EIGHTH DAY.

SECRET SESSION.

MONTGOMERY, ALA.

Jan. 14th, 1861

The Convention met at 11 A. M. in the Senate Chamber and was called to order by the President.

Prayer by Rev. Mr. Ferguson.

Journals of Saturday and Sunday, were read and approved.

The President announced that there were communications before the Convention.

1. From the Treasurer of the State.

2. In relation to contested seats.

3. From certain Members of Congress, and the reports of Commissioners from this State to various states.

On motion of Mr. Yancey, the communications were passed over informally, for a report from the Committee on the Constitution, in relation to the oath of office.

Mr. Cochran made a report with an ordinance on that subject, but withdrew it by leave, on the suggestion that


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the General Assembly should be requested not to organize until to-morrow.

By leave, Mr. Yancey introduced an ordinance concerning the oath of Members of the General Assembly. Referred to the Committee on the Constitution. And on motion, the subject of the oath of office, was made the special order for to-morrow at 10 o’clock A. M.

By leave, Mr. Jemison moved that the Senate and House of Representatives be requested not to organize until tomorrow. Adopted, and Mr. Jemison appointed to apprise the President of the Senate, and the Speaker of the House.

On motion by Mr. Watts, the following resolution was adopted.

Resolved, That the Governor of the State be, and he is hereby requested, to communicate from time to time to this Convention, such information as he may have of importance, in his judgment, to the deliberations of this Convention, and he is requested to make such suggestions as to the public interests as he may think proper.

Mr. Bragg, by leave, read dispatches from Mobile, as follows.

Received, at Montgomery, Jan. 13th, 1861. By telegraph, from Mobile, Jan. 13th,-To John Bragg.

Have you passed the ordinance for the collection of duties, clearance of vessels, and disposing of United States property? I have resigned, and hold treasure for the State, waiting its instructions; please answer.

T. SANFORD.

Received, at Montgomery, Jan. 14th, 1861. By telegraph, from Mobile, Jan. 14th,-To John Bragg.

See the Governor about appointing a Collector for this port. Mr. Sanford is the proper person, and the Governor ought to send him a commission at once. Ask the Governor to show you the dispatch I have just sent him. Two vessels have applied for clearances this morning, and Mr. Sanford is ignorant of what has been done by the Convention.

C. J. McRae.

Receive, at Montgomery, Jan. 14th, 1861. By telegraph, from Mobile, Jan. 14th,-To Gov. A. B. Moore.

Mr. Sanford has sent his resignation to the President, and as vessels will be daily applying for clearances, it will be necessary that he should have a commission from you


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or the Convention, otherwise the Commerce of the port will be stopped. We suppose that the Convention has addressed the South Carolina ordinances in reference to the collection of the revenues; if not, have it done at once, and send Mr. Sanford a Commission.

C. J. McRae.

The President stated that he had received a communication that Gov. Matthews of Mississippi was too unwell to address the Convention to-day.

By leave, Mr. Johnson presented “an ordinance to continue laws not repugnant to the ordinance of Secession.”

Referred to the Committee on the Judiciary and Internal Relations.

By leave, Mr. Bragg, from the Committee on Imposts and Duties, reported the following ordinance which was adopted:

An Ordinance in relation to the Collector of the Port of Mobile.

SEC. 1. Be it ordained by the people of Alabama, in Convention assembled, and it is hereby ordained by authority of the same, That Thadeus Sanford, late Collector of the Port of Mobile, and his subordinates in office under the Government of the United States, be re-appointed to their respective offices, by the State of Alabama, and that compensation of such officers, be the same as that they received from the Government of the United States.

SEC. 2. Be it further ordained, That the said T. Sanford, Collector, as aforesaid, be instructed to retain in his hands, subject to the order of this Convention, (and with a view to future settlement with the Government of the United States,) all such money as he may have had in his hands as Collector of the United States at the Port of Mobile, on the day of the passing of the ordinance withdrawing the State of Alabama from the Federal Union-and that the State of Alabama, is hereby pledged to indemnify and save harmless the said T. Sanford and his securities on his official bond to the government of the United States, for any loss or damage he or they may sustain by complying with the requirements of this Ordinance.

SEC. 3. Be it further ordained, That his Excellency, the Governor, be authorized to issue a Commission to T. Sanford, as Collector of the Port of Mobile, and that he be


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required to enter into bond with security, to be approved by the Judge of the 6th Judicial Circuit of the State of Alabama, in the same sum as is set forth in his bond to the United States, for the faithful discharge of his duties as Collector of said Port,-such bond to be transmitted to the Governor to be filed among the Archives of the State, and that upon the execution of said bond he proceed to grant clearances to vessels, and collect duties as he has heretofore done under the laws of the United States, until otherwise ordered by this Convention.

Mr. Baker, of Barbour, by leave, read a dispatch from Gov. Perry, of Florida, as follows:

Received at Montgomery, Jan. 14th, 1861. By telegraph, from Tallahassee, Jan. 14th, to Gov. A. B. Moore.

Telegraph received. Can you send five hundred stand of arms to Col Chase?

M. S. PERRY.

Mr. Bragg, by leave, offered the following resolution, which was adopted:

Resolved, That the Chairman of the Committee on Imposts and Duties, be authorized to transmit to Thadeus Sanford, the Collector of the Port of Mobile, a telegraphic dispatch, informing him of the passing of an ordinance requesting him to repair to this city immediately, to confer with the Committees on Commerce and Finance, and Imposts and Duties; in reference to matters appertaining to his office and the interests of the State.

