ELEVENTH DAY.

FRIDAY, September 17, 1875.

The Convention met pursuant to adjournment.

Prayer by Rev. Dr. Gwin of this city.

On motion of Mr. Powell of Tuscaloosa, the reading of the journal was dispensed with.

Mr. O’Neal moved that the vote by which the Convention on yesterday adopted section 36 of the bill of rights be reconsidered; which motion was carried-ayes 89, noes 2.

Those who voted nay are-

Messrs. Burns, and Foster of Hale.

Mr. Pugh then offered the following substitute for section 36:

The people of this State accept as final the established fact that from the Federal Union there can be no secession of any State.

Mr. Pugh demanded the previous question upon his substitute; and the call was sustained-yeas 82, nays 10.

Those who voted yea are-

Messrs. President, Aiken, Akers, Allgood, Battle, Bliss, Bolling, Brewer, Brown, Burgess, Burton, Callaway, Cobb, Coleman, Davis, Dickinson, Flournoy, Foster of Barbour, Foster of Hale, Forwood, 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 Baldwin, Lea of Dallas, Little, 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, Prince, Pugh, Ralls,


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Rather, Richards, Robinson, Samford, Scott, Smith, Sterrett, Stone, Swan, Sykes, Torrey, Weathers, White, Willett and Woolf-82.

Those who voted nay are-

Messrs. Booth, Bulger, Burns, Curtis, Delbridge, Knox, Lewis, Livingston, Plowman and Rice-10.

The substitute for section 36 was then adopted-yeas 94, nays none.

Mr. Little moved to suspend the regular order of business in order to continue the consideration of the bill of rights; which motion was carried.

Mr. Langdon, with leave, withdrew the proposed additional section submitted by him on yesterday.

Mr. Aiken moved to strike out section 37, which reads as follows:

Foreigners who are, or may hereafter become bona fide residents of this State, shall enjoy the same rights in respect to the possession and enjoyment and inheritance of property, as native born citizens.

Mr. Foster of Barbour moved to lay the motion upon the table; which motion was carried.

Mr. Lewis moved to amend by striking out the words “bona fide.”

Mr. McClellan moved to lay the motion upon the table; which motion was carried.

The section was then adopted.

Section 38 was read as follows:

That the sole object and only legitimate end of government is to protect the citizen in the enjoyment of life, liberty and property; and when the government assumes other functions it is usurpation and oppression.

Mr. Foster of Hale, moved to amend by striking out all after the word “property.”

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

The section was then adopted.

Section 39 was read as follows:

The Legislature shall impose no educational or property qualification for suffrage or office, nor any restraint upon the same, on account of race, color or previous condition of servitude.

On motion of Mr. Herndon, the word “Legislature” was stricken out and the words “General Assembly” inserted in lieu thereof.

Mr. Murphree moved to amend by striking out the word “or” after the word race; which amendment was adopted.


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Mr. Booth moved to amend by adding, “or for non-payment of taxes.”

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

Mr. Rice moved to amend by adding: “The right of no qualified voter in this State, shall ever be dependent upon his having the actual possession of any certificate or other written or printed instrument, when he offers his vote at any election in this State.”

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

The 39th section, as amended, was then adopted.

Section 40 was then adopted, as follows:

“That this enumeration of certain rights, shall not impair or deny others retained by the people.”

Mr. Stone offered the following as a substitute for section 24, which had been recommitted to the committee on the bill of rights.

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, the same as individuals. But private property shall not be taken or applied for public use unless just compensation be first made therefore; nor shall private property be taken for private use or for use of corporations, other than municipal, without the consent of the owner; Provided, however, that the General Assembly may by law secure to persons or corporations the right of way over the lands of other persons or corporations, and by general laws provide for and regulate the exercise by persons or corporations of the right herein reserved, but just compensation shall in all cases be first made to the owner; and, provided further, 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.”

The substitute was adopted, and the section, as amended, was then adopted.

The bill of rights was then referred to the committee on the order, consistency and harmony of the whole constitution.

Mr. Moore, from the committee on the amendments and miscellaneous provisions, reported the following article:


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ARTICLE.

