FOURTH DAY.

SECRET SESSION.

MONTGOMERY, ALA,

January 10th, 1861.

The President called the Convention to order at 11 o’clock. A. M., and it was opened with prayer by Rev. Jas. A. Heard.

Yesterday’s proceeding were read and approved.

Gen Jno. W. A. Sanford, Commissioner from the State of Georgia to this State was invited to a seat within the bar of the Convention.

Mr. Bulger offered the following resolution.

Resolved, That the members of the present Legislature of Alabama, be invited to seats in the lobby of this house during the settings of the Convention.

Mr. Clemens objected to the introduction of the resolution at this time and was decided to be out of order by the President.

The President laid before the Convention an official dispatch from the State of Mississippi:

Received at Montgomery January 9th, 1861, by telegraph from Jackson January 9th, To Hon. Wm. M. Brooks.

I am instructed by the Mississippi State Convention to inform you that the State of Mississippi by a vote of her Convention approaching unanimity has seceded unconditionally from the Union, and desires on the basis of the old constitution, a new Union with the seceding States.

W. S. BARRY,

President Convention.

And also dispatches from Charleston, as follows:

Received at Montgomery, January 9th, 1861, by tele-


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graph from Charleston, January 9th, To John A. Elmore.

The steamer with reinforcements was fired into by the forts, disabled-retreated and lying at anchor. This is certain-reports of her hauling down her colors I do not vouch for.

WM. E. MARTIN.

Received at Montgomery, January 9th, 1861, by telegraph from Charleston, January 9th, To John A. Elmore, or President of Convention.

Anderson, it is said-and believed-intends firing upon our shipping and cutting off communication with the fort.

WM. E. MARTIN.

Received at Montgomery, January 9th, 1861, by telegraph from Charleston, January 9th, To John A. Elmore, or President of Convention.

Anderson writes to the Governor that he will fire into all ships. The Governor replies, and justifies what we did.

Now, Anderson replies his mind changed, and refers the question to Washington.

WM. E. MARTIN.

These dispatches were laid on the table as information.

The President laid before the Convention a communication addressed to the Hon. Alexander White, but intended for the President of this Convention.

Mr. Jemison submitted a resolution in relation thereto, as follows:

Resolved, That the communication addressed to the Hon. Alexander White, containing, or presumed to contain, the evidence of the late election for members of this Convention in the county of Shelby, be, and the same is hereby received by this Convention, waiving all irregularity in the address of said communication to the Hon. Alexander White, instead of the President of this Convention.

Be it further Resolved, That the reception of the communication under the waiver of irregularity as to address, shall not extend to any irregularity or informality, does not effect the testimony or any other matter except the address itself.

Mr. Yancey moved to lay the resolutions on the table.

The ayes and nays were called, and resulted, ayes, 43; nays, 54.

Messrs. McClanahan and Shortridge were excused from voting.

Those who voted in the affirmative, are-Messrs. Baker,


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of Barbour, Beck, Blue, Bolling, Bragg, Brasher, Catterlin, Clarke, of Marengo, Cochran, Coleman, Creech, Crook, Curtis, Daniel, Dargan, Davis, of Covington, Davis, of Pickens, Dowdell, Gibbons, Gilchrist, Hawkins, Henderson, of Macon, Henderson of Pike, Howard, Humphries, Jewett, Ketchum, Love, McPherson, McKinnie, Morgan, Owens, Phillips, Rives, Ryan, Silver, Smith of Henry, Starke, Stone, Watts, Whatley, Williamson, Yancey, Yelverton-43.

