CCB

FOURTEENTH DAY.

TUESDAY, September 21, 1875.

The convention met pursuant to adjournment.

Prayer by Rev. Mr. Taylor.

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

THE GENERAL ORDER

Then came up, it being the report of the committee on the executive department, the question being on the adoption of the thirteenth section.

Section thirteen was read, as follows:

Every bill which shall have passed both houses of the Gen-


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eral Assembly, shall be presented to the Governor; if he approves it he shall sign it, but if not he shall return it with his objections to the house in which it shall have originated, who shall enter the objections at large upon the journals, and the house to which such bill shall be returned shall proceed to reconsider it; if after such reconsideration two-thirds of the whole number elected to that house shall vote for the passage of such bill, it shall be sent, with the objections, to the other house, by which it shall be likewise reconsidered; if approved by two-thirds of the whole number elected to that house, it shall become a law; but in such cases the vote of both houses shall be determined by yeas and nays, and the names of the members voting for or against the bill shall be entered upon the journals of each house respectively; if any bill shall not be returned by the Governor within five days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the General Assembly by their adjournment prevent its return, in which case it shall not become a law. And every order, vote or resolution, to which the concurrence of both houses may be necessary (except questions of adjournment and of bringing on elections by the two houses, and of amending this constitution,) shall be presented to the Governor, and before it shall take effect be approved by him, or being disapproved, shall be repassed by both houses, according to the rules and limitations prescribed in the cases of a bill.

Mr. Little moved to amend by striking out “two-thirds” wherever it occurred and insert a “majority” in lieu thereof; which was adopted.

Mr. Murphree offered the following amendment: Strike out “it shall not be a law,” and insert “it shall be filed with his objections in the office of Secretary of State within ten days after such adjournment or become a law,” which was lost.

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

Insert after “law,” the words “but any bill approved by the Governor and filed in the office of the Secretary of State within five days after the adjournment of the General Assembly shall become a law.”

Section thirteen, as amended, was adopted.

Section fourteen was adopted, as follows:

SEC. 14. The Governor shall have power to disapprove of any item or items of any bill making appropriations of money, embracing distinct items, and the part or parts of the bill approved shall be the law, and the item or items of appropriations disapproved shall be void, unless repassed according to


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the rules and limitations prescribed for the passage of bills over the Executive veto, and he shall in writing state specifically the item or items he disapproves.

Section fifteen was read, as follows:

SEC. 15. In case of the impeachment of the Governor, his removal from office, death, refusal to qualify, resignation, absence from the State, or other disability, the President of the Senate shall exercise all the power and authority appertaining to the office of Governor, until the time appointed by the constitution for the election of Governor shall arrive, (but the General Assembly may provide by law for the election of Governor to fill such vacancy at a general election for Representatives to the General Assembly,) or until the Governor who is absent or impeached shall return or be acquitted, or other disability removed; and if during such vacancy in the office of Governor the President of the Senate shall be impeached, removed from office, refuse to qualify, die, resign, be absent from the State, or be under any other disability, the Speaker of the House of Representatives shall in like manner administer the government. If the Governor shall be absent from the State over twenty days, the Secretary of State shall notify the President of the Senate, who shall enter upon the duties or Governor, and if the Governor and President of the Senate shall both be absent from the State over twenty days, such Secretary of State shall notify the Speaker of the House of Representatives, and in such case he shall enter upon and discharge the duties of Governor until the return of the Governor or President of the Senate.

Mr. Oates moved to amend by striking out “but the General Assembly may provide by law for the election of a Governor to fill such vacancy at a general election for representatives to the General Assembly,” which was adopted.

Section fifteen, as amended, was adopted.

Section sixteen was read, as follows:

SEC. 16. The President of the Senate and Speaker of the House of Representatives shall, during the time they administer the government, receive the same compensation which the Governor would have received if he had been employed in the duties of his office; Provided, That if the General Assembly shall be in session during such absence they or either of them shall receive no compensation as members of the General Assembly while acting as Governor.

Mr. Murphree offered the following amendment, which was: Amend by adding after “office” to following, “but for such time the Governor shall not receive any compensation during his absence, unless on business of the State.”

The section was adopted.


