THIRTY-SIXTH DAY

MONTGOMERY ALA., March 20th, 1861.

The Convention met pursuant to adjournment.

Prayer by Rev. Mr. Ralls.

Mr. Shortridge, from the Committee on Federal Relations, to whom was referred a certain resolution, reported as follows:

“The Committee on Federal Relations, to whom was referred a resolution enquiring into the expediency of tendering to the Congress a district ten miles square for a permanent Seat of Government of the Confederate States of America, and also an ordinance in relation to the same subject, having had the same under consideration, have instructed me to submit the following ordinance, as a substitute for the original, and to recommend its passage.”

Mr. Watts moved to suspend the regular order of business to enable him to introduce a resolution. Agreed to; and,


243

Mr. Watts offered the following:

Resolved, That the rule requiring this Convention to adjourn to-day at 12 o’clock, be rescinded.

Mr. Crook offered the following as a substitute:

Resolved, That this Convention will remain in session until 12 to-morrow, and no longer. Lost.

Mr. Bulger offered the following as a substitute:

Resolved, That the order requiring this Convention to adjourn at 12 o’clock to-day, be and the same is hereby suspended until 4 2 o’clock of this day.

The previous question was called for, sustained, and Mr. Watts’ resolution adopted.

Upon motion of Mr. Morgan, the Convention resolved itself into a Committee of the Whole, on the Constitution.

After some time spent in Committee of the Whole, the committee rose, and reported, through their chairman, that they had completed the amendments to the Constitution, and now recommend its adoption as a whole, together with an ordinance at the same time reported, entitled “an ordinance to define and explain the effect of the ordinances adopted by this Convention.”

The Constitution, as reported, was then referred to the committee to revise the Constitution.

Mr. Davis, of Madison, obtained leave and offered an ordinance entitled “An ordinance to permanently locate the State Capital.”

The question was on the adoption of the ordinance, and the yeas and nays were called. Yeas 38-nays 30.

Yeas-Messrs. President, Baily, Baker Bolling, Catterlin, Crawford, Crook, Crumpler, Curtis, Davis of Covington, Davis of Madison, Dowdell, Earnest, Foster, Gibbons, Greed, Henderson of Macon, Hood, Johnson, Leonard, Love, Mitchell, McClellan, McPherson, Morgan, Owens, Ralls, Rives, Shortridge, Slaughter, Taylor, Timberlake, Watts, Watkins, Williamson, Wood, Yelverton-38.

Nays-Messrs. Buford, Barclay, Beck, Brasher, Clarke of Marengo, Clarke of Lawrence, Coffey, Coman, Creech, Dargan, Davis of Pickens, Edwards, Forrester, Gay, Herndon, Jewett, Jones of Lauderdale, Lewis, McClanahan, Posey, Potter, Ryan, Sanford, Sheets, Sheffield,


244

Smith of Tuscaloosa, Stone, Watkins, Webb, Whitlock-30.

Ordinance adopted.

A message was received from the Governor, in answer to certain resolutions of enquiry, adopted by the Convention on yesterday, and transmitted to him, which was read as follows:

EXECUTIVE DEPARTMENT,

Montgomery, Ala., March 20, 1861.

Hon. W. M. BROOKS, President State Convention.

Sir: In answer to the first resolution of enquiry, adopted on yesterday, I state that no patents have been received by the State of Alabama from the United States for lands under the act of Congress, approved 28th September, 1850.

In answer to the 2d resolution I beg leave to state that about a half million of acres of swamp and overflowed lands have been selected by Commissioners appointed by me under an act of the Legislature approved 24th February, 1860. A list of the lands so selected with the proper certificates of proof have been made out by the Commissioners, and were presented to and approved by me early in December last, and immediately forwarded to the Land Office at Washington for the purpose of having patents issued for the same. I have heard nothing further from them, and under existing circumstances I presume no patents will be issued for said lands.

