TWENTY-EIGHTH DAY

OPEN SESSION:

MONTGOMERY, ALA., March 11th, 1861.

The Convention met Pursuant to adjournment.

Prayer by Rev. Mr. Davis.

Journals were read and approved.

Mr. Jewett introduced the following resolution, which was referred to the committee on public lands:


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Resolved. That the committee on Public Lands be instructed to inquire into the expediency of extending the provisions of the Charter of the Pensacola and Mobile Railroad and Manufacturing Company, so as to enable said company to continue its road and connect the waters of the Perdido River with the waters of Mobile Bay; and that they report upon the expediency of granting alternate sections of the public lands within six miles on either side of said road to aid in its construction.

Mr. Phillips asked leave of absence for Mr. Baily. Granted.

Mr. Morgan introduced the following resolutions, which were adopted:

Resolved, That the engrossing clerk be directed to prepare a draft of the Constitution of the State under the direction of the committee on revision, to be submitted to this body for its action.

Resolved, That the committee on the revision of the Constitution be authorized, in preparing the draft of the Constitution, to strike out all such matter as in the opinion of the committee is at present of no practical value, and that they report the matter so stricken out at the same time that the draft of the constitution as revised by the committee is presented to the convention for its action.

Mr. Coman introduced the following resolution, which was adopted:

Resolved, That the Committee on Military Affairs be instructed to inquire into the expediency of repealing an act of the Legislature of Alabama, entitled “An act to authorize the Governor to appoint a Military Board,” approved February 5th, 1861.

Mr. Foster presented a petition in relation to diminishing the size of the counties.

Mr. Watkins moved its reference to the committee on the Constitution. Lost. It was referred to the select committee on reducing the counties.

Mr. Foster moved a reconsideration of the report of the committee on the Constitution, which was concurred in on Saturday, unfavorable to the change of the Constitution, making Sheriffs ineligible to re-election, which was lost.


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

Resolved, That the Committee on Imports and Duties be instructed to inquire into the expediency of turning over to the Provisional Government the Custom Houses at Mobile and Selma, and the Marine Hospital at Mobile, the lighthouses within the jurisdiction of the State, and such moneys as the collectors of the Ports may have in hand at the time the order of transfer is made.

Mr. Humphries introduced an ordinance to amend an ordinance entitled “an ordinance to reorganize the Militia of the State of Alabama,” adopted January 23d, 1861.

Mr. Whatley moved its reference to the Military Committee. Carried.

Mr. Shortridge offered the following resolution:

Resolved, That the Committee on the Constitution be instructed to inquire into the expediency of amending the Constitution so as to establish the permanent seat of Government of the State at Montgomery.

Mr. Clemens moved to strike out the words “at Montgomery.” Carried.

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

Mr. Clemens moved that the Convention go into secret session. Carried.

At 10 minutes before 12 o’clock the doors were again opened.

Mr. Foster made a motion to suspend the call of the committees to enable him to introduce the following resolution, which motion prevailed, and the resolution was adopted:

Resolved, That the President of this convention be authorized to communicate with one of the Commissioners of the Southern Confederacy, now in Washington, so as to receive a daily dispatch for the convention, to be communicated in secret session.

The resolution of Mr. Whatley, relative to the publishing of the journals of the State Convention, was taken up. The question being its reference to a select committee, it was so referred.

Mr. President appointed. Messrs. Whatley, Clarke of Marengo, Creech, Russell and Green said committee.


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The hour of 12 having arrived, the convention proceeded to the consideration of the special orders, which was, first, the report of the select committee on reducing the size of the counties.

Mr. Johnson, from said committee, made the following majority report:

The special committee to whom was referred an ordinance entitled “an ordinance in relation to reducing the size of counties in this State,” together with the various amendments proposed thereto, have had the same under consideration, and beg leave to report the following ordinance:

“An ordinance to amend the constitution in relation to the size of the counties in this State.”

Mr. McClanahan, from the same committee, made the following minority report, and moved that said report be adopted:

“The undersigned, a member of the Committee on County Boundaries, to whom was referred an ordinance in relation to changing the size of the counties in this State, and other propositions therewith submitted, with the majority of said committee has considered the same, and asks leave to make the following minority report:

AThe undersigned is of opinion that the constitution of the State as it now stands, on the subject of the formation of counties, should not be changed at this time, for many reasons, among which are the following, viz:

1. This convention was not called with a view to the consideration of the proposed changes;

2. The subject of the reduction of the size of the counties of the State has not been considered and passed upon by a large majority of the people, and it is but right that their opinions should be consulted and respected on this subject;

3. The proposed change may endanger the location of many of the county sites in this State, and thereby interfere with vested rights;

4. The proposed change will increase the annual expenses of our State government, and for that reason should be avoided;

5. The proposed change may make it necessary to increase the number of representatives and senators, or the


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tendency will be to make it necessary in elections therefore to bracket the smaller and weaker on to the larger and stronger counties, either of which results, for the sake of harmony and the rights of minorities, should be prevented;

6. The proposed change will make it more difficult and expensive to provide and maintain efficient county administration for the counties;

7. The proposed change will be fruitful in originating a system of private speculations throughout the State, that will subordinate the public to individual interests.

For these and other reasons, the undersigned reports that it is inexpedient to make the proposed change, or any other change, on the subject of the size of the counties of this State.

