TUESDAY, March 5th, 1861.

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

Prayer by the Rev. G. W. H. Petrie, of the Presbyterian Church.

The journals of yesterday were read and approved.

Mr. President announced that he had received a communication from Hon. John Gill Shorter, Commissioner from this State to the State of Georgia, and inquiring what disposition the convention would make of it.

On motion the communication was read and laid on the table.

Mr. President ordered the call of the committees, in pursuance of the resolutions adopted on yesterday; and Mr. Henderson, of Macon, presented a communication from one of the members of the Auburn Guards, and moved its reference to the Committee on Public Expenditures, which was carried.

Communication from the Governor.

A message was received from his Excellency, the Governor, which was read.


Montgomery, Ala., .March 5th, 1861.

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

Sir: I beg leave to lay before the convention a letter from Hon. E. P. Walker, Secretary of War of the Con-


federate States of America, of which the following is a copy:


War Department, Montgomery, March 1st, 1861.

Sir: The Congress have passed an act to raise provisional forces for the Confederate States of America, and for other purposes. I beg leave to enclose a copy of the act.

Under this act the President directs me to inform you that he has assumed control of all military operations in your State leaving reference to, or connected with, questions between your State and powers foreign to it.

He also directs me to request that you will communicate without delay to this department the quantity and character of arms and munitions of war acquired from the United States, and which are now in the forts, arsenals and navy yards of your State; and all other arms and munitions which your State may desire to turn over and make chargeable to this government.

The President further directs me to say that he will proceed with as little delay as possible to organize the provisional forces in the respective States, as provided for in the 3d and 4th sections of said act.

I have the honor to be, very respectfully,

your obedient servant,


Secretary of War.

His Excellency, A. B. Moore,

Montgomery, Ala.

I also herewith lay before the convention a copy of the act referred to in the foregoing letter.

I would not feel at liberty to turn over the property acquired from the United States, unless authorized by the action of the convention or legislature of the State. As it is the object of the President, in assuming control of the military operations of the Confederate States, to defend and protect them against foreign powers; he must be provided with the necessary means for so doing. This care only be done under present circumstances by transferring to the Confederate Government the arms and munitions of war in possession of the seceded States, ac-


quired from the Federal Government. There is now no other way of furnishing the President with the means of defending the Confederate States.

It is my opinion that the arms and munitions of war purchased by the State of Alabama should be retained to enable her to meet any emergency that may arise, except the two large columbiads purchased for the defence of Fort Morgan.

These matters are respectfully submitted for the consideration and action of the convention.

Very respectfully,


On motion of Mr. Earnest, the message was referred to the Committee on Military Affairs.

The President announced that he had received two communications in reference to the Shelby county contested election case.

On motion of Mr. Clemens, they were referred to the Committee on Credentials.

Mr. President announced next business in order was the consideration of an ordinance in relation to reducing the size of the counties in this State.

Mr. Edwards moved to make the ordinance the special order for to-morrow, (Wednesday,) at 12 M. Carried.

On motion of Mr. Cochran, the motion in relation to the waste and unappropriated lands in the State of Alabama was taken from the table.

Mr. Dargan moved that the ordinance be laid over until Thursday next.

Mr. Jewett moved to recommit the ordinance to the Committee on Public Lands.

Mr. Clemens moved to suspend the consideration of the subject matter, to introduce the following resolution:

Resolved, That the public lands within the limits of the State of Alabama shall be reserved for the use and benefit of the people of the State, and the title thereto under any circumstances shall not be transferred to any other government or power.

Mr. President decided that the resolution was out of order, and that the question on the notion of Mr. Jewett to recommit the ordinance, which was agreed to.


And Mr. Clemens again offered his resolution, and upon motion of Mr. Dargan, it was postponed until Thursday next.

Mr. Morgan introduced an ordinance in relation to the disposition of the proceeds of the sales of the public lands, which was referred to the Committee on Public Lands.

Mr. Dowdell offered a resolution to the effect that the proceeds of public lands in this State shall be set apart for the purpose of meeting the expense that have been or may be incurred on account of the secession of the State from the United States of America; which was referred to the Committee on Public Lands.

Mr. Johnson also offered an ordinance in relation to the public lands, which was referred to the Committee on Public Lands.

Mr. McClanahan introduced an ordinance in regard to the Swamp and Overflowed Lands, which, without being read, was referred to the Committee on Public Lands.

The next business in order being the consideration of the amendments to the State constitution, they were taken up, and on motion of Mr. Earnest, their further consideration was postponed until 1 o’clock to-morrow.

On motion, an ordinance relating to the issuance of patents by the Governor, and for other purposes, was taken up, and on motion of Mr McClanahan, was recommitted to the Committee on Public Lands.

Mr. Clarke of Marengo introduced an ordinance to give efficiency to the ordinance of January 19th, 1861, “to provide for the military defence of the State of Alabama.” Referred to Military Committee.

Mr. Gibbons offered the following resolution:

Resolved, That the Secretary of this Convention be allowed to employ temporarily, during the absence of the assistant employed by him at the commencement of the session of this Convention, an assistant secretary, and pay such assistant same pay as was received by the first employee. The resolution was adopted.

On motion of Mr. Gibbons, the Convention adjourned until 10 o’clock to-morrow.