MODE OF AMENDING THE CONSTITUTION.

SEC. 1. The General Assembly may, whenever two-thirds of each house shall deem it necessary, propose amendments to the constitution, which, having been read three times on three successive days, shall be duly published, in such manner as the General Assembly may direct, at least three months before the next general election for representatives, for the consideration of the people; and it shall be the duty of the several returning officers at the next general election which shall be held for representatives, to open a poll for the vote of the qualified electors on the proposed amendments, and to make a return of said vote to the Secretary of State; and if it shall thereupon appear that a majority of all the qualified electors of the State, who voted for representatives, voted in favor of the proposed amendments, said amendments shall be valid to all intents and purposes as parts of this constitution, and the result of such election shall be made known by proclamation of the Governor.

SEC. 2. No convention shall hereafter be held for the purpose of altering or amending the constitution of this State, unless the question of convention or no convention shall be first submitted to a vote of all the electors twenty-one years of age and upwards, and approved by a majority of electors voting at said election.

Also, from same committee, an article on miscellaneous provisions, as follows:

MISCELLANEOUS PROVISIONS.

1. No person holding an office of profit under the United States, shall, during his continuance in such office, hold any office of profit under this State.

2. The General Assembly shall have no power to authorize lotteries or gift enterprizes, for any purpose, and shall pass laws to prohibit the sale of lottery or gift enterprise tickets, or tickets in any scheme in the nature of a lottery, in this State, and all acts, or parts of acts, heretofore passed by the General Assembly of this State, authorizing a lottery or lotteries, and all acts amendatory thereof, or supplemental thereto, are hereby avoided.

Both reports were ordered to lie on the table and one hundred copies to be printed.


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Mr. Oates, from the committee on the judicial department, submitted a report, and article for the constitution.

Mr. McClellan, from the same committee, submitted a minority report, for himself, Mr. Cobb and Mr. Mudd, as to sections 4, 25, 28 and 29.

On motion of Mr. Garrett, the reports were laid on the table and 100 copies ordered printed.

Mr. O’Neal, from the committee on education, submitted a report, accompanied by an article.

Mr. Livingston, from same committee, submitted a minority report.

On motion of Mr. Lowe, the reports were laid on the table and 100 copies ordered printed.

Mr. Lyon, from the committee on legislative department, submitted a report and article, and, on his motion, they were laid on the table and 200 copies ordered printed.

Mr. Mudd, from the committee on elections and basis of representation, reported the following:

ARTICLE

SUFFRAGE AND ELECTIONS.

SEC. 1. Every male citizen of the United States, and every male person of foreign birth, who may have declared his intention to become a citizen of the United States, one month before he offers to vote, who is twenty-one years old or upwards, possessing the following qualifications, and who shall have registered as hereinafter provided, shall be an elector, and shall be entitled to vote at any election by the people:

First.‑He shall have resided in the State at least one year immediately preceding the election at which be offers to vote.

Second.‑He shall have resided in the county for three months, and in the precinct, district or ward for fifteen days immediately preceding the election at which he offers to vote; Provided, That no soldier, or sailor, or marine in the military or naval service of the United States shall acquire a residence by being stationed in this State.

SEC. 2. All elections by the people shall be by ballot, and all elections by persons in a representative capacity shall be viva voce.

SEC. 3. It shall be the duty of the General Assembly to provide, from time to time, in the registration of all electors, but the following classes shall not be permitted to register, vote or hold office:

1. Those that shall have been convicted of treason, embezzlement of the public funds, malfeasance in office, or crime


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punishable by imprisonment in the penitentiary, or bribery.

2. Those who are idiots or insane.

SEC. 4. All persons who shall be required to register hereafter, in order to entitle them to vote, shall take and subscribe the following oath:

“I,_____________, do solemnly swear (or affirm) that I will support the Constitution and Laws of the United States, and the Constitution and Laws of the State of Alabama, and that I possess the qualifications of an elector as provided by the Constitution and Laws of the State of Alabama.”

SEC. 5. Electors shall in all cases, except treason, felony or breach of the peace, be privileged from arrest during their attendance at elections, or while going to and returning therefrom.

