passed by this Convention on the subject of Federal Affairs, which was adopted.

Mr. Kimball offered the following resolution, (Mr. Webb in the chair):

Resolved, That the thanks of this convention be tendered to the Hon. Wm. M. Brooks, the President, for the able and impartial manner in which he has discharged the arduous duties of his position.

The resolution was unanimously adopted.

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

Resolved, That the President of this convention is authorized to draw his warrant on the Treasurer of this State for any sum of money he has expended for telegrams sent to and from this convention.

Mr. Baker of Barbour introduced an ordinance supplemental to an ordinance entitled “and to provide for the military defence of the State of Alabama,” which was adopted.

Mr. Whatley moved that a committee of three be appointed to wait on the Governor and inform him that we are ready to adjourn, and inquire of him if he has any communication for the Convention. Carried.

Messrs. Whatley, Jemison and Jewett were appointed said, committee.

Committee returned and reported that the Governor had no communication to make to the convention.

Mr. Smith of Tuscaloosa moved that the account of


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the printers to the convention, (Shorter & Reid,) be referred to the Committee on Printing. Carried.

Mr. Whatley called up his motion to adjourn, which being agreed to,

Mr. President Brooks, in an appropriate and eloquent address, returned his thanks for the resolution adopted by the convention complimentary to himself, and pronounced the convention adjourned until the 4th of March next.