THIRTY-SECOND DAY

CB

FRIDAY, March 15, 1861.

The convention met pursuant to adjournment.

Prayer by the Rev. E. Hearn, of the M. E. Church, South.

Mr. Clarke of Lawrence asked and obtained leave of absence for his colleague, Mr. Lewis.

Mr. Slaughter asked and obtained leave of absence for Mr. Inzer.

Mr. Blue called up his resolution providing for afternoon sessions of the convention. Adopted.

“Resolved, That when this convention adjourn at 2 o’clock of each day, it adjourn to meet at 4 o’clock of the same day, and that the regular hour of adjournment be 7 o’clock P. M. or, until otherwise ordered.”

Mr. Clarke of Marengo introduced a resolution instructing the Judiciary Committee to report, if they deem it expedient, an ordinance to authorize the Courts of County Commissioners throughout the State to levy a tax upon slaves, the property of persons who are non-residents of any of the Confederate States, for the purpose of organizing and keeping up an efficient police. Adopted.

Mr. Cochran, from the Committee on the Constitution, reported back, with an amendment, an ordinance for the benefit of the Second Regiment of Alabama Volunteers.

The amendment strikes out the second section, which charters the regiment. Amendment laid on the table.

Mr. Cochran moved an amendment empowering the Legislature to amend or repeal this ordinance.

Mr. Buford moved to amend by inserting between the Words “section” and “of” the words “or any part thereof.”

Mr. Cochran accepted the amendment.

Mr. Bulger moved the following as a substitute:

“Provided, That the foregoing ordinance may at any time be altered, amended, or repealed, by the Legislature, of the State.”

Mr. Cochran accepted.


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The question was now upon incorporating the substitute into the ordinance, and it was carried.

The question was now upon the adoption of the ordinance, and a. division was called for.

The question was then on the adoption of the first section, and it was adopted.

The question was then upon the second section, and the yeas and nays were called for, resulting as follows:

Yeas 28-nays 59; and it was rejected.

Yeas-Messrs. Barnes, Beck, Blue, Buford, Clarke of Marengo, Clarke of Lawrence, Cochran, Davis of Pickens, Dowdell, Earnest, Foster, Henderson of Macon, Henderson of Pike, Howard, Jemison, Jewett, Leonard, McClanahan, McKinney, Mitchell, Owens, Rives, Ryan, Smith of Henry, Stone, Watkins, Watts, Yelverton-28.

Nays-Messrs. President, Allen, Bailey, Barclay, Beard, Bolling, Bragg, Brasher, Bulger, Catterlin, Coffey, Coman, Crawford, Creech, Crook, Crumpler, Curtis, Dargan, Davis of Covington, Davis of Madison, Edwards, Ford, Forrester, Franklin, Gay, Gibbons, Gilchrist, Hawkins, Herndon, Hood, Jones of Lauderdale, Johnson, Kimball, Love, McClellan, McPherson, Morgan, Phillips, Posey, Potter, Ralls, Russell, Sanford, Sheets, Sheffield, Shortridge, Slaughter, Smith of Tuscaloosa, Starke, Steadham, Steele, Taylor, Timberlake, Webb, Whatley, Whitlock, Williamson, Winston and Wood-59.

The question was now upon the third section, and it was adopted.

The question was then upon the adoption of the fourth section, and it was disagreed to and rejected.

The question was then upon the proviso offered by Mr. Cochran by way of amendment, and it was adopted.

Upon motion of Mr. Cochran, the caption of the ordinance was amended by adding thereto the words, “and for other purposes;” and then the ordinance, as amended, was adopted.

CALL OF COMMITTEES.

Mr. Potter, from the Military Committee, reported an ordinance looking to the establishment of an armory in this State.


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They reported it inexpedient to establish for the State, but in favor of obtaining information to lay before the Congress of the Confederate States. Lost.

Mr. Watts, from the Judiciary Committee, made the following report:

“The Committee on the Judiciary and Internal Affairs, to whom was referred an ordinance to repeal the act of the General Assembly of the State, entitled, ‘An act to regulate judicial proceedings, and for other purposes,’ approved February, 1861, have had the same under consideration, and have instructed me to report that it would be inexpedient to adopt said ordinance.

“To the Legislative Department of the Government of Alabama, by the Constitution of the State, properly belong all mere matters of legislation, and this convention, called for the purpose of making such changes in our fundamental law touching the relations of the State with others and with foreign powers, ought not to exercise functions which can be as appropriately and as efficiently performed by the General Assembly, unless extraordinary circumstances demand it.

“The enactment sought to be repealed was deliberately passed by the General Assembly, after this convention commenced its session; and whilst the committee are unanimously opposed to the provisions of said act, they think it unwise now to disturb its operation by the action of this convention.”

The report was concurred in.

Mr. Earnest., from the Committee of Enrollment, reported the following:

“The Committee on Enrollment, to whom were referred the ordinances entitled,

“An ordinance in relation to the Second Volunteer Regiment of Alabama, and for other purposes;

“An ordinance in reference to the construction of all changes made in the Constitution of the State;

“To confer jurisdiction over the forts and arsenals in the State of Alabama.;

“To provide for the sale of the provisions belonging to this State;

“To adopt the Constitution of the Confederate States;


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“To regulate the staff of the Major-General appointed under the ordinance of 19th January, 1861;

“Have had the same under consideration, and report them to be correctly enrolled.”

Mr. Watts, from the Committee on Judiciary and Internal Affairs, reported the following:

“The Committee on the Judiciary and Internal Affairs, to whom was referred an ordinance to prevent suits in the courts of Alabama on certain contingencies, have had the same under consideration, and have instructed me to report the ordinance herewith enclosed as a substitute, and recommend its adoption.”

