THIRTY-FOURTH DAY

CCCB

MONDAY, March 18, 1861.

The Convention met pursuant to adjournment.

Prayer by Rev. Mr. E. J. Harrell.

Mr. Earnest from the committee on enrollment made the following report:

“The committee on enrollment, to whom was referred an ordinance to amend certain parts of chapter one, title two, of part two, of the Code of Alabama, have examined the same, and instructed me to report the same correctly enrolled.”

Mr. Cochran moved to suspend all orders and rules, to enable the convention to take up the subject of the report and substitute in relation to restricting the Legislature in regard to creating debts, &c. Carried.

Mr. Cochran then asked leave to withdraw his substitute, pending when the convention adjourned on Saturday evening. Granted.

Mr. Cochran then offered a substitute for the report of the committee.

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

Mr. Jemison moved to reconsider the vote taken on Saturday upon the resolution to adjourn sine die on Wednesday, 12 m. Lies over under the rules until to-morrow.

Mr. Johnson moved to reconsider the vote taken on Saturday, on Mr. Crook’s resolution, to re-district the State.

Mr. Jemison moved to postpone action upon it until 4 o’clock, p. m. Postponed.

Mr. Bulger moved to postpone consideration of Mr.


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Johnson’s motion to reconsider the vote on adjournment until 11 o’clock Wednesday. Lost.

Mr. Johnson moved to postpone consideration until tomorrow at 12. Lost.

The question was upon the motion to reconsider, as made by Mr. Johnson.

Mr. Morgan moved to suspend all business before the convention, and that the convention go into Committee of the Whole upon the constitution. Withdrawn.

The President decided that Mr. Johnson=s motion to reconsider could not be acted on, unless the business before the convention be suspended.

Mr. Jemison moved a substitute for Mr. Cochran=s substitute. Ruled out of order.

Mr. Jemison then changed his motion so as to strike out all after the enacting clause, and insert as follows:

The General Assembly shall create no debt or liability, nor appropriate money from the treasury, except by a vote of two-thirds of each House, taken by yeas and nays, unless it be estimated for by the Comptroller of Public Accounts, and asked for by the Governor; or for the purpose of paying its own expenses or contingencies; or for the payment of claims against the State.

Mr. Cochran moved to lay Mr. Jemison=s motion on the table. Yeas and nays called. Yeas 41-

nays 33. Laid on the table.

Yeas-Messrs. Baker of Russell, Barnes, Beck, Blue, Bragg, Bulger, Catterlin, Cochran, Coman, Creech, Crook, Crumpler, Curtis, Dargan, Davis of Madison, Dowdell, Forrester, Gay, Gibbons, Gilchrist, Hood, Howard, Jewett, Jones of Lauderdale, Leonard, Love, Morgan, Posey, Ryan, Sanford, Sheets, Smith of Henry, Starke, Steadham, Steele, Stone, Taylor, Timberlake, Watkins, Wood and Yelverton.

Nays-Messrs. President, Allen, Bailey, Buford, Beard, Bolling, Brasher, Clarke of Marengo, Clarke of Lawrence, Crawford, Davis of Pickens, Earnest, Edwards, Foster, Green, Henderson of Macon, Herndon, Jemison, McClanahan, McKinnie, Owens, Potter, Ralls, Rives, Russell, Ryan, Sheffield, Shortridge, Slaughter, Smith of Tuscaloosa, Watts, Webb, Whatley, and Winston.

Mr. Clarke of Marengo moved to lay the whole sub-


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ject on the table. The yeas and nays were called, resulting as follows: yeas 30-nays 49.

Convention refused to lay the whole subject on the table.

Yeas-Messrs. Bailey, Buford, Baker of Russell, Beard, Beck, Bolling, Catterlin, Clarke of Marengo, Clarke of Lawrence, Crawford, Curtis, Davis of Pickens, Earnest, Foster, Henderson of Macon, Herndon, Jemison, Johnson, Owens, Potter, Ralls, Rives, Ryan, Sheffield, Slaughter, Timberlake, Watts, Webb, Whatley, and Winston.

Nays-Messrs. President., Allen, Barclay, Barnes, Blue, Bragg, Brasher, Bulger, Cochran, Coffey, Coman, Creech, Crook, Crumpler, Dargan, Davis of Covington, Davis of Madison, Dowdell, Edwards, Forrester, Gay, Gibbons, Gilchrist, Green, Hood, Howard, Jewett, Jones of Lauderdale, Leonard, Love, McC1anahan, McKinney, Morgan, Posey, Russell,  Sanford, Sheets, Shortridge, Smith of Henry, Starke, Steadham Steele, Stone, Taylor, Watkins, Whitlock, Williamson, Wood and Yelverton.

Mr. Jemison moved to amend by striking out the words “the members of,” between the words “of” and “each” in the sixth line.