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Section seventeen was read, as follows:

SEC. 17. No person shall at one and the same time hold the office of Governor of this State, or any other office, or commission, civil or military, either under this State, the United States, or any other State or government, except as otherwise provided in this constitution.

On motion of Mr. Powell of Tuscaloosa, the word “or” in the third line was stricken out, and “and” inserted in lieu thereof.

On motion of Mr. Livingston, the words “or commission” were stricken out.

Mr. Oates moved to strike out “except as otherwise provided in this constitution,” which was lost.

The section, as amended, was then adopted.

Section eighteen was then read, as follows:

SEC. 18. The Governor shall be commander-in-chief of the army and navy of this State, and of the militia thereof, except when they shall be called into the service of the United States, and he may call out the same to execute the laws, suppress insurrection and repel invasion, but he need not command in person, unless directed to do so by a resolution of the General Assembly, and when acting in the service of the United States, he shall appoint his staff and the General Assembly shall fix his rank.

On motion of Mr. Battle, the words “of the army and navy of this State,” and “and thereof,” were stricken out, and the words “and volunteer forces of the State” were inserted after the word “militia.”

Mr. Burns moved to strike out the last clause, which was lost.

The section, as amended, was adopted.

Section nineteen was read, as follows:

No person shall be eligible to the office of Secretary of State, State Treasurer, State Auditor or Attorney General, unless he shall have been a citizen of the United States at least seven years, and shall have resided in this State at least five years next preceding his election, and shall be at least 25 years old when elected.

Mr. Samford moved to amend by striking out “or attorney general,” which was lost.

Mr. Rice moved to amend by striking out “five” and inserting “one,” which was lost.

Mr. Livingston moved to amend by striking out “twenty-five” and inserting “thirty,” which was lost.

Section nineteen was then adopted.

Section twenty was read, as follows:


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There shall be a great seal of the State, which shall be used officially by the Governor, and the custodian of such seal shall be the Secretary of State; and the seal now in use shall continue to be used until another shall have been adopted by the General Assembly. The seal shall be called the “Great Seal of the State of Alabama.”

Mr. Powell of Tuscaloosa, moved to amend by striking out “and the custodian of such seal shall be the Secretary of State,” which was adopted.

Section 20, thus amended, was adopted.

Sections 21 and 22 were adopted, as follows:

SEC. 21. The Secretary of State shall be the custodian of the seal of the State, and shall authenticate therewith all official acts of the Governor-his approval of laws and resolutions excepted. He shall keep a register of the official acts of the Governor, and when necessary shall attest them, and lay copies of the same, together with copies of all papers relative thereto, before either house of the General Assembly, whenever required to do so, and shall perform such other duties as may be prescribed by law.

SEC. 22. All grants and commissions shall be issued in the name and by the authority of the State of Alabama, sealed with the great seal, signed by the Governor, and countersigned by the Secretary of State.

Section 23 was read as follows:

Should the office of Secretary of State, State Treasurer, State Auditor, or Attorney General, become vacant for any of the causes specified in section fifteen of this article, the Governor shall fill the vacancy until the disability is removed, or a successor is elected and qualified. Every such vacancy shall be filled by election at the first general election of members to the General Assembly, held more than thirty days after such vacancy shall have occurred, and the person elected shall hold for the unexpired term.

Mr. Harrison moved to strike out “every such vacancy shall be filled by election at the first general election of members to the General Assembly, held more than thirty days after such vacancy shall have occurred, and the person elected shall hold for the unexpired term;” which was adopted, and the section thus amended was adopted.

Section 24 was adopted as follows:

The State Treasurer, State Auditor, and Attorney General, shall perform such duties as may be prescribed by law. The State Treasurer and State Auditor shall, every year, at a time the General Assembly may fix, make a full and complete report to the Governor, showing all receipts and disbursements


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of revenue of every character, all claims audited and paid by the State by items, and all taxes and revenue collected and paid into the treasury, and from what sources; and they shall make reports oftener on any matter pertaining to their office, if required to do so by the Governor or the General Assembly.