The ordinance reported by the committee as a substitute is an ordinance entitled “an ordinance to prevent suits in the courts of Alabama in certain contingencies.”

The question upon concurring in the report and upon the adoption of the substitute, and it was concurred in, and the substitute adopted.

The question was now upon the adoption of the ordinance, as amended by the substitute of the committee.

Mr. Dargan moved to amend as follows:

Strike out all after the word “or” in the 4th line, to the word “the,” in the 11th line, where it first occurs in said line.

Mr. Baker, of Russell, moved to lay the whole subject on the table; and the yeas and nays were called, resulting as follows: Yeas 52-nays 15, and the whole subject was laid on the table.

Yeas-Messrs. President, Allen, Baily, Baker of Russell, Barclay, Barnes, Beard, Beck, Blue, Bragg Bulger, Clarke of Lawrence, Coffey, Crawford, Crook, Curtis, Dargan, Davis of Covington, Davis of Madison, Ford, Forrester, Franklin, Gay, Gilchrist, Green, Hawkins, Hood, Jemison, Jones of Lauderdale, Love, McClanahan, McClellan, MePherson, Morgan, Phillips, Posey, Potter, Ralls, Russell, Sanford, Sheets, Slaughter, Smith of Tuscaloosa, Starke, Steadham, Steele, Taylor, Timberlake, Watkins, Williamson, Winston, Wood-52.

Nays-Messrs. Buford, Catterlin, Clarke of Marengo, Cochran, Davis of Pickens, Foster, Gibbons; Howard, Jewett, Johnson, Rives, Ryan, Shortridge, Stone, Watts, Webb, Whatley-15.


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Mr. Morgan from the Judiciary Committee, to whom was referred an enquiry into the amendment necessary to make chapter 1, title 2 of part 2 of the code of Alabama conform to the existing State of affairs in Alabama, stated that the committee had instructed him to report this accompanying ordinance, “to amend certain parts of chapter 1 of title 2 of part 2 of the Code of Alabama to place the holders of stock of the Confederate States of America and of the State of Alabama, on an equal footing with the United States stock,” and recommended its adoption.

The question was upon the adoption of the ordinance, and a division of the question was called for.

The question was then upon the adoption of the first section, and it was adopted.

The question was then upon the adoption of the second section.

Mr. Morgan moved to amend by adding between the words, “the” and” value,” in the eighth line on second page, the words “market, but not to exceed double the amount of the par value,” and by striking out in the ninth line the words “upon their face.” Adopted.

Mr. Morgan moved further to amend by changing the verbiage after the word “an,” in the fifteenth line, so that the balance of the sentence shall read as follows:

“amount of the stock of the Confederate States, or of the State of Alabama, equal in value to the amount of stocks of the United States of America so withdrawn.” Adopted.

Mr. Webb moved to amend by striking out the word “double” wherever it occurs in the section.

The question being upon the adoption of the amendment the yeas and nays were called, resulting as follows: yeas 49-nays 3. Adopted.

Yeas-Messrs. Baker of Russell, Barclay, Beard, Bragg, Brasher, Bulger, Catterlin, Coffey, Coman, Crawford, Creech, Curtis, Dargan, Davis of Madison, Edwards, Ford, Forrester, Foster, Franklin, Gay, Gibbons, Gilchrist, Green, Hawkins, Henderson of Pike, Hood, Jemison Jones of Lauderdale, Kimball, Leonard, McClellan, Posey, Potter, Sanford, Sheets, Sheffield, Slaughter, Smith of Tuscaloosa, Steadham, Steele, Taylor, Timberlake,


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Watkins, Webb, Whatley, Whitlock, Williamson, Winston, Yelverton-49.

Nays-Messrs. President, Allen, Baily, Barnes, Blue, Bolling, Buford, Clarke of Marengo, Cochran, Crook, Davis of Covington, Davis of Pickens, Dowdell, Henderson of Macon, Johnson, Love, McClanahan, McPherson, Mitchell, Morgan, Owens, Phillips, Ralls, Rives, Russell, Ryan, Shortridge, Smith of Henry, Starke, Stone, Watts, Wood-33.

Mr. Watts moved to amend by inserting the words “one and a half” in place of the word “double” just now stricken out.

The question was upon the adoption of the amendment, and the yeas and nays were called resulting as follows: yeas 38-nays 44. Lost.

Yeas-Messrs. President, Allen, Barnes, Blue, Bolling Buford, Clarke of Marengo, Cochran, Crook, Davis of Covington, Davis of Pickens, Dowdell, Earnest, Ford, Foster, Henderson of Macon, Henderson of Pike, Howard, Jewett, Johnson, Love. McClanahan, McPherson, Mitchell, Morgan, Phillips, Ralls, Rives, Russell, Ryan, Shortridge, Smith of Henry, Starke, Stone, Watts, Winston, Wood, Yelverton-38.

Nays-Messrs. Baker of Russell, Barclay, Beard, Beck, Bragg, Bulger, Catterlin, Coffey, Coman, Crawford, Creech, Crumpler, Curtis, Dargan, Davis of Madison, Edwards, Forrester, Franklin, Gibbons, Gilchrist, Green, Hawkins, Hood, Jemison, Jones of Lauderdale, Kimball, Leonard, McClellan, Posey, Potter, Sanford, Sheets, Sheffield, Slaughter, Smith of Tuscaloosa, Steadham, Steele, Taylor, Timberlake, Watkins, Webb, Whatley, Whitlock, Williamson-44.

Mr. Bulger moved to suspend the rule to adjourn at 7 to enable the Convention to proceed with the business before it. Lost.

Mr, Morgan moved to amend by striking out all after the word “and,” in the 9th line on the 2d page, where it occurs at the beginning of the sentence.

The hour of 7 having arrived, the President announced the Convention adjourned.


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