The question as to whether the contract made with the Commissioners can be rescinded or not and the Commissioners discharged is strictly legal, and made in conformity with the act of the Legislature, and of course binding on both parties. As a general rule of law, each party has a right to insist upon his contract, and neither the Legislature nor the courts could impair such contract but the Convention is the sovereign power of the State, and I presume may do whatever in its judgment may seem just and proper.

I would suggest, however, that if said Commissioners are discharged from the further prosecution of their duties under their contract that provision should be made to pay them for services rendered, They have performed


245

much labor which would have been valuable to the State, had no change been made in our relations to the Federal Government.

Respectfully,

A. B. MOORE

Upon motion, the message was ordered to be laid on the table.

Mr. Morgan moved to reconsider the vote just taken on the ordinance for the permanent location of the State Capitol.

Mr. Davis of Madison, moved to lay Mr. Morgan=s motion on the table; and the yeas and nays were called; yeas 30-nays 39.

Yeas-Messrs. Baker of Russell, Bolling, Bulger, Clemens, Crawford, Crook, Crumpler, Davis of Covington, Davis of Madison, Earnest, Foster, Gibbons, Gilchrist, Green, Henderson of Macon, Leonard, Love, Mitchell, McPherson, McKinnie, Owens, Ralls, Rives, Shortridge, Slaughter, Taylor, Watts, Whatley, Williamson, Yelverton.

NAYS-Messrs. Allen, President, Barclay, Brasher, Buford, Beck, Catterlin, Clarke of Marengo, Clarke of Lawrence, Coffey, Coman, Creech, Dargan, Davis of Pickens, Dowdell, Edwards, Forrester, Gay, Herndon, Hood, Jemison, Jewett, Jones of Lauderdale, Johnson, McClanahan, McClellan, Morgan, Posey, Potter, Ryan, Sanford, Sheets, Sheffield, Smith of Tuscaloosa, Stone, Timberlake, Watkins, Webb, Whitlock, Wood.

Mr. Bulger moved to lay the whole subject on the table, and the yeas and nays were called. Yeas, 38-nays-24.

Yeas-Messrs. President Baily, Buford, Barclay, Beard, Beck, Brasher, Bulger, Clarke of Marengo, Clarke of Lawrence, Coffey, Coman, Dargan, Davis of Pickens, Dowdell, Edwards, Forrester, Gay, Herndon, Hood, Jemison, Jewett, Jones of Lauderdale, Johnson, McClanahan, McClellan, Morgan, Posey, Potter, Ryan, Sanford, Sheets, Sheffield, Stone, Watkins, Watts, Webb, Whitlock.

Nays-Messrs. Baker of Russell, Bolling, Catterlin, Clemens, Crawford, Creech, Crook, Crumpler, Davis of Covington, Davis of Madison, Earnest, Foster, Gibbons, Gilchrist, Green, Henderson of Macon, Howard,


246

Leonard, Love, Mitchell, McPherson, McKinnie, Owens, Ralls, Rives, Shortridge, Slaughter, Smith of Tuscaloosa, Taylor, Timberlake, Whatley, Williamson, Wood, Yelverton.

Whole subject laid on the table.

Consideration of the Constitution resumed.

Mr. Dargan offered an amendment which was adopted and incorporated in the committee’s report of a Constitution as a whole.

The question was now upon the adoption of the Constitution as amended, as a whole.

Mr. Johnson offered the following amendment:

Art. 6. Establishment of Banks-Strike out rule two and insert, “no bank shall be established, or bank charter renewed, but in conformity with the following rules.”

A motion was made to lay the amendment on the table, and the yeas and nays were called; yeas 58-nays 5.

