THIRTY-THIRD DAY

SATURDAY, MARCH 16, 1861.

The Convention met pursuant to adjournment.

Prayer by Rev. Mr. McDonald.

The Journal was read and approved.

Mr. Dargan moved to suspend the rules to enable him to introduce an ordinance explanatory of the ordinance passed by this convention. The motion was carried and the ordinance referred to the Committee on the Constitution.

Mr. Whatley moved further to suspend the rules, to enable the special committee on re-districting the State to make a report. Carried.

Mr. Cochran, from said Committee, reported that they had had the matter under consideration and recommended the passage of the following ordinance:

“To provide for the election of additional members to Congress from the State of Alabama.”

Mr. Earnest moved to lay the ordinance and report on the table, and the yeas and nays being demanded, the result stood yeas 45-nays 39. The ordinance and report was laid on the table.

Yeas-Messrs. President, Bailey, Barnes, Beck, Blue, Bolling, Bragg, Buford, Clarke of Marengo, Crawford, Creech, Crook, Davis of Covington, Davis of Madison, Davis of Pickens, Dowdell, Earnest, Foster, Gilchrist, Henderson, of Macon, Henderson of Pike, Jewett, Johnson, Love, McClanahan, McClellan, McPherson, Mitchell, Morgan, Phillips, Ralls, Rives, Ryan, Sheffield, Shortridge, Silver, Slaughter, Starke, Stone, Watts, Webb, Whatley, Williamson, Wood, Yelverton-45.

Nays-Messrs. Allen, Baker of Russell, Barclay, Brasher, Bulger, Catterlin, Clarke of Lawrence, Cochran, Coffey, Coman, Curtis, Dargan, Edwards, Ford, Franklin, Gay, Gibbons, Green, Hawkins, Herndon, Hood, Howard, Jones of Lauderdale, Leonard, McKinnie, Owens, Posey, Potter, Russell, Sanford, Sheets, Smith of Henry, Smith of Tuscaloosa, Steadham, Steele, Taylor, Timberlake, Watkins, Whitlock, Winston-39.

Mr. Crook moved to suspend the order to enable him to introduce the following resolution:

Resolved, That in view of the absence of the census of


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the counties in this State, a special committee of nine be appointed, and instructed to re-district the State, laying off nine congressional districts, as compactly as possible.

Mr. Jones of Lauderdale moved to add the resolution, “upon the basis of the representation in the Legislature.”

Mr. Cochran moved to lay on the table. Carried.

The question was then upon adoption of resolution. Adopted.

Mr. Ralls introduced the following resolution:

Resolved, That this convention will adjourn sine die on Tuesday next at 12 M.

Mr. Morgan offered the following as a substitute:

Resolved, That on Wednesday next at 12 o’clock M., this convention will stand adjourned sine die.

Leave of absence was granted to Mr. Crumpler.

Mr. Gilchrist moved to reconsider the vote taken yesterday on Mr. Webb’s amendment, to strike out the word “double,” and also the vote on Mr. Watts’s amendment to insert “one and a half,” in the ordinance to amend certain parts of chapter one of title two of part two of the Code of Alabama.

Mr. Baker of Russell moved to refer to Judiciary Committee. Lost.

The question was upon striking out the word “double,” and the yeas and nays were called. Yeas 39-nays 44.

Yeas-Allen, Baker of Russell, Barclay, Beck, Bragg, Brasher, Catterlin, Clarke of Lawrence, Coffey, Coman, Crawford, Creech, Curtis, Davis of Madison, Edwards, Ford, Foster, Franklin, Gay, Gibbons, Green, Hawkins, Hood, Jones of Lauderdale, Kimball, McClellan, Posey, Potter, Sanford, Sheets, Sheffield, Smith of Tuscaloosa, Steadham, Steele, Timberlake, Watkins, Webb, and Winston.

NAYS-Messrs. President, Baily, Buford, Barnes, Blue, Bolling, Bulger, Clarke of Marengo, Cochran, Crook, Davis of Covington, Davis of Pickens, Dowdell, Earnest, Gilchrist, Henderson of Macon, Henderson of Pike, Howard, Jewett, Johnson, Leonard, Love, McClanahan, McPherson, McKinnie, Mitchell, Morgan, Owens, Phillips, Ralls, Rives, Russell, Ryan, Shortridge, Slaughter, Smith of


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Henry, Starke, Stone, Taylor, Watts, Whatley, Whitlock, Wood and Yelverton.

Mr. Morgan withdrew his amendment which was pending when the convention adjourned yesterday.

