TENTH DAY.

THURSDAY, September 16, 1875.

The convention met pursuant to adjournment.

Prayer by Rev. Dr. Gwin.

Journal of yesterday being partly read, on motion of Mr. Foster of Barbour, the further reading was dispensed with, on account of its length.

Mr. Lowe offered a proposition that the General Assembly shall enact no law requiring a citizen of the State to obtain a license to engage in or carry on any useful trade or occupation, nor shall such power be delegated to any county, town or municipal corporation; provided, the General Assembly shall have full power to enact laws for the issue of retail licenses, or regulations promotive of the comfort, safety, decency and good order of society. Referred to legislative department.

Mr. Swan, a proposition that the duties of county superintendent be imposed upon the probate judge, and that he shall receive for his services one per cent of all the money paid out by him to teachers. Referred to committee on education.

Mr. Knox, a resolution that Section 13 of Article VI, of the present constitution, be amended by striking out all after the word “provided.”

Mr. Burns, a proposition that no property, assets or wages of delinquents shall be exempt from the payment of any taxes due to State, county or city. Referred to committee on finance and taxation.

Mr. Inzer moved to suspend the order of business so as to take up the bill of rights; which motion was carried.


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The question was upon, the adoption of the amendment offered by Mr. Rice to the 15th section.

Mr. Moren moved to lay the amendment on the table; which motion was carried.

Yeas 87, nays 8.

Those who voted yea, are-

Messrs. President, Aiken, Allgood, Bliss, Bolling, Booth, Brewer, Brown, Burgess, Burns, Burton, Callaway, Cobb, Coleman, Davis, Delbridge, Dickinson, Flournoy, Forwood, Foster of Barbour, Gamble, Garrett, Gibson, Gilbreath, Cordon, Green of Choctaw, Green of Conecuh, Gullett, Hames, Hargrove, Harrison, Heflin, Herndon, Hudson, Ingle, Inzer Johnson of Macon, Jones, Kelly, Langdon, Laird, Lea of Dallas, Little, Livingston, Long, Lowe, Lyon, Manasco, Martin, McClellan, Meadows, Moren, Mudd, Murphree, Musgrove, NeSmith, Nisbett, Norwood, Nowlen, Oates, O’Bannon, O’Neal, Parks, Pickett, Powell of Bullock, Powell of Tuscaloosa, Prince, Pugh, Ralls, Rather, Richards, Robinson, Samford, Scott, Smith, Sterrett, Stone, Swan, Sykes, Taylor, Torrey, Weathers, White, Willett and Woolf-87.

Those who voted nay, are-

Messrs. Bulger, Carson, Curtis, Foster of Hale, Knox, Lewis, Plowman and Rice-8.

Mr. Meadows, an amendment to 15th section, “except as trustees in respect to trust funds received from and under any acts of congress of the United States or other sources for educational purposes.”

On motion of Mr. Richards, the amendment was laid on the table.

Mr. Rice, an amendment to 15th section, as follows:-“But it is, hereby made the imperative duty of the General Assembly at its next session, as well as at each ensuing session, upon the application by petition or otherwise to that body to ascertain without delay the liability of the State for and in respect to such trust funds originally derived from or received under an act of congress, as may be made in such application and in whose favor such liability exists, and to make such provisions for its ultimate satisfaction as the General Assembly may think consistent with the welfare and good faith of the State as a trustee.”

Mr. Harrison moved the previous question, which prevailed, and the amendment was cut off.

The 15th section was then adopted.

The 16th, 17th, 18th, 19th, 20th, 21st and 22d sections were adopted, as follows:

SEC. 16. That excessive fines shall not be imposed, nor cruel or unusual punishments inflicted.

SEC.17. That all persons shall, before conviction, be bail-


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able by sufficient sureties, except for capital offenses when the proof is evident or the presumption great; and that excessive bail shall not, in any case, be required.

SEC. 18. That the privilege of the writ of habeas corpus shall not be suspended by the authorities of this State.

SEC 19. That treason against the State shall consist only in levying war against it, or adhering to its enemies, giving them aid and comfort; and that no person shall be convicted of treason except on the testimony of two witnesses to the same overt act, or his own confession in open court.

SEC. 20. That no person shall be attainted of treason by the General Assembly; and that no conviction shall work corruption of blood or forfeiture of estate.

SEC. 21. That no person shall be imprisoned for debt.

SEC. 22. That no power of suspending laws shall be exercised, except by the General Assembly.

Section 23 was read, as follows:

“That no ex post facto law, or any law impairing the obligation of contracts, or retrospective in its operations, or making any irrevocable grants of special privileges or immunities shall be passed by the General Assembly.”

Mr. Oates moved to amend section 23 by striking out the words “or retrospective in its operation.” Adopted, and the section, as amended, was adopted.

Section 24 was then read, as follows:

“That private property shall not be taken or applied for public use, unless just compensation is made therefore; nor shall property be taken for private use, or for the use of corporations other than municipal, without the consent of the owner; Provided, however, that laws may be made securing to persons or corporations the right of way over the lands of either persons or corporations, and for works of internal improvement, the right to establish depots, stations and turnouts, but just compensation shall in all cases be first made to the owner.”