Section 25 was read as follows:

A sheriff shall be elected in each county by the qualified voters thereof, who shall hold his office for the term of four years, unless removed from office, and shall be ineligible to such as his own successor; Provided, that sheriffs elected on the first Monday in August, 1877, shall hold their offices for the term of three years, and until their successors shall be elected and qualified. In the year 1880, at the general election for members to the General Assembly, sheriffs shall be elected for four years as herein provided. Vacancies in the office of sheriff shall be filled by the Governor as in other cases, and the person appointed shall continue in office until the next general election in the county for sheriff as provided by law.

Mr. Flournoy offered the following substitute:

A sheriff shall be elected in each county in this State on the first Monday in August, 1876, who shall hold his office for the term of two years from the time he enters on the duties of said office ; Provided, that the sheriffs elected on the third day of November, 1874, shall hold their office as now provided by law, and those elected on the first Monday in August, 1876, shall not enter on the duties of their office until the expiration of the terms of the sheriffs elected in 1874, and no sheriff shall be eligible to more than two terms consecutively.

Mr. Parks moved to lay the substitute on the table; which motion was carried.

Mr. Little moved to amend by inserting “or such other time as may be prescribed by law for the election in that year;” which was adopted.

Mr. Rice moved to strike out “four” in the second line and insert “three.”

A division of the question was called for, and the Convention refused to strike out.

The section, as amended, was then adopted.

Mr. Rather moved to reconsider the vote by which the twelfth section of the report was adopted; which motion was carried.

Mr. Rather offered the following amendment; which was adopted:


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By inserting after the word “disability” the words, “unless specially expressed in the pardon.”

Mr. Rather moved to amend by striking out the second sentence; which was carried.

Mr. Oates offered the following as an additional section:

The State Auditor, State Treasurer, and Secretary of State, shall not, after the expiration of the terms of those now in office, receive to their use any fees, costs, perquisites of office or compensation other than their salaries, as prescribed by law; and all fees that may be payable by law for any service performed by either of such officers, shall be paid in advance into the State Treasury.

Mr. Inzer moved to lay the amendment on the table; which was lost-ayes 46, noes 47.

Those who voted yea are-

Messrs. President, Akers, Allgood, Battle, Bolling, Brewer, Brown, Burgess, Burton, Cobb, Coleman, Dickinson, Flournoy, Forwood, Gamble, Gibson, Gilbreath, Gullett, Hames, Heflin, Herndon, Inzer, Ingle, Johnson of Macon, Little, Long, Lyon, Manasco, McClellan, Mudd, Murphree, Musgrove, NeSmith, Nisbett, Norwood, O’Bannon, O’Neal, Pickett, Powell of Tuscaloosa, Prince, Rather, Richards, Robinson, Scott, Stone, Sykes, Torrey and Woolf-46.

Those who voted nay are-

Messrs. Aiken, Bliss, Booth, Bulger, Burns, Callaway, Curtis, Davis, Delbridge, Foster of Barbour. Foster of Hale, Garrett, Gordon, Green of Choctaw, Green of Conecuh, Hargrove, Harrison, Hudson, Jones, Kelly, Knox, Langdon, Laird, Lea of Dallas, Lewis, Livingston, Lowe, Martin, Meadows, Moron, Musgrove, Nowlen, Oates, Parks, Plowman, Powell of Bullock, Pugh, Ralls, Rice, Samford, Sterrett, Swan, Taylor, Weathers, White and Willett-47.

The additional section was then adopted.

Mr. Little moved to reconsider the vote by which section 6 had been adopted.

Mr. Flournoy moved to lay the motion to reconsider on the table; which was carried-ayes 68, nays 22.

The report was then adopted, as amended, and referred to the committee on the order, harmony and consistency of the whole constitution.

On motion of Mr. Mudd, the report of the committee on elections and basis of representation, on suffrage and elections, was taken from the table.

The first section was read as follows:

SEC. 1. Every male citizen of the United States, and every male person of foreign birth, who may have declared his in-


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tention to become a citizen of the United States 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 he 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.

Mr. Mudd moved to amend by striking out the words “and who shall have registered as hereinafter provided;” which was adopted.

Mr. Mudd moved to amend by inserting “legally” between the words “have” and “declared” in the third line; which was adopted.

Mr. Mudd offered the following amendment:

Provided, That the General Assembly may by law provide for a longer or shorter residence in any precinct, district or ward in any incorporated city or town having a population of more than five thousand inhabitants.