Those who voted in the negative are-Messrs. President, Allen, Bailey, Baker, of Russell, Barclay, Barnes, Beard, Bulger, Clarke, of Lawrence, Clemens, Coffey, Coman, Crawford, Crumpler, Davis, of Madison, Earnest, Edwards, Ford, Forrester, Foster, Franklin, Gay, Green, Guttery, Herndon, Hood, Inzer, Jemison, Jones, of Fayette, Jones, of Lauderdale, Johnson, Kimball, Leonard, Lewis, McClellan, Posey, Potter, Ralls, Russell, Sanford, Sheets, Sheffield, Slaughter, Smith, of Tuscaloosa, Steadham, Steele, Taylor, Timberlake, Watkins, Webb, Whitlock, Wilson, Winston, Wood-54.

Mr. Morgan moved to postpone the consideration of the resolution until 2 o’clock to-morrow.

Mr. Jemison proposed to withdraw his resolution, and submit the document to Messrs. Shortridge and McClanahan for inspection. Leave was granted, and the resolution withdrawn.

Mr. Yancey, from the Committee of Thirteen, reported as follows:

The Committee to whom it was committed to consider upon and report what action was necessary to be taken by this Convention in order to protect and preserve the rights and independence of the people of the State of Alabama, beg leave to report that they have calmly and thoughtfully considered the great matter committed to them, and they have instructed me to report the accompanying ordinance and resolutions.

W. L. YANCEY,

Chairman.

MAJORITY REPORT.

An Ordinance to dissolve the Union between the State of Alabama and other States united under the compact styled “The Constitution of the United States of America.”

WHEREAS, the election of Abraham Lincoln and Hannibal Hamlin to the offices of President and Vice President of


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the United States of America, by a sectional party, avowedly hostile to the domestic institutions and to the peace and security of the people of the State of Alabama, preceded by many and dangerous infractions of the Constitution of the United States by many of the States and people of the Northern section, is a political wrong of so insulting and menacing a character as to justify the people of the State of Alabama in the adoption of prompt and decided measures for their future peace and security; therefore,

Be it declared and ordained by the people of the State of Alabama, in Convention assembled, That the State of Alabama now withdraws, and is hereby withdrawn, from the Union known as “the United States of America” and henceforth ceases to be one of said United States, and is, and of right ought to be, a Sovereign and Independent State.

SEC. 2 Be it further declared and ordained by the people of the State of Alabama, in Convention assembled, That all the powers over the Territory of said State, and of the people thereof, heretofore delegated to the Government of the United States of America, be, and they are hereby, withdrawn from said Government, and are hereby resumed and vested in the people of the State of Alabama.

And, as it is the desire and purpose of the people of Alabama to meet the slaveholding States of the South, who may approve such purpose, in order to frame a provisional as well as permanent Government upon the principles of the Constitution of the United States,

Be it resolved by the people of Alabama, in Convention assembled, That the people of the States of Delaware, Maryland, Virginia, North Carolina, South Carolina, Florida, Georgia, Mississippi, Louisiana, Texas, Arkansas, Tennessee, Kentucky, and Missouri, be, and are hereby, invited to meet the people of the State of Alabama, by their Delegates in Convention, on the 4th day of February, A. D., 1861, at the city of Montgomery, in the State of Alabama for the purpose of consulting with each other as to the most effectual mode of securing concerted and harmonious action in whatever measures may be deemed most desirable for our common peace and security.

And be it further resolved, That the President of this Convention be, and is hereby instructed to transmit forthwith a copy of the foregoing Preamble, Ordinance and Resolutions to the Governors of the several States named in said resolutions.


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Done by the people of the State of Alabama, in Convention assembled, at Montgomery, on this, the eleventh day of January, A. D. 1861.

MINORITY REPORT.

_______

Mr. Clemens, from the minority of the same Committee, made a report with resolutions as follows:

The undersigned, a minority of the Committee of Thirteen, to whom was referred all matters touching the proper mode of resistance to be adopted by the State of Alabama, in the present emergency, beg leave to present the following

REPORT:

Looking to harmony of action among our own people as desirable above all other things, we have been earnestly desirous of concurring with the majority in the line of policy marked out by them, but after the most careful consideration we have been unable to see in Separate State Secession the most effectual mode of guarding our honor and securing our rights. Without entering into any argument upon the nature and amount of our grievances, or any specifications as to the probability of obtaining redress and security in the Union, but looking alone to the most effectual mode of resistance, it seems to us that this great object is best to be attained by the concurrent and concerted action of all the States interested, and that it becomes us to make the effort to obtain that concurrence; before deciding finally and conclusively upon our own policy.