On motion by Mr. Dowdell, the business before the Convention was suspended to allow the Committee on Military affairs to report.

Mr. Clemens, from that Committee, submitted the following report and ordinance, which were adopted:

The Committee on Military Affairs, to whom was referred resolutions in relation to the purchase of provisions for the troops of the State, have had the same under consideration, and instructed me to report back the resolutions with the accompanying ordinance as a substitute therefore, and recommend its passage.

An Ordinance to appoint an Agent to Purchase Provisions.

Be it ordained, by the People of Alabama, in Convention assembled, That the Governor of this State be, and he is hereby authorized to appoint an Agent, whose duty


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it shall be to make purchases of provisions and stores for the troops of the State, from time to time, as the same may be required. And the said Agent shall be at all times, subject to the control, order and direction of the Governor in the matters aforesaid, and may be dismissed from the public service at the pleasure of the Governor.

Be it further ordained, That the rate of compensation allowed to said Agent, shall be settled by agreement with the Governor, which agreement shall be reduced too writing, and filed in the Executive Department of the State.

Be it further ordained, That Said Agent shall give bond and security approved by the Governor, which said bond shall be increased in amount from time to time, as the Governor shall direct.

Be it further ordained, That in suits upon any bond, provided for in the foregoing section, no objection as to form shall be allowed, nor shall any plea be received except a plea to the merits.

Be it further ordained, That the sums of money necessary to carry into effect the foregoing ordinance may be borrowed by the Governor, and he is hereby authorized and empowered to execute bonds for the same in the name of the State. Provided, however, that no such bond shall have less than twelve months to run, nor carry a higher rate of interest than eight per centum per annum.

In connection therewith, Mr. Clemens offered the following resolution, which was adopted:

Resolved, That the injunction of secrecy, as to the “Ordinance for the purchase of provisions,” shall not be removed in a less period of time than thirty days, but a copy of the same, together with a copy of this resolution shall be immediately furnished to the Governor.

By leave, Mr. Morgan, from the Committee on Postal Arrangements, made a report, accompanied by an “Ordinance to make Provisional Postal Arrangements,” with a resolution. Ordered to lie on the table, and 200 copies printed for the use of the Convention.

Mr. Dowdell by leave, offered the following resolution, which was referred to the Committee on Military Affairs:

Resolved, That the Governor of the State is hereby fully authorized to transfer to Pensacola, in the State of Florida, such number of arms and munitions of war as he may think proper for the defence of the State of Alabama.


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The President announced the Committee to ascertain the popular vote on secession, to be: Messrs. Morgan, Davis, of Madison, McClanahan, Wood, Timberlake.

The communications on the President’s table were taken up:

1. Documents being depositions in the contested election case from Shelby County, were referred to the Committee on Credentials.

2. The communication from the State Treasurer, was ordered to lie on the table, and 200 copies to be printed.

3. The communication from Messrs. Pugh and Curry, former members to Congress from this State, was read and ordered to lie on the table.

A motion to print, was lost.

The reports from the Commissioners to the Slave-holding States were ordered to lie on the table.

Mr. Dowdell offered the following resolution, which was adopted:

Resolved, By the people of the State of Alabama, in Convention assembled: That the Commissioners, heretofore appointed by the Governor of this State to the several Slave-holding states, be, and they are hereby directed, to present to the Conventions of said States, the preamble, ordinance and resolutions, adopted by the people of the State of Alabama, in Convention, on the 11th day of January, 1861, and to request their consideration of, and concurrence in the first resolution.

Mr. Jemison moved that the injunction of secrecy be removed with relation to the examination of the contested election case from Shelby County. Adopted.

On motion by Mr. Earnest, the following resolution was adopted, and the members proceeded to draw for their seats:

Resolved, That the names of the members of this Convention be placed in a box, and be drawn therefrom separately by the door-keeper, and each member, as his name shall be drawn, be permitted to select a seat for the session, and that all the seats be vacated in the meantime.

Mr. Bragg offered the following resolution, which, by his motion, was laid on the table with a view to calling it up to-morrow morning:

Resolved, That the Committee on Foreign Relations, be instructed to report a supplemental ordinance, fixing an


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earlier day than the 4th Feb. next, for the assembling of the Convention, proposed to be held for forming a government for a new Southern Confederacy.

Mr. Watts, presented an ordinance, “to transfer to the General Assembly of Alabama, certain powers which have been withdrawn from the Congress of the United States.”

Referred to the Committee on the Judiciary.

Mr. Baker, of Barbour, offered the following resolution, which was adopted.

Resolved, That a certified copy of the following resolution, and of the Ordinance of Secession, be forwarded by the Secretary, to the Commissioners appointed by the Governor to those States whose Conventions have not yet assembled. (The resolution referred to, is recorded above as offered by Mr. Dowdell.)

Mr. Daniel offered a resolution in relation to electing Commissioners to the Convention proposed by the State of South Carolina.

Mr. Bulger proposed a substitute therefore, and on motion by Mr. Jemison the resolution and substitute were referred to the Committee of 13.

Mr. Jewett offered the following resolution.

Resolved, That a special Committee, composed of five members, be appointed by the President, to take into consideration the propriety of declaring the public lands in the State of Alabama, the property of said State; and that they report by ordinance or otherwise.

And Mr. Shortridge, by consent, introduced in connection with it, “an Ordinance with regard to the Public Lands.”

During the discussion, the Convention adjourned until to-morrow morning at 10 o’clock.

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