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FOURTH DAY.

THURSDAY, September 10, 1875.

The Convention met pursuant to adjournment.

Prayer by Rev. Mr. Ralls, of the Convention.

The journal of yesterday was read and approved.

Mr. Callaway offered a resolution instructing the committees to enquire into the expediency of making the Constitution of the State adopted in 1819, the basis of the new Constitution to be framed by this Convention, with such alterations and amendments as will best subserve the ends for which this Convention was called.

Mr. Samford, a substitute that in accordance with the enabling act the Convention shall not make any ordinance, rule or law not clearly of a constitutional nature, nor by its action deprive any person of his office, or his right to said office as now held by him under the Constitution and laws of this State, nor place any property or educational qualification upon the right to vote in this State, nor to do any act, but to frame and recommend for adoption a Constitution amendatory and revisory of the Constitution now in force in this State.

Mr. Calloway, by leave, withdrew his resolution.

Mr. Samford then offered his substitute as an original resolution.

Mr. Richards, a substitute that the Convention will adhere as nearly as possible to the provisions of the enabling act under which it has been called, in the formation of a Constitution, and will take the present Constitution as the basis of its action.

Mr. Little, an amendment to the substitute, by striking out all after the word “resolved” and inserting the following:

That in our action in this Convention we will be governed by and adhere to the act of the General Assembly calling this Convention; which amendment was accepted by Mr. Richards in place of his substitute.

Mr. Langdon moved to lay the resolution and substitute on the table, which motion was lost.

Yeas 24, nays 67.

Those who voted yea, are-

Messrs. Aiken, Akers, Bliss, Burns, Curtis, Dickinson, Forwood, Garrett, Hargrove, Herndon, Langdon, Laird, Long, Lowe, Mudd, Musgrove, NeSmith, Nisbett, Oates Pickett, Powell of Tuscaloosa, Samford, Taylor and Torrey-24.

Those who voted nay, are-

Messrs. President, Algood, Battle, Bolling, Booth, Brewer, Brown, Bulger, Burgess, Burton, Calloway, Cobb, Coleman,


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Davis, Flournoy, Foster of Barbour, Foster of Hale, Gamble, Gibson, Gilbreath, Gordon, Green of Choctaw, Green of Conecuh, Gullett, Hames, Harrison, Heflin, Hudson, Ingle, Inzer, Jones, Kelly, Knox, Lea of Dallas, Lewis, Little, Livingston, Lyon, Manasco, Martin, McClellan, Meadows, Moron, Murphree, Norwood, Nowlin, O’Bannon, O'Neal, Parks, Plowman, Powell of Bullock, Prince, Pugh, Ralls, Rather, Rice, Richards, Samford, Scott, Smith, Sterrett, Stone, Sykes, White, Willett and Woolf-27.

Mr. Powell of Bullock, offered as an amendment to the amendment the following: “And in framing a Constitution for submission to the people, this Convention shall take the present Constitution as the basis of its action.” The amendment was lost. Yeas 27, nays 65.

Those who voted yea, are-

Messrs. Aiken, Bliss, Booth, Brown, Bulger, Burton, Carson, Cobb, Curtis, Delbridge, Foster of Hale, Gibson, Gullett, Heflin, Knox, Livingston, McClellan, NeSmith, O’Neal, Plowman, Powell of Bullock, Rice, Richards, Smith, Sterrett, Sykes and White-27.

Those who voted nay, are-

Messrs. President, Akers, Allgood, Battle, Bolling, Brewer, Burgess, Callaway, Coleman, Davis, Dickinson, Flournoy, Forwood, Foster of Barbour, Gamble, Garrett, Gilbreath, Gordon, Green of Choctaw, Green of Conecuh, Hames, Hargrove, Herndon, Hudson, Ingle, Inzer, Jones, Kelly, Langdon, Laird, Lea of Dallas, Lewis, Little, Long, Lowe, Lyon, Manasco, Martin, Meadows, Moren, Mudd, Murphree, Musgrove, Nesbitt, Nowlen, Oates, O’Bannon, Parks, Pickett, Powell of Tuscaloosa, Prince, Pugh, Ralls, Rather, Robinson, Samford, Scott, Stone, Swan, Taylor, Torrey, Weathers, Willett and Woolf-65.

Mr. Samford then, with leave, accepted Mr. Little’s substitute, and the resolution as thus amended was then adopted.

Mr. President announced the following committees:

On Contested Elections-Messrs. Cobb, Samford, Hargrove, Prince and Ingle.

On the communication of John H. White, stenographer- Messrs. Garrett, Herndon, Rice, Pickett and Pugh.

Mr. Martin. Propositions in the alternative to be submitted to the people apart from the Constitution, but to be voted for at the election for the ratification of the Constitution on the subject of exemptions. Referred to committee on exemptions.


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Mr. McClellan, a proposition in relation to exemptions.

Referred to committee on exemptions.

Mr. Foster of Barbour, a resolution providing for the appointment of a committee of seven, to be called the “committee on an address to the people,” which committee shall prepare and report to this body, after the completion of the work of revising and amending the Constitution, an address to be issued by the Convention explanatory of the action thereof.

Adopted.

Mr. Battle, a proposition relating to militia organizations.

Referred to committee on militia.

Mr. Prince, a resolution reducing the judicial districts to eight; abolishing county solicitors and substituting district solicitors, but not to take effect until the expiration of present terms; reducing chancery divisions to three, and that these officers shall be elected, as at present, by the people. Referred to committee on judicial department.

Mr. Swan, a resolution that the social status of the citizen shall never be the subject of legislation. Referred to committee on bill of rights.