Mr. Herndon offered the following as a substitute for section 24:

The exercise of the right of eminent domain shall never be abridged, or so construed as to prevent the General Assembly from taking the property and franchises of incorporated companies and subjecting them to public use same as individuals.

But private property shall not be taken or applied for public use, unless last compensation be first made therefore; nor shall private property be taken for private use or for use of corporation, other then municipal, without the consent of the owner; Provided, however, the General Assembly may by


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general laws provide for and regulate the exercise by persons or corporations of the right herein reserved.

Mr. Samford offered as amendment to the substitute the following:

Provided, That right of eminent domain shall not be so construed as to allow taxation or forced subscription for the benefit of railroads or any other kind of corporations, other than municipal, or for the benefit of, any individual or association.

Mr. Herndon accepted the amendment.

Mr. Harrison offered to amend as follows:

Provided, however, that laws may be made securing to persons the right of way over the lands of either persons or corporations.

Mr. Coleman proposed as amendment to last amendment, “but in all cases just compensation shall be allowed;” which was accepted.

Mr. McClellan moved to recommit section 24, and all amendments thereto, to committee on bill of rights; which was carried.

Section 25 was read: That all navigable waters shall remain forever public highways, free to the citizens of the State and of the United States, without tax, impost or toll imposed; and that no tax, toll, impost or wharfage shall be demanded or received from the owner of any merchandise or commodity for the use of the shores, or any wharf erected on the shores, or in or over the waters of any navigable stream, unless the same be expressly authorized by the General Assembly.

Mr. Plowman moved to amend by striking out the words “unless the same be expressly authorized by the General Assembly.”

On motion of Mr. Parks the amendment was laid upon the table.

Section 25 was adopted.

Section 26 was adopted as follows: That the citizens have a right, in a peaceable manner, to assemble together for the common good, and to apply to those invested with the power of government for redress of grievances, or other purposes, by petition, address or remonstrance.

Section 27 was read: That every citizen has a right to bear arms in defense of himself and the State.

Mr. Oates moved to amend as follows: But no one shall, except when in the service of the State, carry about his person a pistol, or bowie knife or knife of like kind, unless he be


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traveling, or setting out on a journey, or is threatened with, or has good reason to apprehend an attack.

Mr. Richards moved to lay the amendment on the table; which motion was carried.

Section 27 was adopted.

Section 28 was read: That no person who conscientiously scruples to bear arms shall be compelled to do so, but may pay an equivalent for personal services.

On motion of Mr. Samford the section was stricken out.

Sections 29, 30 and 31 was adopted as follows:

SEC. 29. That no standing army shall be kept up without the consent of the General Assembly; and, in that case, no appropriation for its support shall be made for a longer term than one year, and the military shall, in all cases and at all times, be in strict subordination to the civil power.

SEC. 30. That no soldier shall, in time of peace, be quartered in any house without the consent of the owner; or in time of war, but in a manner prescribed by law.

SEC. 31. That no title of nobility, or hereditary distinction, privilege, honor or emolument, shall ever be granted or conferred in this State; and that no office shall be created, the appointment to which shall be for a longer time than during good behavior.

Section 32 was read: That emigration from the State shall not be prohibited, and that no citizen shall be exiled.

Mr. Stone moved to amend by adding the following words: “and that immigration to the State shall be encouraged.”

The amendment was adopted, and the section was then adopted.

Sections 33, 34 and 35 were adopted as follows:

SEC. 33. That temporary absence from the State shall not be a forfeiture of residence once obtained.

SEC. 34. That no form of slavery shall exist in this State, and there shall be no involuntary servitude otherwise than for the punishment of crime, of which the party shall have been duly convicted.

SEC. 35. The right of suffrage shall be protected by laws regulating elections, and prohibiting under adequate penalties, all undue influences from power, bribery, tumult, or other improper conduct.

Section 36 was read: That this State shall never claim or exercise any right to sever its relations with the Federal Union, or pass any law in derogation of the authority of the Government of the United States.

Mr. Knox moved to substitute the following minority report, to-wit:


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SEC. 36. That this State has no right to sever its relations to the Federal Union, or to pass any law in derogation of the paramount allegiance of the citizens of this State to the Government of the United States.

Mr. Martin moved to lay the substitute on the table; which was carried-yeas 77, nays 10.

Those who voted yea are-

Messrs. President, Aiken, Akers, Allgood, Battle, Bliss, Bolling, Brewer, Brown, Burgess, Burns, Burton, Callaway, Cobb, Coleman, Davis, Dickinson, Flournoy, Forwood, Foster of Barbour, Gamble, Garrett, Gibson, Gilbreath, Gordon, Green of Choctaw, Green of Conecuh, Gullett, Hames, Hargrove, Harrison, Heflin, Herndon, Hudson, Inzer, Johnson of Macon, Jones, Kelly, Langdon, Laird, Lea of Dallas, Little, Lowe, Manasco, Martin, McClellan, Meadows, Moren, Murphree, Musgrove, NeSmith, Norwood, Nowlen, Oates, O’Bannon, O’Neal, Park, Pickett, Powell of Tuscaloosa, Prince, Pugh, Ralls, Rather, Richards, Robinson, Samford, Scott, Smith, Sterrett, Stone, Swan, Sykes, Taylor, Torrey, Weathers, White, Willett and Woolf-77.