Mr. Morgan moved to amend, by adding to section 2:

“but no person not a citizen of this State, and no foreign corporation, shall hereafter engage in the business of banking in the State, nor shall in any way be a stockholder in a bank under the provisions of this law; but nothing herein contained shall affect the rights of any person or association now engaged to the business of banking under the provisions of the law as heretofore existing.”

The amendment was adopted.

The question was upon the adoption of the section, and the yeas and nays were called. Yeas 44-nays 37.

Yeas-Messrs. Allen, Bailey, Barnes, Blue, Bolling, Buford, Clarke or Marengo, Cochran, Crook, Davis of Covington, Davis of Pickens, Dowdell, Earnest, Foster, Gilchrist, Henderson of Macon, Henderson of Pike, Howard, Jewett, Johnson, Leonard, Love, McClanahan, McKinnie, Mitchell, Morgan, Owens, Phillips, Ralls, Rives, Russell, Ryan, Shortridge, Slaughter, Smith of Henry, Starke, Stone, Taylor, Watts, Whatley, Whitlock, Wood and Yelverton.

Nays-Messrs. Baker of Russell, Barclay, Beard, Beck, Bragg, Brasher, Bulger, Catterlin, Clarke of Lawrence, Coffey, Coman, Crawford, Creech, Curtis, Dargan, Davis of Madison, Edwards, Ford, Forrester, Franklin, Gibbons, Green, Hawkins, Hood, Jemison, Jones of Lauderdale, McClellan, Posey, Potter, Sanford, Sheets, Sheffield, Smith of Tuscaloosa, Steadham, Steele, Watkins, and Webb.

Mr. Jemison offered an amendment as an additional section, as follows:

“Sec. 4. And be it further ordained, that the next or any subsequent Legislature may require any free bank now or hereafter organized under this law to retire its circulation, so as to reduce the amount of the same to an amount not to exceed the market value of the bonds deposited with the Comptroller; and the amount so retired shall be returned to and cancelled by the Comptroller.”


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Amendment adopted.

The question was upon the adoption of section 3. Adopted.

Mr. Morgan moved to amend section 4 by striking out the entire section. Carried.

The question was upon adoption of section 5. Upon motion, the entire section was stricken out.

The question recurring now upon the adoption of the ordinance as amended.

Mr. Watkins offered a substitute for the whole ordinance.

The question was upon the adoption of the substitute, and the yeas and nays were called. Yeas 26-nays 54.

Yeas-Messrs. Beard, Bragg, Brasher, Bulger, Clarke of Lawrence, Coffey, Coman, Edwards, Ford, Forrester, Franklin, Gay, Green , Hood, Jones of Lauderdale, Johnson, Kimball, McClellan, Posey, Sanford, Sheets, Sheffield, Steadham, Steele, Watkins and Winston.

Nays-Messrs. President, Bailey, Buford, Baker of Russell, Barclay, Barnes, Beck, Blue, Bolling , Clarke of Marengo, Cochran, Crawford, Creech, Crook, Curtis Davis of Covington, Davis of Pickens, Dowdell, Earnest, Foster, Gibbons, Gilchrist, Henderson of Macon, Henderson of Pike, Howard, Jemison, Jewett, Leonard, Love, McClanahan, Mitchell, McPherson, McKinnie, Morgan, Owens, Phillips, Potter, Ralls, Rives, Russell, Ryan, Shortridge, Slaughter, Smith of Henry, Smith of Tuscaloosa, Starke, Taylor, Watts, Webb, Whatley, Whitlock, Williamson, Wood, Yelverton.

The amendment was lost.

The question was now upon concurring in the report of the committee and adopting the ordinance as amended, and it was adopted.

Mr. Jemison moved a reconsideration of the vote just taken. Lost.

Mr. Morgan offered the following resolution:

Resolved, That this convention will proceed this day at 12 o’clock M. to elect two Deputies to the Congress of the Provisional government of the Confederate States of America, to fill the vacancies occasioned by the resignation of David P. Lewis, and Thomas Fearn. Adopted.

Mr. Davis of Madison introduced an ordinance and


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moved its reference to Committee on Federal Relations without reading. Carried.

Mr. Mitchell presented an account, and asked its reference to the Committee on Public Expenditures, and it was so referred.

Mr. Watkins presented a. petition. Referred to the Committee on the Constitution.

Mr. Cochran from the Committee on the Constitution made the following report:

“The Committee on the Constitution to whom was referred a resolution to enquire into the propriety of so amending the Constitution as to make the veto of the Governor more effective, have considered the same, and instruct me to report that it is inexpedient to make the change suggested.”

M. Morgan made a minority report, which he did-no one objecting-verbally, and offered a substitute.

Mr. Phillips moved to lay the report and substitute on the table. The yeas and nays were called, resulting as follows: yeas 40-nays 35. Laid on the table.

