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THIRTEENTH DAY.

MONDAY, September 20.

The Convention met pursuant to adjournment.

Prayer by Rev. Mr. Ralls of the Convention.

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

Mr. Heflin presented a petition from the citizens of Talladega county, asking that the constitutional limit for counties be reduced to four hundred square miles. Referred to legislative department.

On motion of Mr. Mudd, the general order was suspended for the purpose of taking from the table and recommitting the report made by the committee on elections and basis of representation, fixing “representation.” The report was then recommitted.

Mr. Harrison, a proposition that no tax shall be levied upon persons or property in this State to pay the interest or principal of any bonds, direct or indirect, which have been or may hereafter be issued in aid of any railroad corporation; Provided, The General Assembly shall, at its first session after the ratification of this constitution, transfer by appropriate legislation to the holders of said bonds all collaterals held by the State for her pretended endorsement of the same.

Referred to finance and taxation.

Mr. Langdon, from the committee on corporations, submitted a report; which was ordered to lie on the table and one hundred copies to be printed.

The report of the committee on the executive department came up for consideration, the question being upon the amendment offered by Mr. McClellan to strike out the word “four,” in the third section, and insert “two.”

The amendment was adopted-ayes 55, noes 31.

Those who voted yea are-

Messrs. Aiken, Battle, Bliss, Bolling, Booth, Brewer, Brown, Burgess, Burton, Carson, Cobb, Davis, Delbridge, Dickinson, Flournoy, Forwood, Foster of Hale, Garrett, Gibson, Gordon, Green of Choctaw, Green of Conecuh, Gullett, Hargrove, Harrison, Heflin, Inzer, Johnson of Macon, Kelly, Knot, Laird, Little, Long, Manasco, McClellan, Meadows, Murphree, Norwood, Nowlen, Oates, O’Bannon, O’Neal, Parks, Pickett, Powell of Bullock, Powell of Tuscaloosa, Ralls, Rather, Rice, Robinson, Samford, Sterrett, Swan, Torrey Weathers and White-55.

Those who voted nay are-


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Messrs. President, Akers, Allgood, Bulger, Coleman, Curtis, Foster of Barbour, Gilbreath, Hames, Herndon, Hudson, Ingle, Jones, Langdon, Lea of Dallas, Livingston, Lowe, Lyon, Martin, Moren, Musgrove, NeSmith, Nisbett, Prince, Richards, Smith, Stone, Taylor, Willett and Woolf-31.

Mr. Langdon offered the following amendment to section 3: Amend, by striking out “first Monday in August,” with the view of inserting “Tuesday next following the first Monday of November.”

The amendment was lost.

Mr. Samford moved to strike out the words, “after August one thousand, eight hundred and seventy-six,” and add after the word “law,” “provided the General Assembly shall not have power to fix the time for holding any election at the same time that any Federal election may be held in the State,” which was lost.

On motion of Mr. Oates, the words “Attorney General” were stricken out.

The section as amended was adopted.

Section 4 was read as follows:

The returns for every election for Governor, Secretary of State, Auditor, State Treasurer, and Attorney General, shall be sealed up and transmitted by the returning officers to the seat of government, directed to the Speaker of the House of Representatives, who shall, during the first week of the session to which said returns shall be made, open and publish them in the presence of both Houses of the General Assembly in joint convention. The person having the highest number of votes for either of said offices, shall be declared duly elected; but if two or more shall have an equal and the highest number of votes, the General Assembly, by joint vote, without delay, shall choose one of said persons for said office. Contested elections for Governor, Secretary of State, State Auditor, State Treasurer, and Attorney General, shall be determined by both Houses of the General Assembly, in such manner as may be prescribed by law.

On motion of Mr. Oates, the words “Attorney General,” wherever they occur, were stricken out.

Section 4, as amended, was then adopted.

Section 5 was read its follows:

The Governor, Secretary of State, State Treasurer, State Auditor, and Attorney General, shall hold their respective offices for the term of four years from the time of their installation in office, and until their successors shall be elected and qualified, and the Governor and State Treasurer shall be ineligible to re-election as their own successors.


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Mr. Harrison moved to strike out the word “four” and insert “two,” and also, to striking out the words “and the Governor and State Treasurer shall be ineligible to re-election as their own successors;” which was carried.

On motion of Mr. Oates, the words “Attorney General” were stricken out.

Mr. Aiken offered the following amendment: By adding “but shall not be eligible for more than four years in any terns of six years.”

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

The section, as amended, was then adopted.

Section 6 was read as follows:

The Governor shall be at least thirty-five years of age when elected, and shall have been a citizen of the United States ten years, and a resident citizen of this State at least seven years, next, before the day of his election.

