CCC

TWELFTH DAY.

SATURDAY, September 18, 1875.

The Convention met pursuant to adjournment.

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

The journal of yesterday was read and approved.

Mr. Harrison, with leave, offered a resolution-

1. That the President of the Convention be requested to forward a copy of the memorial reported by the committee on education, to the President of the Senate and Speaker of the House of Representatives of the Congress of the United States, with the request that they present said memorial to their respective houses.

2. That the Secretary of the convention be instructed to forward a copy of the said memorial to Senator Goldthwaite and each of our Representatives in Congress, with the request that they bring the subject matter thereof to the consideration of congress and urge the granting of the petition therein contained.


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Mr. Garrett moved to amend by striking out “Senator Goldthwaite” and inserting “our Senators.”

Mr. Lowe moved to lay the amendment on the table, which motion was lost.

The amendment was adopted, and the resolution, as amended, was then adopted.

Mr. Aiken, a proposition as section__of the schedule.

Referred to the committee on order, consistency and harmony of the constitution.

Mr. Lea of Baldwin, a proposition that whenever, in this State, any person is sentenced to be punished by death, the court must direct that he be hanged by the neck until he is dead, in the prison wherever he is confined, or in some other more convenient but private place. Referred to committee on executive department.

The report of the committee on finance and taxation then came up for consideration.

On motion of Mr. Powell of Tuscaloosa, the further consideration of the report was postponed until Tuesday next.

On motion of Mr. Battle, the convention proceeded to the consideration of the report of the committee on militia.

The first section was read as follows:

All able bodied male inhabitants of this State between the ages of 18 and 45 years, who are citizens of the United States or have declared their intention to become such citizens, shall be liable to militia duty in the militia of the State; Provided, That no person who is religiously scrupulous of bearing arms can be compelled to do so, but may be compelled to pay an equivalent for military service in such manner as may be prescribed by law.

On motion of Mr. Battle, the proviso was stricken out.

The section, thus amended, was adopted.

Sections two and three ware adopted as follows:

SEC. 2. The General Assembly, in providing for the organization, equipment and discipline of the militia, shall conform as nearly as practicable to the regulations for the government of the armies of the United States.

SEC. 3. Each company and regiment shall elect its own company and regimental officers; but if any company or regiment shall neglect to elect such officers within the time prescribed by law, they may be appointed by the Governor.

Section four was read as follows:

Volunteer organizations of infantry, cavalry and artillery may be formed, under such restrictions and privileges as may be provided by law.

Mr. Battle moved to amend by inserting “with such” be-


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tween the words “and” and “privileges” in the second line, which amendment was adopted.

The section, thus amended, was adopted.

Section five was adopted, as follows:

The volunteer and militia forces shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at muster, parades and elections, and in going to and returning from the same.

Section six was read as follows:

The Governor shall be commander-in-chief of the militia and volunteer forces of the State, and shall, with the advice and consent of the Senate, appoint all general officers. The Governor, the general, and regimental and battalion commanders shall appoint their own staffs, as may be provided by law.

Mr. Harrison moved to strike out the words “militia and volunteer forces” and insert “army and navy;” which was lost.

Mr. Oates moved to amend by adding after the word “State” the words “except when called into the service of the United States;” which was adopted.

Mr. Willett moved to strike out the word “Governor;” which was lost.

Mr. Samford moved to amend by inserting after the word “officers” the words “whose terms of office shall be four years, and who shall receive no compensation except when in actual service.”

Mr. Richards moved to amend the amendment by striking out all after the word “years;” which was accepted, and the amendment was then adopted.

Mr. Harrison offered the following amendment, which was lost:

The term of office of all officers heretofore appointed shall terminate at the close of the next session of the General Assembly; which was lost.

The section, as amended, was then adopted.

Sections 7 and 8 were then adopted, as follows:

SEC. 7. The General Assembly shall provide for the safe keeping of the arms, ammunition and accoutrements, military records, banners and relics of the State.

SEC. 8. The officers and men of the volunteer and militia forces shall not be entitled to, or receive, any pay, rations and emoluments when not in actual service.

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

On motion of Mr. Oates, the report of the committee on


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the executive department was taken up, and considered section by section.

The first and second sections were adopted as follows:

SEC. 1. The Executive Department shall consist of a Governor, Secretary of State, State Treasurer, State Auditor, and Attorney General, and a Sheriff for each county.

SEC. 2. The supreme executive power of this State shall be vested in a chief magistrate, who shall be styled “the Governor of the State of Alabama.”

The third section was read as follows:

SEC. 3. The Governor, Secretary of State, State Treasurer, State Auditor, and Attorney General, shall be elected by the qualified electors of this State, on the first Monday of August, one thousand, eight hundred and seventy-six, and every four years thereafter, or at such other time as the General Assembly may, after August, one thousand, eight hundred and seventy-six, prescribe by law.

Mr. McClellan moved to strike out the word “four” and insert “two.”

Mr. Foster of Barbour moved to lay the amendment on the table; which motion was lost-ayes 36, noes 48.

Those who voted aye are-

Messrs. President, Akers, Allgood, Bolling, Bulger, Burgess, Callaway, Carson, Curtis, Dickinson, Forwood, Foster of Barbour, Gilbreath, Green of Choctaw, Green of Conecuh, Hames, Hargrove, Herndon, Ingle, Langdon, Lea of Baldwin, Lea of Dallas, Long, Lowe, Lyon, Martin, Nisbett, O’Bannon, Prince, Pugh, Richards, Smith, Stone, Torrey, Willett and Woolf-36.

Those who voted nay are-

Messrs. Aiken, Battle Bliss, Booth, Brewer, Brown, Burton, Davis, Delbridge, Flournoy, Foster of Hale, Garrett, Gibson, Gordon, Gullett, Harrison, Heflin, Inzer, Kelly, Knox, Laird, Little, Livingston, Manasco, McClellan, Meadows, Mudd, Murphree, Musgrove, NeSmith, Norwood, Nowlen, Oates, O’Neal, Parks, Pickett, Plowman, Powell of Bullock, Powell of Tuscaloosa, Ralls, Rather, Rice, Robinson, Samford, Scott, Swan, Weathers and White-48.

Pending consideration of the amendment offered by Mr. McClellan, on motion of Mr. Oates, the Convention adjourned until 11 o’clock Monday.