Mr. Dowdell moved to lay the amendment on the table.

Yeas and nays were called. Yeas 52-nays 22. Laid on the table.

Yeas-Messrs. President, Buford, Baker of Russell, Barclay, Barnes, Blue, Bragg, Brasher, Bulger, Catterlin, Cochran, Coffey, Coman, Creech, Crook, Crumpler, Curtis, Davis of Covington, Davis of Madison, Dowdell, Edwards, Forrester, Gay, Gibbons, Gilchrist, Green, Hood, Howard, Jewett, Jones of Lauderdale, Leonard, McKinnie, Morgan, Mitchell, Posey, Ralls, Russell, Ryan, Sanford, Sheets ,Shortridge, Smith of Henry, Starke, Steadham, Stone, Taylor, Watkins, Webb, Whitlock, Williamson, Wood and Yelverton.

Nays-Messrs. Allen, Bailey, Beard, Bolling, Clarke of Lawrence, Crawford, Dargan, Earnest, Foster, Henderson of Macon, Herndon, Jemison, Johnson, McClanahan, Owens, Potter, Rives, Slaughter, Smith of Tuscaloosa, Watts, Whatley, Winston.

Mr. Watts moved to amend by adding the following proviso:


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Provided, That this ordinance shall not be operative as a part of the Constitution of the State; unless at the next general election a majority of the voting shall approve the same.

Mr. Webb moved to lay Mr. Watts’s amendment on the table.

Mr. Whatley moved to postpone the consideration of the subject until to-morrow at l1 a.m. The yeas and nays were called for and resulted, yeas 17-nays 60. Motion lost.

Yeas-Messrs. Baker of Russell, Board, Clarke of Lawrence, Crawford, Dargan, Davis of Pickens, Earnest, Jemison, Johnson, Mitchell, Rives, Ryan, Sheffield, Slaughter, Smith of Tuscaloosa, Whatley, Winston.

Nays-Messrs. President, Allen, Buford, Barclay, Barnes, Beck, Blue, Bolling, Bragg, Brasher, Bulger, Catterlin, Clarke of Marengo, Cochran, Coffey, Coman, Creech, Crook, Crumpler, Curtis, Davis of Madison, Dowdell, Edwards, Foster, Gay, Gibbons, Gilchrist, Green, Henderson of Macon, Herndon, Hood. Howard, Jewett, Jones of Lauderdale, Leonard, Love, McClanahan, McKinnie, Morgan, Owens, Posey, Potter, Ralls, Russell, Sanford, Sheets, Shortridge, Smith of Henry, Starke, Steadham, Stone, Taylor, Timberlake, Watkins, Watts, Webb, Whitlock, Williamson, Wood, Yelverton.

The question was now upon laying Mr Watts amendment on the table; yeas and nays were called for. Yeas 44-nays 34. Laid on the table.

Yeas-Messrs. President, Baily, Barclay, Barnes, Beck, Blue, Bragg, Bulger, Clarke of Marengo, Cochran, Coman, Creech, Crumpler, Curtis, Dargan, Davis of Covington, Davis of Madison, Dowdell, Forrester, Gay, Gibbons, Howard, Jewett, Jones of Lauderdale, Leonard, Love, McClanahan, Mitchell, McKinnie, Morgan, Posey, Russell, Sheets, Shortridge, Smith of Henry, Starke, Steadham, Stone, Taylor, Webb, Whitlock, Williamson, Wood, Yelverton.

Nays-Messrs. Baker of Russell, Beard, Bolling, Brasher, Buford , Catterlin, Clarke of Lawrence, Coffey, Crawford, Crook, Davis of Pickens, Earnest, Edwards, Foster, Green, Henderson of Macon, Herndon, Hood , Jemison, Johnson, Owens, Potter, Ralls, Rives, Sanford, Sheffield,


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Slaughter, Smith of Tuscaloosa, Timberlake, Watkins, Watts, Whatley, Winston.

The question was now upon adoption of the substitute in place of the report of the committee; yeas and nays called. Yeas 59-nays 20.

Yeas-Messrs. President, Allen, Baker of Russell, Barclay, Barnes, Beard, Blue, Bolling, Bragg, Brasher, Bulger, Catterlin, Cochran, Coffey ,Coman, Creech, Crook, Crumpler, Dargan, Davis of Covington, Davis of Madison, Dowdell, Edwards, Forrester, Gay, Gibbons, Gilchrist, Green, Henderson of Macon, Hood, Howard, Jewett, Jones of Lauderdale, Johnson, Leonard, Love, McClanahan, Mitchell, McKinnie, Morgan, Posey, Ralls, Rives, Russell, Sanford, Sheets, Sheffield, Shortridge, Smith of Henry, Starke, Steadham, Stone, Taylor, Timberlake, Watkins, Whitlock, Williamson, Wood, Yelverton.