SEC. 6. The General Assembly shall pass laws, not inconsistent with the Constitution, to regulate and govern elections in this State, and all such laws shall be uniform throughout the State.

SEC. 7. It shall be the duty of the General Assembly to pass adequate laws giving protection against the evils arising from the use of intoxicating liquors at elections.

SEC. 8. Returns of elections for all civil officers who are to be commissioned by the Governor, and for members of the General Assembly, shall be made to the Secretary of State.

Ordered to lie on the table, and one hundred copies to be printed.

Mr. Cobb, with leave, offered the following resolution, which was adopted:

Resolved, That the President of this Convention appoint a clerk for the purpose of enrolling the reports of committees as they shall be adopted by the convention.

Mr. O’Neal, from the committee on education, submitted a memorial to the congress of the United States in relation to the Agricultural and Mechanical College at Auburn, the rebuilding and refurnishing of the State University, and educational interests generally in this State.

On motion of Mr. White, the memorial was unanimously adopted.

On motion of Mr. Inzer, the convention proceeded to the consideration of the article on finance and taxation, submitted by Mr. Sykes on the 14th inst.

The first and second sections were adopted.

On motion of Mr. Cobb, the consideration of the third section was postponed for the present.

Mr. Livingston moved to amend the fourth section, as follows:


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Provided, That the General Assembly may, on undoubted security, by a vote of five-sixths of all the members of both houses thereof, loan its credit in aid of and to assist the General Government in removing obstructions to navigation in the Coosa river.

On motion of Mr. Sykes, the amendment was laid upon the table.

Mr. McClellan moved to amend by inserting the words “directly or indirectly,” after the word “never.”

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

Mr. Hargrove offered the following as a substitute for section four:

The General Assembly shall have no power to authorize any county, city, town or political corporation or subdivision of the State now existing, or that may be hereafter established, to lend its credit or to grant public money or other thing of value in aid of or to any individual, association or corporation whatsoever, or to become a stockholder in such corporation, association or company; provided, that these restrictions shall not apply to any city or town in which two-thirds of the owners of the real estate by their votes authorize such loan, grant or subscription.

Mr. Sykes moved to lay the substitute upon the table, which motion was carried.

Mr. Samford moved to amend by inserting after the word “individual” in the third line, the word “associate,” and by striking out “corporation” and inserting “corporate,” which was adopted.

Mr. Sykes moved to strike out the word “other” in the first line, which was carried.

Mr. Powell of Tuscaloosa, moved to amend by inserting after the word “in” in the third line, the words “any work of internal improvement.”

On motion of Mr. Little, the amendment was laid upon the table.

The section, as amended, was then adopted.

Mr. Oates offered the following substitute:

After the ratification of this constitution, no debt shall be created against or incurred by this State or its authority, except-

lst. That the General Assembly shall have power to compromise with the holders of lawful bonds of this State, by substituting therefore new bonds having thirty years to run, renewable and to be extended for twenty years, at the pleasure of the State, and bearing not more than 4 per cent interest,


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payable annually; and upon the acceptance of such new bonds by the creditors of the State, to the amount of one million of dollars or upwards, it shall be the duty of the State Auditor to levy a special tax upon the taxable property of the State of such a per centum only as will be sufficient to pay the accruing annual interest upon such of said new bonds as have been exchanged or negotiated; and upon the 1st Monday in January of each succeeding year, the Auditor shall in like manner levy such special tax as herein provided, as will be necessary to pay the annual accruing interest upon such amount of new bonds as have then been exchanged or negotiated, as in this section provided; and the taxes levied and collected under this section shall be applied exclusively to the payment of interest upon said new bonds, the mode, time and place of such payment to be prescribed by law.

2d. Such amount as may be necessary to repel invasion or suppress insurrection, and then only by a concurrence of two-thirds of the members of each house of the General Assembly, the vote thereon to be taken by yeas and nays and entered on the journals; and any act creating or incurring any debt against this State, except herein provided for, shall be absolutely void.

Pending the consideration of the substitute, on motion of Mr. Pickett, the convention adjourned until 10 o’clock tomorrow.