Yeas-Messrs. President, Allen, Baker of Russell, Barnes, Blue, Bolling, Clark of Marengo, Clarke of Lawrence, Coffey, Coman, Crawford, Creech, Curtis, Davis of Pickens, Earnest, Ford, Foster, Franklin, Hood, Howard, Jones of Lauderdale, Johnson, McClanahan, McClellan, McKinnie, Mitchell, Owens, Phillips, Potter, Russell, Sanford, Sheets, Slaughter, Smith of Henry, Smith of Tuscaloosa, Steele, Timberlake, Watkins, Watts, Yelverton.

Nays-Messrs. Buford, Barclay, Beck, Bragg, Brasher Bulger, Catterlin, Crook, Dowdell, Edwards, Forrester, Gay, Gibbons, Gilchrist, Green, Hawkins, Henderson, of Pike, Jewett, Leonard, Love, McPherson, Morgan, Posey, Ralls, Rives, Ryan, Shortridge, Starke, Steadham, Stone, Taylor, Webb, Whatley, Williamson, Wood.

Mr. President informed the convention that he had received a message from a land officer, asking instructions as to paying over money in his hands to the United States government. Referred to the Committee on Public Lands.


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ELECTION OF DEPUTIES TO FILL VACANCIES.

Mr. Posey put in nomination the Hon. Henry C. Jones for the 5th district.

The 1st ballot resulted as follows:

H. C. Jones....................................................67

Sheets..............................................................1

W.Garth......................................................... 4

Posey..............................................................1

Pryor...............................................................1

Mr. Jones having received a majority of the whole votes cast, was declared duly elected to the Congress of the Confederate States from the 5th District.

Mr. Ralls nominated Nicholas Davis for the 6th district.

Mr. Forrester nominated W. H. Edwards.

Mr. Timberlake nominated W. A. Austin, of Jackson.

Mr. Shortridge nominated A. C. Beard.

The following is the result of the 1st ballot.

Davis............................................................51

Edwards.......................................................10

Austin............................................................7

Beard............................................................11

Winston......................................................... 1

Blank............................................................  1

Humphries....................................................  2

Mr. Davis having received a majority of the whole number of votes cast, was declared duly elected for the sixth Congressional district.

SPECIAL ORDERS.

Mr. Phillips moved to suspend special orders to enable the committees to make their reports. Carried.

Mr. Cochran, from the Committee on the Constitution, made the following report:

“The Committee on the Constitution, to which was referred the memorial from the members of the bar at Florence, asking the establishment of a term of the Supreme Court, to be held in Huntsville, together with an ordinance providing for the same, have considered the subject, and instruct me to report that it was inexpedient to legislate upon the same.”


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Mr. Jones of Lauderdale, from the same committee, made the following minority report:

“The undersigned, a minority of the Committee on the Constitution, to whom was referred a memorial and ordinance to change the fourth section of the fifth article of the Constitution of Alabama, so as to authorize the holding of a term of the Supreme Court at Huntsville, in North Alabama, begs leave to offer the following proviso (as a substitute for the report of the committee) as an amendment to the fourth section of the fifth article of the constitution, and recommend its passage (to come in at the close of the fourth section of the fifth article of the Constitution of Alabama):

“Provided, That the General Assembly may by law direct that a term of the Supreme Court may be held annually at Huntsville, in the county of Madison, to hear causes; but final judgments and decrees shall only be rendered at the seat of government.”

The question was upon substituting the minority for the majority report; and the yeas and nays were called, resulting-yeas 28, nays 52.

The substitute was rejected.

Yeas-Messrs. Allen, Baker of Russell, Barclay, Beard, Bulger, Coffey, Coman, Earnest, Edwards, Ford, Forrester, Franklin, Hood, Jemison, Jones of Lauderdale, Johnson, Kimball, McClellan, Posey, Potter, Russell, Sheets, Sheffield, Shortridge, Slaughter, Steadham, Steele, Watkins-28.

Nays-Messrs. President, Bailey, Buford, Barnes, Beck, Blue, Bolling, Bragg, Brasher, Catterlin, Clark of Lawrence, Cochran, Crawford, Creech, Curtis, Dargan, Davis of Covington, Davis of Pickens, Dowdell, Foster, Gay, Gibbons, Gilchrist, Hawkins, Henderson of, Mason, Henderson of Pike, Howard, Jewett, Leonard, Love, McClanahan, McPherson, McKinnie, Mitchell, Morgan, Owens, Phillips, Rives, Ryan, Sanford, Smith of Henry, Smith of Tuscaloosa, Starke, Stone, Taylor, Watts, Webb, Whatley, Whitlock, Williamson, Wood, Yelverton-52.