The yeas and nays were called on its adoption. Yeas 38-nays 44.

Yeas-Messrs. Allen, Barnes, Beard, Beck, Blue, Bolling, Clarke of Lawrence, Cochran, Coman, Crawford, Curtis, Daniel, Davis of Pickens, Franklin, Gay, Gibbons, Gilchrist, Green, Henderson of Macon, Henderson of Pike, Herndon, Jones of Fayette, Love, McClanahan, McClellan, McPherson, Mitchell, Sheets, Sheffield, Shortridge, Smith of Tuscaloosa, Steele, Watkins, Webb, Williamson, Wood and Wilson.

Nays-Messrs. Brasher, Bulger, Catterlin, Clarke of Marengo, Coffey, Creech, Crook, Crumpler, Davis of Covington, Davis of Madison, Earnest, Edwards, Ford, Forrester, Foster, Hawkins, Howard, Inzer, Jewett, Jones of Lauderdale, Johnson, Kimball, Leonard, McKinney, Morgan, Owens, Phillips, Posey, Potter, Ralls, Rives, Russell, Ryan, Sanford, Slaughter, Smith of Henry, Starke, Taylor, Timberlake, Watts, Whatley, Whitlock, Winston and Yelverton.

It was defeated.

Mr. Jones of Lauderdale moved to lay the majority report on the table. Carried. Yeas 45-nays 40.

Yeas-Messrs. President, Allen, Barclay, Barnes, Beard, Beck, Blue, Bolling, Clarke of Lawrence, Cochran, Coman, Crawford, Daniel, Dargan, Davis of Pickens, Dowdell, Franklin, Gay, Gibbons, Gilchrist, Green, Henderson of Macon, Henderson of Pike, Herndon, Hood, Jones of


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Fayette, Jones of Lauderdale, Love, McClanahan, McClellan, McPherson, Mitchell, Posey, Sheets, Sheffield, Shortridge, Smith of Tuscaloosa, Steele, Stone, Watkins, Watts, Webb, Williamson, Wilson and Wood.

Nays-Messrs. Brasher, Bulger, Catterlin, Clarke of Marengo, Coffey, Coleman, Creech, Crook, Crumpler, Davis of Covington, Davis of Madison, Earnest, Edwards, Ford, Forrester, Foster, Hawkins, Howard Inzer, Jewett, Johnson, Ketchum, Leonard, McKinney, Morgan, Phillips, Potter, Ralls, Rives, Russell Ryan, Sanford, Slaughter, Smith of Henry, Starke, Taylor, Timberlake, Whatley, Whitlock, Winston, and Yelverton.

On motion of Mr. Clarke of Marengo, the convention adjourned until to-morrow morning, at 10 o=clock.

CCC

SECRET SESSION.

MONTGOMERY, ALA., March 11, 1861.

The convention went into secret session, and

Mr. Clemens introduced an ordinance to provide for the transfer of certain troops therein mentioned to the Confederate States of America.

Mr. Smith of Tuscaloosa offered the following amendment, to come at the end of the proviso: “and any member of the company may withhold his assent.”

On motion of Mr. Clemens, the amendment was laid on the table.

Mr. Clarke of Lawrence moved the following amendment: “provided, however, that the assent of said officers, musicians and privates shall be first obtained, in the manner hereinafter provided in the case of volunteers.”

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

Mr. Smith of Tuscaloosa moved the following amendment: before the words “Confederate States” insert “the provisional government of” On motion of Mr. Clemens, the amendment was laid on the table.

Mr. Williamson offered the following amendment:


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Amend by inserting the word “assent,” where it occurs in the ordinance.

On motion of Mr. Clemens it was laid on the table.

Mr. Posey offered the following amendment: “Should any of the volunteer companies organized by the State of Alabama desire to enter the service of the Confederate Government, the Governor of Alabama may permit any such company or companies who may volunteer to serve in the armies of the Confederate States to enter such service provided such company or companies may not in the opinion of the Governor, be required for the service of Alabama.”

Mr. Wheatley demanded the previous question, which was sustained.

And the question was on the adoption of the ordinance and the yeas and nays were called for. Yeas 64-nays 24.

Yeas-Messrs. President, Allen, Barnes, Beard, Beck, Blue, Bolling, Bragg, Catterlin, Clarke of Marengo, Clemens, Cochran, Coffey, Coleman, Crawford, Crook, Crumpler, Curtis, Daniel, Dargan, Davis of Covington, Davis of Madison, Davis of Pickens, Earnest, Forrester, Foster, Gibbons, Gilchrist, Hawkins, Henderson of Pike, Herndon, Hood, Howard, Inzer, Jemison, Jewett, Kimball, Leonard, Love, McClanahan, McClellan, McPherson, McKinnie, Mitchell, Morgan, Owens, Phillips, Ralls, Rives, Ryan, Sheffield, Shortridge, Slaughter, Smith of Henry, Starke, Stone, Taylor, Timberlake, Watts, Webb, Whatley, Whitlock, Williamson, Wood, Yelverton.

Nays-Messrs. Barclay, Brasher, Clarke of Lawrence, Coman, Creech, Edwards, Ford, Franklin, Gay, Green, Jones of Fayette, Jones of Lauderdale, Johnson, Posey, Potter, Russell, Smith of Tuscaloosa, Steadham, Steele, Watkins, Wilson, Winston.

And the convention went into open session.