Yeas-Messrs. President, Buford, Baker of Russell, Barclay, Beard, Beck, Bolling, Brasher, Catterlin, Clarke of Marengo, Clarke of Lawrence, Coffey, Coman, Crawford, Creech, Crook, Dargan, Davis of Covington, Davis of Madison, Davis of Pickens, Dowdell, Edwards, Forrester, Gay, Gibbons, Gilchrist, Green, Herndon, Hood, Jemison, Jewett, Jones of Lauderdale, Leonard, Love, McClanahan, Mitchell, McClellan, McPherson, McKinnie, Morgan, Posey, Potter, Ralls, Rives, Ryan, Sanford, Sleets, Sheffield, Shortridge, Smith of Tuscaloosa, Stone, Taylor, Watkins, Watts, Webb, Whatley, Whitlock. Williamson.

Nays-Messrs. Bulger, Johnson, Owens, Russell, Slaughter.

Laid on the table.

Mr. Jemison offered the following amendment, to come in after prescribing the time the Legislature shall sit as follows:

“Unless in the opinion of the Governor the public good shall require it to remain longer in session, in which case, he shall have power, by his proclamation, to prolong the session.”

Mr. Whatley moved to lay the amendment on the table, and it was laid on the table.

The question now recurred upon concurring in the re-


247

port of the Committee on the revision of the Constitution, and adopting the Constitution so reported; as a whole, and the report was concurred in, and the Constitution so reported was adopted as a whole, unanimously, as the Constitution of the State of Alabama.

The question was now upon the adoption of the ordinance included in the committee’s report, entitled, “an ordinance to define and explain the effect of the ordinances adopted by this Convention,” and it was adopted.

Mr. Morgan offered an ordinance entitled “an ordinance to provide for the enrollment of the Constitution of Alabama.”

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

Mr. Morgan offered an ordinance entitled “an ordinance to make an appropriation for a certain purpose therein named;” and the question being upon its adoption, it was adopted.

Mr. Webb offered an ordinance entitled “an ordinance to provide for the printing the Constitution of the State of Alabama,” and the question being upon its adoption, it was adopted.

Mr. Dargan offered an ordinance entitled “An ordinance relative to free banking corporations, and to extend the provisions of an ordinance of this convention concerning the same to the Mobile Savings Bank.”

Mr. Johnson moved to lay the whole subject on the table. Carried.

Mr. Jemison offered an ordinance, entitled “An ordinance to provide for certain expenses in preparing the acts and journals of the late (called) session for the press, and the distribution of the same, and for other purposes;” and the question being upon its adoption, it was adopted.

Upon motion, the convention went into committee of the whole upon the land ordinance.

The committee rose presently and reported, through their chairman, certain amendments to the ordinance; and the question being upon their adoption, they were adopted.

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


248

Mr. Bolling offered an ordinance entitled “An ordinance in relation to cancelled land warrants;” and the question being upon its adoption, it was adopted.

Mr. Brooks (Mr. Baker of Russell in the chair) offered the following resolution:

“Resolved, That the enrolled ordinances and resolutions of this convention be deposited in the office of the Secretary of State for safe keeping, and that the same be bound and indexed under the directions of said Secretary.”

Mr. Johnson, from a special committee, offered an ordinance entitled “An ordinance to divide the county of Henry.”

Mr. Webb moved to lay it on the table. Carried.

Mr. Jewett offered an ordinance entitled “An ordinance to authorize and direct the Governor to rescind a contract therein referred to;” and the question being upon its adoption, it was adopted.

ELECTION OF LAND COMMISSIONER.

Upon motion, the convention proceeded to the election of Land Commissioner.

Mr. Shortridge nominated J. T. Bradford.

Mr. Dargan nominated O. S. Jewett.

The convention proceeded to vote. Mr. Bradford received 41 votes, and Mr. Jewett 19.

Mr. Bradford having received a majority of the whole number of votes cast, was declared to be duly elected to the office of Land Commissioner.

Mr. Davis of Madison offered a resolution expressive of the sense of the convention of their high estimation of their presiding officer, the Hon. W. M. Brooks, and returning the thanks of the convention for the dignified and impartial manner in which he has presided over their deliberations. Adopted.

