TWENTY-NINTH DAY

CCCC

OPEN SESSION.

MONTGOMERY, Tuesday, March 12, 1861.

The convention met pursuant to adjournment.

Prayer by Rev. Dr. Petrie.

Journal read and approved.


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CALL OF THE COUNTIES.

Mr. Cochran offered the following resolution, which was unanimously adopted:

Resolved, That the election of Jefferson Davis, President, and Alexander H. Stephens, Vice President, of the Provisional Government of the Confederate States, meets with the approval of this convention, and the same is hereby fully ratified by the people of Alabama.

Mr. Cochran introduced an ordinance to provide for the sale of provisions belonging to this State, which was referred to the Military Committee.

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

Resolved, That the Committee on the Judiciary and Internal Affairs, be instructed to enquire into and report such amendments as may in their opinion be requisite to conform Chapter 1 of Title 2 of the Code of Alabama to the existing state of affairs.

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

Resolved, That the Committee on the Constitution be instructed to enquire into the expediency of so amending its provisions in relation to the Executive veto, as to make such veto more effective.

Mr. Bailey introduced the following resolution, which was referred to the Committee on Public Expenditures:

Resolved, That Frank L. Smith, Assistant Secretary of this convention, be allowed $4 per diem, during the recent recess of this convention, for services rendered under instructions from said body.

Mr. Jemison offered the following, which was adopted:

Resolved, That the President of this convention appoint a committee of five, to attend and represent the State of Alabama in the convention about to assemble at Atlanta, Ga., to promise direct trade and domestic manufactures in the Confederate States of America.

Mr. Yelverton introduced an ordinance in relation to the Elba land district, which was referred to the Committee on Public Lands.

Mr. Yelverton moved to suspend the call of committees, to enable him to withdraw an ordinance in relation to adjourning the Spring terms of the Chancery and Cir-


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cuit Courts of this State, which he introduced on the 9th of March, Carried, and the ordinance was withdrawn.

Mr. Webb asked leave of absence for Mr. Coleman. Granted.

Mr. Humphries asked leave of absence for Mr. Ketchum. Granted.

CALL OF COMMITTEES.

Mr. Clemens, from Military Committee, reported amendments, and as amended, recommended the passage of the ordinance to give efficiency to the ordinance of 19th January, 1861, “To provide for the military defence of the State of Alabama.” The report of the committee was concurred in, and the ordinance as amended by the committee was adopted.

Mr. Bragg from Committee on Imposts and Duties, reported “an ordinance to confer upon the Government of the Confederate States of America, jurisdiction over the Custom-house and Marine Hospital at Mobile, and certain lighthouses, lights and buoys in Mobile bay, and for other purposes.” Report concurred in, and ordinance adopted.

Mr. Bragg, from same committee, reported “an ordinance to transfer to the Government of the Confederate States of America the money in the hands of the Collector at the Port of Mobile.” Report concurred in, and the ordinance adopted.

Mr. Dowdell, chairman of committee on Public Expenditures, made the following report:

The committee on Public Expenditures to whom was referred the communication from the Auburn Guards asking payment of a debt contracted for knapsacks for the use of said company, having had the same under consideration, report that it is in the power of the executive to grant the relief asked. Your committee asks to be discharged from further consideration of the subject.

The report was concurred in, and the committee discharged.

Mr. Whatley, chairman of a special committee, raised under his resolution on Monday, to enquire into the expediency of altering and amending the contract with Mr.


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Smith, previously entered into, for printing the Journals with debates, reported as follows:

The special committee on publishing the Journals have had the subject under consideration and instructed me to make the following report: The plan heretofore adopted by the convention to publish the Journals in connection with the debates upon the various questions pending before the convention, would render the Journals very voluminous, and much more expensive to the State, than was supposed by the committee on printing when the report on printing the Journals was adopted. Moreover, this committee is satisfied that the number of the Journals proposed to be taken by the report heretofore adopted is much larger than necessary. The amount proposed to be taken is equal to the usual amount of the House and Senate Journals. The two Houses usually take 800 copies, each, of their respective Journals, which would be 1600 copies proposed to be taken by this convention under the report heretofore adopted.

Besides, your committee are satisfied that the cost of publishing the Journals on the terms proposed would largely exceed their cost in the ordinary mode, and would cost the State not less than five thousand dollars.

The usual number of the Journals printed for the House of Representatives is 800 copies and the cost to the State for the same is about ($1600) sixteen hundred dollars.

Mr. Wm. R. Smith, a member of our body, proposes to publish a book, to be bound in good style containing a sketch of the debates before the convention on the more important questions which were discussed, and for that purpose desires certified copies of portions of the Journal. The book in addition, will contain the reports and speeches by commissioners to and from this State. In order that Mr. Smith may carry out his object, your committee recommend that he be furnished by the Secretary with such papers and parts of the Journals as he desires.

Your committee recommend that the convention require the Journals to be printed in the ordinary mode, and that the Convention order 400 copies to be printed instead of 800, and in lieu of the other 400 copies of the


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Journals that the Convention purchase of Mr. Smith 300 copies of his debate, one copy for each member of the Convention, and the residue for the State.

The committee recommends the adoption of the following resolution, instead of the report on printing heretofore adopted:

Resolved, That the State Printers furnish the convention with 400 copies of the Journals of the convention, to be printed in the usual mode published for the House of Representatives, and that the convention purchase of Mr. W. R. Smith 300 copies of his debates, when published, to be paid for when delivered to the Secretary of State, and not to cost exceeding $5 per copy.

The report was concurred in, and the resolution adopted.

Mr. Clarke of Marengo, offered “an ordinance to prevent suits in the Courts of Alabama in certain contingencies,” which was referred to the Committee on the Judiciary.