Nays-Messrs. Bailey, Buford, Beck, Clark of Marengo, Clarke of Lawrence, Crawford, Curtis, Davis of Pickens, Earnest, Foster, Herndon, Jemison, Owens, Potter, Slaughter, Smith of Tuscaloosa, Watts, Webb, Whatley, Winston.

The question was then upon the adoption of the ordinance as amended. Adopted.

MESSAGE FROM THE GOVERNOR.

A communication was received from the Governor, at the hands of his private Secretary, Watkins Phelan Esq., which, upon being read, contained a recommendation to the convention to modify the act of the Legislature of the 29th January 1861, entitled an act to raise money for the military defence of the State of Alabama, so as to make the interest on the bonds proposed to be issued payable semi-annually instead of annually, and at any bank in the city of Mobile or elsewhere, as the Governor may direct.

Upon a motion of Mr. Watts the rules were suspended to enable him, and he offered an ordinance entitled “an ordinance to provide for the payment of interest semiannually on the bonds issued under the act of the Legislature of the 29th of January, 1861.”

The question was now upon the adoption of the ordinance, and it was adopted.


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A motion to go into committee of the whole house on the Constitution of Alabama, and that all preceding amendments and changes of the constitution be referred to the committee, and to take the same up, section by section, until disposed of. Carried.

After some time spent in consideration of the matter referred to it, the committee rose and reported progress to the convention.

The committee reported favorably on all, that part submitted by the Committee on the Revision of the Constitution preceding Article first, and it was adopted by the Convention as a part of the Constitution of the State.

Mr. Whatley moved now to reconsider the vote taken on Saturday on Mr. Crook’s resolution to re-district the State.

Mr. Clarke of Marengo, moved to lay the motion on the table. The yeas and nays were called, resulting, yeas 57-nays 16. So it was laid on the table.

Yeas-Messrs. President, Bailey, Buford, Baker of Russell, Barnes, Beck, Blue, Boiling, Bulgier, Catterlin, Clarke of Marengo, Coffey, Coman, Crawford, Creech, Crook, Crumpler, Curtis, Dargan, Davis of Covington, Davis of Madison, Davis of Pickens, Dowdell, Forrester, Foster, Gay, Gibbons, Gilchrist, Green, Herndon, Hood, Howard, Jewett, Love, McClanahan, Mitchell, McKinnie, Morgan, Owens, Ralls, Russell, Ryan, Sanford, Shortridge, Smith of Henry, Smith of Tuscaloosa, Starke, Steadham, Stone, Timberlake, Watts, Webb, Whatley, Whitlock, Williamson, Wood.

Nays-Messrs. Barclay, Brasher, Clarke of Lawrence, Earnest, Edwards, Jemison, Jones of Lauderdale, Johnson, Posey, Potter, Sheets, Sheffield, Slaughter, Steele, Watkins, and Winston.

Mr. Crook moved to suspend all rules and orders, to enable the committee appointed on yesterday to redistrict the State to report, and that the same shall be the special order until it is disposed of. Carried.

Mr. Kimball then, from said committee, reported an ordinance entitled “an ordinance to lay of the State of Alabama, into nine Congressional Districts,” and recommend its adoption.

The previous question was called for; and the question


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being, shall the main question be now put, the yeas and nays were called for, resulting: yeas 53- nays 20. Sustained.

Yeas-Messrs. President, Bailey, Buford, Barnes, Beck, Blue, Bolling, Brasher, Catterlin, Clarke of Marengo, Coffey, Coman, Crawford, Creech, Crook, Curtis, Dargan, Davis of Madison, Davis of Pickens, Dowdell, Earnest, Forrester, Gibbons, Gilchrist, Green, Herndon, Hood, Howard, Jewett, Love, McClanahan, Mitchell, McKinnie, Morgan, Owens, Potter, Ralls, Rives, Russell, Ryan, Sanford, Shortridge, Smith of Tuscaloosa, Starke, Steadham,, Stone Taylor, Timberlake, Webb, Whatley, Williamson, Winston, Wood.

Nays-Messrs. Baker of Russell, Barclay, Beard, Bulger, Clarke of Lawrence, Crumpler, Edwards, Foster, Gay, Jemison, Jones of Lauderdale, Leonard, Posey, Sheets, Sheffield, Slaughter, Steele, Watkins, Watts, Whitlock.

The question was now upon concurring in the report and adopting the ordinance; and it was adopted.

Mr. Webb moved to re-consider the vote just taken.

Mr. Clarke of Lawrence moved to postpone the consideration of Mr. Webb’s motion until to-morrow at 10 o’clock A.M. By leave, withdrawn.

The question recurred upon the motion to re-consider, and it was lost.

Upon motion the convention, adjourned.