We are further of opinion that, in a matter of this importance, vitally affecting the property, the lives and the liberties of the whole people, sound policy dictates that an ordinance of secession should be submitted for their ratification and approval. To that end, the resolutions which accompany this report have been prepared and are now submitted to the Convention.

The undersigned purposely refrain from a detailed statement of the reasons which have brought them to the conclusions at which they have arrived. The action proposed by the majority of the Committee is, in its nature, final and conclusive-there is no chance for rehearing or revision; and we feel no disposition to submit an argument, whose only effect will be to create discontent, and throw difficulties in the way of a policy, the adoption of which we are


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powerless to prevent. In submitting our own plan, and using all fair and honorable means to secure its acceptance, our duty is fully discharged-to insist upon objections when they can have no effect but to excite dissatisfaction among the people, is alike foreign to our feelings and to our conceptions of patriotic duty.

The resolutions herein before referred to are prayed to be taken as part of this Report, and the whole is herewith respectfully submitted.

JERE CHEMENS,

DAVID P. LEWIS,

WM. O. WINSTON,

A. KIMBAL,

R. S. WATKINS,

R. JEMISON, JR.

WHEREAS, repeated infractions of the Constitution of the United States by the people and States of the Northern section of the confederacy have been followed by the election of sectional candidates by a strictly sectional vote, to the Presidency and Vice Presidency of the United States, upon a platform of principles insulting and menacing to the Southern States; and whereas, it becomes a free people to watch with jealous vigilance, and resist with manly firmness every attempt to subvert the free and equal principles upon which our Government was originally founded, and ought alone to be maintained; therefore,

Be it resolved by the people of Alabama, in Convention assembled, That the States of Delaware, Maryland, Virginia, N. Carolina, S. Carolina, Georgia, Florida, Mississippi, Louisiana, Texas, Arkansas, Tennessee, Kentucky and Missouri, be, and they are hereby, requested to meet us in general Convention in the city of Nashville, in the State of Tennessee, on the 22d day of February, 1861 for the purpose of taking into consideration the wrongs of which we have cause to complain-the appropriate remedy therefore, and the time and manner of its application.

Be it further resolved, That the State of Alabama shall be represented in said Convention by nine delegates; one to be selected from each Congressional district, and two from the State at large, in such manner as shall hereafter be directed and provided for by this Convention.

Be it further resolved, That our delegates selected shall be


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instructed to submit to the general Convention the following basis of a settlement of the existing difficulties between the Northern and the Southern States, to-wit:

1. A faithful execution of the Fugitive Slave Law, and a repeal of all State laws calculated to impair its efficacy.

2. A more stringent and explicit provision for the surrender of criminals charged with offences against the laws of one State and escaping into another.

3. A guarantee that slavery shall not be abolished in the District of Columbia, or in any other place over which Congress has exclusive jurisdiction.

4. A guarantee that the inter-state slave trade shall not be interfered with.

5. Protection to slavery in the Territories, while they are Territories, and a guarantee that when they risk for admission as States they shall be admitted into the Union with or without slavery as their constitutions may prescribe.

6. The right of transit through free States with slave property.

7. The foregoing clauses to be irrepealable by amendments to the Constitution.

Be it further resolved, That the basis of settlement prescribed in the foregoing resolution shall not be regarded by our delegates as absolute and unalterable, but as an indication of the opinion of this Convention, to which they are expected to conform as early as may be, holding themselves, however, at liberty to accept any better plan of adjustment which may be insisted upon by a majority of the slaveholding States.