The question was next upon concurring in the report of the majority of the committee, and the report was concurred in.

Mr. President announced delegates to the Atlanta Con-


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vention, under a resolution of the convention under a resolution heretofore adopted, as follows:

Messrs. Jemison, Daniel Pratt, L. C. Allen, Buford, Shortridge, Dowdell, Benj. H. Micou.

Mr. Beck, from the Committee on the Constitution, made the following report:

“The Committee on the Constitution to which was referred an ordinance to prohibit the Legislature from creating a debt, without in the same act providing for the means for its liquidation, have had the same under consideration and have instructed me to report that it is inexpedient to pass said ordinance.”

Mr. Cochran moved to substitute the report for the ordinance which is the subject of the report, entitled “An ordinance to restrict the Legislature in reference to the creation of debts,” and a recommendation that it be adopted.

The question was upon the adoption of the substitute for the report of the committee.

The hour of 2 P. M. having arrived, the President declared the convention adjourned until 4 o’clock, under the rules.

CCCC

EVENING SESSION.

Mr. Ralls asked and obtained leave of absence for Mr. Rives.

Consideration of the ordinance to restrict the Legislature in reference to the creation of debts resumed.

The question was upon the adoption of Mr. Cochran’s substitute.

Mr. Potter moved to lay the substitute on the table, and the yeas and nays were called for. Yeas 34-nays 44.

Yeas-Messrs .President, Bailey, Baker of Russell, Barnes, Beard, Beck, Bolling, Buford, Clarke of Marengo, Clarke of Lawrence, Crawford, Curtis, Dargan, Davis of Pickens, Earnest, Ford, Foster, Franklin, Gibbons, Green, Henderson of Macon, Henderson of Pike, Johnson, Kimball, Mitchell, Owens, Potter, Slaughter, Smith of Henry, Watkins, Watts, Webb, Whatley, Winston-34.


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Nays-Messrs. Barclay, Blue, Bragg, Brasher, Bulger, Catterlin, Coffey, Coman, Creech, Crook, Davis of Covington, Davis of Madison, Dowdell, Edwards, Forrester, Gay, Hood, Howard, Jewett, Jones of Lauderdale, Leonard, Love, McClanahan, McClellan, McKinnie, Morgan, Posey, Ralls, Russell, Ryan, Sanford, Sheets, Sheffield, Shortridge, Smith of Tuscaloosa, Starke, Steadham, Steele, Taylor, Timberlake, Whitlock, Wood, Yelverton-44.

The question was now on the adoption of the ordinance as amended.

Mr. Earnest moved to amend by adding the following:

“Provided, That this ordinance shall not take effect until ratified by a majority of the votes of the people at the August election, 1861.

Mr. Morgan moved to lay the amendment on the table and the yeas and nays were called, resulting-yeas 46, nays, 33. Laid on the table.

Yeas-Messrs. President, Barclay, Beck, Blue, Bragg, Cochran, Coman, Crawford, Creech, Curtis, Dargan, Davis of Covington, Davis of Madison, Davis of Pickens, Dowdell, Forrester, Foster, Gibbons, Green, Hood, Howard, Jewett, Jones of Lauderdale, Leonard, Love, McClanahan, McClellan, McKinnie, Mitchell, Morgan, Posey, Russell, Ryan, Shortridge, Smith of Henry, Smith of Tuscaloosa, Starke, Steadham, Steele, Taylor, Watkins, Webb, Whitlock, Wood, Yelverton-46.

Nays-Messrs. Bailey, Buford, Baker of Russell, Barnes, Beard, Bolling, Brasher, Bulger, Catterlin, Clarke of Marengo, Clarke of Lawrence, Coffey, Crook, Earnest, Edwards, Ford, Franklin, Henderson of Macon, Henderson of Pike, Jemison, Johnson, Kimball, Owens, Potter, Ralls, Sanford, Sheets, Sheffield, Slaughter, Timberlake, Watts, Whatley, Winston-33.

Mr .Webb moved to lay the whole subject on the table.

The convention refused to lay the whole subject on the table.

Mr. Jemison moved to amend by inserting “unless there shall be two thirds of both branches of the Legislature in favor of the creation of such debts.”

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


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A motion was made to suspend the rules to adjourn at 7 o’clock p.m. Lost.

Mr. Johnson moved to amend by adding: Provided the payment of any debt contracted by the Legislature shall not result in taxation. Ruled not in order.

Mr. Watts moved to postpone the further consideration until 10 2 o'clock Monday morning.

Mr. Dowdell moved to adjourn. Carried; and the convention adjourned at five minutes before 7 p.m.