Mr. Foster of Barbour moved to amend by striking out “thirty-five” and inserting “twenty-five.”

Mr. Oates moved to amend the amendment by inserting “thirty;” which was accepted.

Mr. Martin moved to lay the amendment on the table; which motion was lost-ayes 38, noes 50.

Those who voted yea, are-

Messrs. Bliss, Burgess, Carson, Coleman, Curtis, Davis, Dickinson, Flournoy, Foster of Hale, Garrett, Gilbreath, Green of Conecuh, Hames, Hargrove, Heflin, Herndon, Hudson, Langdon, Lea of Dallas, Lyon, Martin, Meadows, Moren, Mudd, Murphree, Nisbett, Norwood, Nowlen, Parks, Ralls, Richards, Smith, Sterrett, Swan, White, Willett and Woolf-38.

Those who voted nay, are-

Messrs. President, Aiken, Akers, Allgood, Battle, Bolling, Booth, Brewer, Brown, Burton, Cobb, Delbridge, Forwood, Foster of Barbour, Gibson, Gordon, Green of Choctaw. Gullett, Harrison, Ingle, Inzer, Johnson of Macon, Jones, Kelly, Knox, Long, Laird, Little, Lowe, Manasco, McClellan, Musgrove, NeSmith, Oates, O’Bannon, O’Neal, Pickett, Plowman, Powell of Bullock, Powell of Tuscaloosa, Prince, Pugh, Rather, Rice, Robinson, Samford, Stone, Taylor, Torrey and Weathers-50.

The amendment was adopted.

The section, as amended, was then adopted.

Section 7 was read as follows:

The Governor, Secretary of State, State Treasurer, State Auditor, and Attorney General, shall reside at the seat of


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government during the time they continue in office, except in case of epidemics, and they shall receive compensation for their services, which shall be fixed by law, and shall not be increased or diminished during the term for which they shall have been elected.

Mr. McClellan moved to amend by striking out the words, Ashall reside at the seat of government of this State during their continuance in office; except in case of epidemic; and they.”

Mr. Gibson moved to lay the amendment on the table; which was carried-yeas 58, nays 25.

Those who voted yea are-

Messrs. President, Aiken, Akers, Allgood, Battle, Bliss, Bolling, Booth, Bulger. Burgess, Burton, Coleman, Davis, Delbridge, Dickinson, Flournoy, Forwood, Foster of Hale, Gibson, Gilbreath, Green of Conecuh, Gullett, Harrison, Heflin, Herndon, Hudson, Johnson of Macon, Jones, Kelly, Knox, Langdon, Laird, Long, Lowe, Lyon, Manasco, Martin, Meadows, Moren, Murphree, Musgrove, NeSmith, Nisbett, O’Bannon, Parks, Plowman, Powell of Bullock, Powell of Tuscaloosa, Rather, Rice, Richards, Robinson, Sterrett, Stone, Swan; Torrey, White, Willett and Wolf-58.

Those who voted nay, are-

Messrs. Cobb, Curtis, Foster of Barbour, Garrett, Green of Choctaw, Cordon, Hames, Hargrove, Inzer, Little, McClellan, Mudd, Norwood, Nowlen, Oates, O’Neal, Pickett, Prince, Pugh, Ralls, Samford, Smith, Taylor and Weathers-25.

On motion of Mr. O’Neal, the word “Governor” was stricken out.

Mr. Oates offered the following substitute:

That the Governor, Secretary of State, State Treasurer, and State Auditor, shall not, at any ones time, absent themselves from the capitol more than five days; except in case of sickness of such officer, or the prevalence of an epidemic at the capital, or when in the service of the State; and they shall receive for their services a salary, to be provided by law, which shall not be increased or diminished during their official terms, and they shall not, after the expiration of the terms of those now in office, receive to their use any fees, costs, perquisites of office or other compensation; and all fees that may, after the ratification of this constitution; be payable by law for services performed by either, of such officers, shall be paid in advance into the State treasury.

Mr. Powell of Tuscaloosa moved to reconsider the vote by which the word “Governor” was stricken out; which motion was carried.


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The question recurring upon the motion to strike out the word “Governor,” it was lost-ayes 13, noes 72.

Those who voted yea are-

Messrs. Burgess, Cobb, Foster of Barbour, Garrett, Gibson, Hargrove, Inzer, Little, McClellan, O’Neal, NeSmith, Pickett and Woolf-13.