Be it further resolved, That if the foregoing proposition for a conference is refused, or rejected, by any or all of the States to which it is addressed, Alabama, in that event, will hold herself at liberty, alone, or in conjunction with such States as may agree to unite with her, to adopt such plan of resistance, and secure such measures, as in her judgment may seem best calculated to maintain the Honor and Secure the rights of her citizens; and in the meantime we will resist, by all means at our command, any attempt on the part of the General Government to coerce a seceding State.

Be it further resolved, That the President of this Convention be instructed to transmit copies of the foregoing preamble and resolutions to the Governors of each of the States therein named.

And also the following resolution from the same;


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Be it resolved by the people of Alabama, in Convention assembled, That an ordinance of secession from the United States is an act of such great importance, involving consequences so vitally affecting the lives, liberty and property of the citizens of the seceding State, as well as the States by which it is surrounded, and with which it has heretofore been united, that in our opinion it should never be attempted until after the most thorough investigation and discussion, and then only after a full and free ratification at the polls by a direct vote of the people, at an election held under the forms and safeguards of the law in which that single issue, untrammeled and undisguised in any manner whatever, should alone be submitted.

And, on motion by Mr. Clemens, the minority report was laid on the table, and the report of the majority taken up.

In accordance with the request of the Committee of Thirteen,

Mr. Yancey moved an agreement to the recommendation of the Committee with reference to the ordinance and resolutions reported from the majority, which, on motion of Mr. Watts, was amended by striking out that part relating to the time of ending the discussion and thus adopted.

Mr. Yancey moved to take up the ordinance of secession, and that it be adopted.

Mr. Clemens moved that the preamble and first series of resolutions be taken up and substituted for the ordinance.

The ayes and nays were demanded.

Mr. Morgan moved a call of the roll, and 97 members answered to their names-the absentees being Messrs. Brasher, Inzer and Timberlake.

The ayes and nays were then called on the motion of Mr. Clemens and it was lost-ayes 45; nays, 54.

Those who voted in the affirmative, are-Messrs. Allen, Barclay, Beard, Bulger, Clarke, of Lawrence, Clemens, Coffey, Coman, Crumpler, Davis, of Madison, Earnest, Edwards, Ford, Forrester, Franklin, Gay, Green, Guttery, Hood, Inzer, Jemison, Jones, of Fayette, Jones, of Lauderdale, Johnson, Kimball, Leonard, Lewis, McClellan, Posey, Potter, Russell, Sanford, Sheets, Sheffield, Slaughter, Smith, of Tuscaloosa, Steadham, Steele, Taylor, Timberlake, Watkins, Whitlock, Wilson, Winston, Wood-45

Those who voted in the negative, are-Messrs. President Baily, Baker, of Barbour, Baker, of Russell, Barnes, Beck


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Blue, Bolling, Bragg, Catterlin, Clarke, of Marengo, Cochran, Coleman, Crawford, Creech, Crook, Curtis, Daniel, Dargan, Davis, of Covington, Davis, of Madison, Davis, of Pickens, Dowdell, Foster, Gibbons, Gilchrist, Hawkins, Henderson, of Macon, Henderson, of Pike, Herndon, Howard, Humphries, Jewett, Ketchum, Love, McClanahan, McPherson, McKinnie, Morgan, Owens, Phillips, Ralls, Rives, Ryan, Shortridge, Silver, Smith, of Henry, Starke, Stone, Watts, Webb, Whatley, Williamson, Yancey, Yelverton-54.

Mr. Bulger moved to adjourn till 10 o’clock to-morrow. Lost.

Mr. Clemens offered the following amendment:

Provided, however, that this ordinance, shall not go into effect until the 4th day of March, 1861, and not then unless the same shall have been ratified and confirmed by a direct vote of the people.

On motion by Mr. Jemison, it was decided that absentees from this vote may record their votes, though it should change the result.