Those who voted nay are-

Messrs. Booth, Bulger, Carson, Curtis, Delbridge, Foster of Hale, Knox, Lewis, Plowman and Rice-10.

Mr. Pickett moved to strike out the section.

Mr. Lowe moved to lay the motion upon the table; which motion was carried-ayes 75, noes 15.

Those who voted yea are-

Messrs. President, Aiken, Akers, Allgood. Battle, Bliss, Bolling, Brewer, Brown, Burgess, Burton, Callaway, Cobb, Coleman, Davis, Delbridge, Dickinson, Flournoy, Forwood, Foster of Barbour, Foster of Hale, Garrett, Gibson, Gilbreath, Gordon, Green of Choctaw. Green of Conecuh, Gullett, Hames, Hargrove, Heflin, Herndon, Hudson, Ingle, Inzer, Johnson of Macon, Jones, Kelly, Langdon, Lewis, Little, Long, Lowe, Manasco, Martin, NeSmith, Norwood, Nowlen, O’Bannon, McClellan, Meadows, Moren, Murphree, O’Neal, Parks, Powell of Tuscaloosa, Prince, Pugh, Ralls, Rather, Richards, Samford, Scott, Smith, Sterrett, Stone, Swan, Sykes, Taylor, Torrey, Weathers, White, Willett and Woolf-75.

Those who voted nay are-

Messrs. Booth, Bulger, Burns, Carson, Curtis, Harrison, Knox, Laird, Lea of Dallas, Livingston, Pickett, Plowman, Powell of Bullock, Rice and Robinson-15.

Mr. Lowe offered the following substitute for said section:

The people of this State accept as conclusive the construc-


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tion now established that the Federal compact between the United States of America is an indissoluble Union of indestructible States, and from this Union there can be no secession of any State.

Mr. Pickett moved to lay the substitute on the table, which motion was carried-ayes 53, noes 35.

Those who voted yea are-

Messrs. President Akers. Allgood, Battle, Bliss, Bolling, Brewer, Brown, Burton, Callaway, Cobb, Coleman, Davis, Dickinson, Forwood, Foster of Barbour, Gamble, Gibson, Green of Choctaw, Green of Conecuh, Gullett, Hames, Harrison, Heflin, Herndon, Inzer, Johnson of Macon, Lea of Dallas, Little, Long, Manasco, Martin, Moren, Murphree, Musgrove, Norwood, Nowlen, O’Bannon, O’Neal, Parks, Pickett, Powell of Tuscaloosa, Prince, Rather, Robinson, Samford, Smith, Sterrett, Stone, Sykes, Torrey, Weathers and Willett-53.

Those who voted nay are-

Messrs. Aiken, Booth, Bulger, Burgess, Burns; Carson, Curtis, Delbridge, Flournoy, Foster of Hale, Gilbreath, Cordon, Hargrove, Jones, Knot, Langdon, Laird, Lewis, Livingston, Lowe, McClellan, Meadows, NeSmith, Plowman, Powell of Bullock, Pugh, Rather, Rice, Richards, Scott, Swan, Taylor, White and Woolf-35.

Mr. Harrison moved the previous question, and the call was sustained and section adopted-yeas 81, nays 7.

Those who voted yea are-

Messrs. President, Aiken, Akers, Allgood, Battle, Bliss, Bolling, Booth, Brewer, Brown, Bulger, Burgess, Burns, Burton, Callaway, Cobb, Coleman, Delbridge, Dickinson, Flournoy, Forwood, Foster of Barbour, Gamble, Garrett, Gibson, Gilbreath, Gordon, Green of Choctaw, Green of Conecuh,Gullett, Hames, Hargrove, Heflin, Herndon, Hudson, Ingle, Inzer, Johnson of Macon, Jones, Kelly, Knox, Langdon, Laird, Lea of Dallas, Little, Long, Manasco, Martin, Meadows, Moron, Murphree, Musgrove, NeSmith, Norwood, Nowlen, Oates, O’Bannon, O’Neal, Plowman, Powell of Bullock, Prince, Pugh, Rather, Rice, Richards, Robinson, Scott, Smith, Sterrett, Stone, Swan, Sykes, Taylor, Torrey, Weathers, White, Willett and Woolf-81.

Those who voted nay are-

Messrs. Curtis, Foster of Hale, Harrison, Lewis, Lowe, McClellan, Pickett and Samford-7.

Mr. Langdon offered the following additional section, to follow the section known as section 36:

That Alabama is a free and independent State, subject only


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to the Constitution of the United States; and, as the preservation of the States and the maintenance of their governments are necessary, to an indestructible Union, and were intended to co-exist with it, the General Assembly is not authorized to adopt, nor will the people ever assent to, any amendment of the Constitution of the United States which may, in any wise, impair the right of local self-government belonging to the people of this State.

Mr. Foster of Barbour called for the previous question; and the call was not sustained.

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

CCB