Those who voted nay are-

Messrs. President, Akers, Aiken, Allgood, Battle, Bliss, Bolling, Booth, Brewer, Brown, Burton, Bulger, Coleman, Curtis, Davis, Delbridge, Dickinson, Flournoy, Forwood, Foster of Hale, Gilbreath , Gordon, Green of Choctaw, Green of Conecuh, Gullett, Hames, Harrison, Heflin, Herndon, Kelly, Knot, Langdon, Laird, Lea of Dallas, Lewis, Long, Lowe, Lyon, Manasco, Martin, Meadows, Moren, Mudd, Murphree, Musgrove, Nowlen, Oates, O’Bannon, Parks, Plowman, Powell of Bullock, Powell of Tuscaloosa, Prince, Pugh, Ralls, Rather, Rice, Richards, Robinson, Samford, Smith, Sterrett, Stone, Taylor, Torrey, Weathers, White and Willett-72.

The question then recurred upon the substitute of Mr. Oates.

Mr. Gibson moved to amend the substitute by inserting “ten” instead of “five;” which was accepted.

Mr. Lea of Dallas moved to insert after “sickness of such officer” the words, “or his family.”

On motion of Mr. Lyon, the substitute and amendment were laid on the table.

Mr. Brown moved to amend by striking out the word “reside” and inserting the word “remain.”

Mr. Richards demanded the previous question; which call was sustained, and the section was adopted-ayes 66, noes 13.

Section 8 and 9 were adopted as follows:

SEC. 8. The Governor shall take care that the laws be faithfully executed.

SEC. 9. The Governor may require information in writing, under oath, from the officers of the executive department, on any subject relating to the duties of their respective offices; and he may, at any time, require information in writing, under oath, from all officers and managers of State institutions, upon any subject relating to the condition, management and expenses of their respective offices and institutions; and any such officer or manager who makes a false report shall be guilty of perjury and punished accordingly.

The tenth section was read as follows:

The Governor may, by proclamation, on extraordinary occasions, convene the General Assembly at the seat of govern-


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ment, or at a different place, if, since their last adjournment, that shall have become dangerous from an enemy or from contagious diseases; and he shall state specifically in such proclamation each matter concerning which the action of that body is deemed necessary.

Mr. Parks moved to insert “infectious or” before the word “contagious;” which was carried, and the section, thus amended, was adopted.

Section eleven was adopted, as follows:

The Governor shall, from time to time, give to the General Assembly information of the state of the government, and recommend to their consideration such measures as he may deem expedient, and at the commencement of each session of the General Assembly, and at the close of his term of office, give information by written message of the condition of the State, and he shall account to the General Assembly, as may be prescribed by law for all moneys received and paid out by him from any funds subject to his order, with the vouchers therefore, and he shall at the commencement of each regular session present to the General Assembly estimates of the amount of money required to be raised by taxation for all purposes.

Section twelve was read, as follows:

He may have power to remit fines and forfeitures, under such rules and regulations as the General Assembly may prescribe by law, and after conviction to grant reprieves, commutation of sentence and pardons (except in cases of treason and impeachment); but pardons, in cases of murder, arson, burglary, rape, assault with intent to commit rape, perjury, forgery bribery and larceny, shall not relieve from civil and political disability. No pardon shall be granted or sentence commuted except upon the recommendation in writing of the Secretary of State, Attorney General and State Auditor, or any two of them, after full hearing, upon due public notice in the county where the party was convicted and in open session; and such recommendation, and the reason therefore at length, shall be recorded and filed in the office of Secretary of State.

Upon conviction of treason, the Governor may suspend the execution of the sentence and report the same to the General Assembly at the next regular session, when the General Assembly shall either pardon, commute the sentence, direct its execution or grant further reprieve. He shall communicate to the General Assembly at every regular session, each case of reprieve, commutation or pardon granted, stating the name and crime of the convict, the sentence, its date, and the date of the reprieve, commutation or pardon.


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Mr. Willett moved to amend by striking out the word “convicted” and inserting the word “indicted,” which was adopted.

On motion of Mr. Harrison; the word "given" was inserted after the word “notice.”

Mr. Rice moved to strike out the second sentence, which was lost.

Mr. Cobb offered the following amendment: Amend by striking out the words “Secretary of State” in the sixth line, and “State Auditor” in the seventh line, and inserting in lieu thereof the words “Solicitor and Judge trying the person convicted,” which was lost.

Mr. Oates moved to amend by striking out all between the words “in writing of the” in sixth line, and “and such recommendation” in the eighth line, and inserting the following: “judge and jury before whom the party applying for the commutation was convicted.”

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

Mr. Lea of Dallas, moved to amend by adding the word “embezzlement” after the word “bribery,” which was lost.

Mr. Rice moved to amend by adding the following: “The General Assembly shall have power to relieve from any civil or political disability mentioned or referred to in this section, which cannot be relieved by the pardon of the Governor,” which amendment was lost.

The twelfth section, as amended, was then adopted.

On motion of Mr. Aiken, the convention adjourned until 10 2 o’clock to-morrow.