The ayes and nays were taken on the amendment, and were, ayes, 44; nays, 54, and the amendment was lost.

Those who voted in the affirmative, are-Messrs. Allen, Barclay, Bulger, Clarke, of Lawrence, Clemens, Coffey, Coman, Crumpler, Davis, of Madison, Earnest, Edwards, Ford, Forrester, Franklin, Gay, Green, Guttery, Hood, Inzer, Jemison, Jones, of Fayette, Jones, of Lauderdale, Johnson, Kimball, Leonard, Lewis, McClellan, Posey, Potter, Russell, Sanford, Sheets, Sheffield, Slaughter, Smith, of Tuscaloosa, Steadham, Steele, Taylor, Timberlake, Watkins, Whitlook, Wilson, Winston, Wood-45.

Those who voted in the negative, are Messrs. President, Baily, Baker, of Barbour, Baker of Russell, Barnes, Beard, Beck, Blue, Bolling, Bragg, Catterlin, Clarke, of Marengo, Cochran, Coleman, Crawford, Creech, Crook, Curtis, Daniel, Dargan, Davis, of Covington, Davis, of Pickens, Dowdell, Foster, Gibbons, Gilchrist, Hawkins, Henderson, of Macon, Henderson, of Pike, Herndon, Howard, Humphries, Jewett, Ketchum, Love, McClanahan, McPherson, McKinnie, Morgan, Owens, Phillips, Ralls, Rives, Ryan, Shortridge Silver, Smith, of Henry, Starke, Stone, Watts, Webb, Whatley, Williamson, Yancey, Yeverton-54.

Mr. Timberlake offered the following amendment:


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Amend by inserting the following after the 2d section, viz: “And it being the desire of the people of the State of Alabama to form a Provisional Government and a Southern Confederacy, upon the basis of the Constitution of the United States of America, with such of the slaveholding States as will join in forming the same, the present resumption of its powers is declared to be for that purpose.”

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

Mr. Inzer moved to adjourn, but withdrew it.

The ayes and nays were called for on Mr. Whatley’s motion, and resulted, ayes, 62; nays, 37.

Those who voted in the affirmative, are-Messrs. President, Allen, Baily, Baker, of Barbour, Barnes, Beck, Blue, Bolling, Bragg, Catterlin, Clarke, of Marengo, Clarke, of Lawrence, Cochran, Coleman, Crawford, Creech, Crook, Curtis, Daniel, Dargan, Davis, of Covington, Davis, of Madison, Davis, of Pickens, Dowdell, Foster, Gibbons, Gilchrist, Green, Hawkins, Henderson, of Pike, Herndon, Howard, Humphries, Jewett, Jones, of Lauderdale, Ketchum, Lewis, Love, McClanahan, McClellan, McPherson, McKinnie, Morgan, Owens, Phillips, Ralls, Rives, Ryan, Sheets, Shortridge, Silver, Smith, of Henry, Starke, Stone, Watts, Webb, Whatley, Williamson, Wood, Yancey, Yelverton-62.

Those who voted in the negative, are-Messrs. Baker, of Russell, Barclay, Beard, Brasher, Bulger, Clemens, Coffey, Coman, Crumpler, Earnest, Edwards, Ford, Forrester, Franklin, Gay, Guttery, Hood, Inzer, Jemison, Jones, of Fayette, Johnson, Kimball, Leonard, Posey, Potter, Russell, Sanford, Sheffield, Slaughter, Smith, of Tuscaloosa, Steadham, Steele, Taylor, Watkins, Whitlock, Wilson, Winston-37.

Mr. Yancey moved the following amendment, which was adopted and inserted, after the ordinance and before the resolutions, where it will be found.

Mr. Watts announced the presence of Ex-Gov. Matthews, Commissioner from the State of Mississippi, who was, on motion, invited to a seat within the bar of the House.

On motion by Mr. Jemison, the Convention adjourned until 10 o’clock, to-morrow.