Mr. Earnest offered an ordinance entitled, “An ordinance to submit the Constitution of Alabama, as this day adopted, to a vote of the people at the August election.”

Mr. Webb in the chair it was ruled out of order.

Mr. Earnest appealed from the decision of the chair, and the chair was sustained.


249

Mr. Bolling offered an ordinance, entitled “An ordinance in relation to forfeited lands;'” and the question being upon its adoption, it was adopted.

Mr. Buford asked to have the following protest entered upon the journals, which was ordered to be done:

“The undersigned protests against all acts and measures of this convention not within or incidental to the object and purpose for which it was called, as set forth in the resolutions under which the Governor issued the call.

“We are not the people, but only their agents; and we are their agents only in respect of the matters in reference to which we were sent by them.

“It follows that whatever else we have done is logically void, whatever, from political considerations, the judiciary may hereafter decide to the contrary. And, beside our chief measure, that of secession, is of such vast consequence to the people, we should not have prejudiced it by any departure from the strict letter of our instructions.

“The undersigned begs this maybe recorded as his protest.”

JEF’N BUFORD.

Mr. Dargan offered the following resolution:

“Resolved, That no business, having the force and effect of law, will be entertained by the convention from this hour until its final adjournment sine die.

Adopted.

Mr. Jones of Lauderdale offered the following resolution:

“Resolved, That the Secretary of State be and he is hereby instructed to furnish by mail to each member of this convention a copy of the journals and ordinances of this convention, including a copy of the Constitution of Alabama as amended, and also a copy of the debates, by Wm. R. Smith, whenever the same shall be printed and ready for circulation.”

Adopted.

Mr. Jewett moved to take from the table a report and two accompanying ordinances, made through him from the Committee on Public Lands, and laid on the table yesterday.


250

Mr. Baker moved to lay the motion on the table.

Carried.

Mr. Yelverton offered the following:

“Resolved, That Eugene Bledsoe and Grattan Britton be each allowed twenty dollars for extra services for this convention, and that the President certify for them accordingly.”

Adopted.

Mr. Bulger offered the following:

“Resolved, That A. G. Horn, the acting Secretary, is entitled to the high regard of the members of this convention for the dignified and faithful manner in which he has discharged the arduous duties of his office.”

Adopted.

Mr. Morgan offered the following:

“Resolved, That the Commissioner of the Public Lands of this State shall be paid his salary at the times and under the regulations now applying to the payment of the salaries of the Judges of the Supreme Court; but this resolution shall not affect the amount of the salary of said Commissioner.”

Adopted.

Mr. Bolling moved to reconsider the vote taken by the convention by which it refused to take from the table “an ordinance in relation to the Greenville Land Office;” and it was reconsidered, taken from the table, and adopted.

Mr. Baker offered the following:

“Resolved, That when this Convention adjourns on this day, no further business shall thereafter be transacted by the convention, except such as may be necessary to perfect or complete any of its acts which may be found to be incomplete.”

Adopted.

Mr. Webb offered the following:

“Resolved, That the thanks of this convention are hereby tendered to Hon. A. B. Clitherall for his faithful and valuable services rendered as Assistant Secretary of this convention:”

Adopted:

Mr. Dargan offered the following:

Resolved, That this convention adjourn to-morrow at 2 o’clock, sine die. Adopted.


251

Mr. Earnest, from the Committee on Enrollment, made the following report:

“The Committee on Enrollment report as correctly enrolled, the ‘Constitution of the State of Alabama’ adopted on this day.”

Report concurred in.

Mr. Morgan, from the Committee on the Revision of the Constitution, made the following report:

The Committee on the Revision of the Constitution, to whom it was referred for the purpose of correcting the same so as to conform to the action of this Convention, had in reference thereto, beg leave to report that they have carefully examined said Constitution, and they herewith report the same back to the convention as correct.

And they further report the accompanying clause of attestation, and recommend its adoption.

Report concurred in and attestation clause adopted.

The Convention then adjourned until 10 o’clock. To-morrow.