Mr. Morgan offered the following amendments to the Constitution, which, on motion, were referred to the Committee on the Constitution.

Amend the amendment to the Constitution-12th Section of the 5th Article-by adding thereto: “But no judge of any inferior court shall exercise the duties of judge of any other inferior court after the first Monday in March, 1862.”

Mr. Humphries introduced “An ordinance to repeal the act of the General Assembly of the State of Alabama, entitled ‘an act to regulate Judicial Proceedings, and for other purposes,’ approved February__, 1861,” which was referred to the Committee on the Judiciary.

Mr. Jewett, from the Special Committee on Public Lands, reported an ordinance in relation to the waste and unappropriated lands in the State of Alabama, which was referred to the Committee on Printing with instructions to print 200 copies, and the ordinance was made the special order for Thursday at 12 m.

Mr. Clarke, of Lawrence, offered the following resolutions:

1. Resolved, That the political power in all free governments is inherent in the people, and that any attempt


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to infringe this great principle is dangerous in policy and directly subversive of civil liberty.

2. Resolved That the right of every people to frame the system of government under which they are to live, is a fundamental doctrine in all free governments and should not be questioned or impaired.

3. Resolved, that the acknowledgment of these established principles, the spirit and genius of American institutions and the well ascertained precedents of republican usage imperatively demand that the “Constitution of the Confederate States of America” shall be submitted to the people of this State for their ratification or rejection.

Mr. Davis, of Madison, moved to lay the resolutions on the table, and the yeas and nays were called. Yeas 57-nays 29.

Yeas‑Messrs. President, Baily, Barnes, Beck, Blue, Bolling, Bragg, Catterlin, Clarke of Marengo, Clemens, Cochran, Coffey, Crawford, Creech, Crook, Crumpler, Curtis, Daniel, Dargan, Davis of Covington, Davis of Madison, Davis of Pickens, Dowdell, Earnest, Foster, Gibbons, Gilchrist, Hawkins, Henderson of Macon, Henderson of Pike, Herndon, Humphries, Jemison, Jewett, Leonard, Love, McClanahan, McPherson, McKinnie, Mitchell, Morgan, Owens, Phillips, Ralls, Rives, Ryan, Shortridge, Silver, Smith of Henry, Starke, Stone, Taylor, Watts, Webb, Whatley, Williamson, Yelverton-57.

NAYS-Messrs. Barclay, Brasher, Bulger, Coman, Edwards, Ford, Franklin, Gay, Green, Inzer, Jones of Fayette, Jones of Lauderdale, Johnson, Kimball, McClellan, Posey, Russell, Sanford, Sheets, Sheffield, Slaughter, Smith of Tuscaloosa, Steadham, Steele, Timberlake, Watkins, Whitlock, Wilson.

The motion was carried.

Mr. Clarke of Lawrence excused himself from voting, on the ground that he had agreed to pair off with Mr. Coleman, who was absent.

Mr. Davis of Madison offered “an ordinance to regulate the staff of the Major General appointed under the ordinance of the 19th January, 1861.” Adopted.

Mr. Clemens, Chairman of Military Committee, reported a substitute for the ordinance referred to said


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Committee, entitled, “An ordinance to provide for the sale of provisions belonging to this State, and for other purposes.” Adopted.

Mr. Cochran moved to postpone the special order, to offer the constitutional amendment in relation to granting divorces. Carried.

On motion of Mr. Morgan, the Convention adjourned until 3 2 o’clock P. M.

TUESDAY EVENING-3 2 O’CLOCK.

Mr. Posey offered the following resolution:

“Resolved, That the Committee on the Constitution be instructed to inquire into the expediency of so amending the fourth section, fifth article, of the Constitution, as shall require one term of the Supreme Court to be held annually, at Huntsville, or some other place in North Alabama.”

Mr. Posey also presented a memorial from a number of attorneys in North Alabama on the same subject, and his motion, the resolution, and memorial, were referred to the Committee on the Constitution.

Mr. President laid before the Convention, the following communication:

CONVENTION OF THE CONFEDERATE STATES OF AMERICA

Montgomery, Alabama, March 12, 1861.

HON. Wm. M. BROOKS, Montgomery, Ala.:

Sir-I herewith transmit to you a certified copy of the Constitution of the Confederate States of America, as it was finally adopted by the unanimous vote of the convention, to be placed before the State Convention over which you preside, for its approval and ratification.

It will be seen that the Convention here have conformed to the general wish of the people of these States, in adopting a constitution upon the general principles of the Constitution of the United States. The departures from the provisions of that instrument have been suggested by the experience of the past, and are intended to guard against the evils and dangers which led to the dissolution of the late Union. This Constitution is now


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submitted, with confidence, to the State Conventions, for their action.

Respectfully,

HOWELL COBB,

President of Convention C. S. A.

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

“Resolved, That two hundred copies of the Constitution of the Confederate States of America be printed for the use of this convention.”

Mr. Watts offered “an ordinance to ratify and adopt the Constitution of the Confederate States of America.”

On motion of Mr. Cochran, the convention went into committee of the whole, for the purpose of considering the constitution and the ordinance; and Mr. Webb was called to the chair.

The committee, after being in session some time, rose and reported the ordinance offered by Mr. Watts, to ratify and adopt the Constitution of the Confederate States of America, and recommended its passage.

Mr. Jemison moved to amend as follows:

“Strike out all after the, word ‘hereby,’ and insert the following: ‘Be referred to a convention of the people of the State, the members of which shall be elected by the qualified electors for members of the General Assembly, at such time and place as this convention may hereafter prescribe.’

Mr. Jones of Lauderdale moved to adjourn. Carried.