Mr. Inzer, a resolution that the committee on corporations be instructed to enquire into the propriety of empowering the General Assembly to form new counties by this State of not less extent than five hundred square miles. Referred to committee on corporations.

Mr. Jones, a resolution instructing the committee on legislative department to enquire into the expediency of so amending section 32, article 4, of the present constitution, as to prohibit the legislature from endorsing the bonds or lending the credit of the State to railroads, or other works of internal improvement. Referred to committee on legislative department.

Mr. Kelley, a resolution that the House of Representatives be composed of one member from each county, and that the Senate be composed of twenty-five members, distributed in proportion to population; provided, that no county shall be divided in order to make a senatorial district. Referred to committee on elections and basis of representation.

Also, a resolution fixing the per diem of senators and representatives at four dollars, and mileage at ten cents a mile each way. Referred to committee on finance and taxation.

Mr. Manasco, a resolution that the committee on exemptions be instructed to enquire into the expediency of adopting an article re-establishing the exemption law as it stands in the Code of Alabama, except the act approved February 19, 1867.

Referred to committee on exemptions.


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Mr. Foster of Barbour, a resolution that the committee on legislative department be instructed to enquire as to what clause, if any, shall be inserted in the constitution allowing and requiring the legislature to regulate and graduate the fees and perquisites of officers of courts in proportion to the population of the several counties in the State. Referred to committee on legislative department.

Also, a resolution that the committee on elections and basis of representation be instructed to enquire into the expediency of inserting into the constitution a clause making vacant the office of any State, county or municipal officer, who refuses on proper arid legal demand by any person or authority entitled or authorized to receive the same, to pay over any money which has gone into his lands or possession by virtue of his office. Referred to committee on elections and basis of representation.

Also, a resolution looking to incorporating in the constitution a clause forbidding any officer in any city, county or town, to receive as fees or perquisites a salary of more than five thousand dollars.

Also, to require each State, county and municipal officer to file quarterly a statement of receipts for fees, salary and perquisites.

Also, rendering vacant the office of any one violating the provisions indicated above;

Referred to committee on legislative department.

Mr. Gibson, a proposition that all grants made by the United States, including sixteenth section fund and other grants, shall be faithfully performed by the payment of 8 per centum annually on the amount of said grants to the townships thereunto entitled, and make it the duty of the legislature to make such other appropriations out of the general taxes of the State as the condition of the finance of the State may demand.

Referred to educational committee.

Mr. Flournoy, a resolution that the committee on elections be required to consider the propriety of changing the day of election, for all State and county officers, from the day now fixed by law to the first Monday in August. Referred to committee on elections.

Mr. Martin, a proposition in relation to impeachment and removal from office. Referred to committee on legislative department.

Mr. Sykes, a proposition making it the duty of the General Assembly to pass such laws as may be necessary to prohibit the intermarriage of white persons with persons of color to the fourth generation, and subject persons contracting such


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marriages to such penalties as may be deemed expedient.

Referred to committee on legislative department.

Also, a resolution that the constitution be so amended as to fix the first Monday in August as the day for all general elections, except elections for presidential electors and members of congress. Referred to committee on elections.

Mr. Willett, a proposition, as follows: The State of Alabama is a free and independent State, sovereign in her territorial limits, subject to the Constitution of the United States. The preservation of the States and maintenance of their governments are necessary to a Union of co-equal States, and were intended to co-exist with the Union, and any change or amendment of the Constitution of the United States without the consent of the State, obtained by the mode prescribed by the Constitution of the United States, is an infringement on the rights of local self-government belonging to the people of this State. Referred to committee on bill of rights.

Also, a proposition fixing the number of senators at not exceeding thirty-three, to be chosen for four years and that no person who has not attained the age of thirty years, and who is not a citizen of the United States, and who has not been a qualified voter of this State for four years, and a resident of his district for one year, shall be chosen as a senator. Referred to legislative department.

Also, a proposition limiting the powers of the General Assembly. Referred to committee on legislative department.

Also, a proposition that the General Assembly shall meet biennially, on such day as may be prescribed by law, and shall not remain in session longer than forty days, except by a vote of three-fourths of each house. Referred to committee on legislative department.

Mr. Jones, a resolution that the committee on the bill of rights enquire into the expediency of inserting a separate clause in that department of the new constitution declaring the civil to be superior to the military power. Referred to committee on bill of rights.

Mr. Powell of Bullock, a proposition in relation to education. Referred to committee on education.

Mr. Herndon, a proposition relating to exemptions.

Mr. Powell of Tuscaloosa, a proposition in relation to the exemption of property from sale. Referred to committee on exemptions.

Mr. Livingston, a proposition that stockholders in incorporated companies for the development of the agricultural, manufacturing, mineral and mining interests of the State shall not be held individually liable for any debt contracted by such


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companies for a greater sum than the amount of their unpaid stock. Referred to committee on corporations.

Also, a proposition prohibiting the General Assembly from authorizing any county, city, town or township or other political corporation or subdivision of the State to lend its credit.

Also, from legalizing the unauthorized acts of any officer, or agent of the State, or of any county or municipality thereof. Referred to committee on legislative department.

Mr. Ralls, a resolution that the power of the courts to punish for contempt, shall be limited by legislative acts. Referred to committee on bill of rights.

Also, a resolution that no citizen shall be denied the privilege of holding any public office or trust, because of his religious sentiments. Referred to committee on bill of rights.

On motion of Mr. Little, the convention adjourned until 12 o’clock to-morrow.

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