Mr. Inzer moved to amend the amendment by adding “but in no case to exceed three months,” which was adopted.

The amendment, as amended, was adopted.

Mr. Lea of Dallas moved to amend, as a third qualification, as follows:

He shall have complied with all laws passed by the General Assembly to regulate and control voting in the State.

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

Mr. Herndon moved to strike out the words “one month;” which was adopted.

Mr. Samford moved to strike out the words “fifteen” and insert “thirty;” which was adopted.

Mr. Rice offered the following amendment:

Provided further, That no other qualification, restriction or regulation, than such as are mentioned in the constitution, shall be enforced as to any citizen of this State who possesses the qualifications mentioned in this constitution, and has been registered in compliance with the provisions of law.

Mr. Cobb moved to amend the amendment by striking out the words “restriction or regulation.”


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Mr. Mudd moved to lay both amendments on the table; which was carried.

Mr. Garrett moved to reconsider the vote by which the amendment of Mr. Samford, striking out “fifteen” and inserting “thirty,” was adopted.

Mr. Gibson moved to lay the motion to reconsider upon the table; which latter motion was carried.

Mr. Mudd moved to reconsider the vote by which the amendment, giving to the General Assembly power to provide for a longer or shorter residence in cities, etc., was adopted.

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

Mr. Oates moved to amend by inserting after the word “upwards” the following: “who has paid his poll tax for the preceding tax year.”

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

Mr. Inzer moved to amend the sixth line by striking out “one year” and inserting “six months;” which was lost.

Mr. Burns offered the following amendment: That the General Assembly shall pass no law requiring a certificate of registration of any elector of this State, unless it will also require written or printed evidence that he has also paid his taxes for the preceding year.

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

Section 1, as amended, was then adopted.

Section 2 was adopted as follows:

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

The third section was read as follows:

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

First. Those that have been convicted of treason, embezzlement of the public funds, malfeasance in office, or crime punishable by imprisonment in the penitentiary, or bribery.

Second. Those who are idiots or insane.

Mr. Mudd moved to strike out all before the words “the following,” so that the section may read as follows: “The following classes shall not be permitted to register,” &c.; carried.

On motion of Mr. Mudd, the words “or bribery” were transferred so as to come in between “office” and, “or.”


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The section, as amended, was then adopted.

On motion of Mr. Mudd, section 4 was stricken out.

Section 5 was adopted as follows:

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 or returning therefrom.

Section 6 was read as follows:

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

Mr. Mudd offered the following amendment, by adding:

The General Assembly may, when necessary, provide by law for the registration of electors throughout the State, or in any incorporated city or town thereof, and when it is so provided no person shall vote at any election unless he shall have registered as required by law.

Mr. McClellan moved to lay the amendment on the table; which motion was lost.

The amendment was adopted, and the section, thus amended, was adopted.

Section 7 was adopted as follows:

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.

Section 8 was read as follows:

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.

On motion of Mr. Herndon, it was amended by inserting at the end the following: except Secretary of State, State Auditor and State Treasurer.

The section, thus amended, was adopted.

Mr. Rice offered the following amendment, as an additional section; which was lost:

Any oath required by the Legislature for registration, or for voting, shall be construed to include the obligation to support faithfully the principle of the civil and political equality of all men, as declared or asserted, in the recent amendments to the Constitution of the United States.

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

On motion of Mr. Willett, the Convention took a recess until 4 o’clock.


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AFTERNOON SESSION.

The Convention assembled at the designated hour.

On motion of Mr. Little, the Convention proceeded to the consideration of the report of the committee on the legislative department.

STATE AND COUNTY BOUNDARIES.

SECTION 1. The boundaries of this State are established and declared to be as follows, that is to say: Beginning at a point where the thirty-first degree of north latitude crosses the Perdido river; thence east to the west boundary line of the State of Georgia; thence along said line to the southern boundary line of the State of Tennessee; thence west along the southern boundary line of the State of Tennessee, crossing the Tennessee river, and on to the second intersection of said river by said line; thence up said river to the mouth of Big Bear Creek; thence, by a direct line, to the northwest corner of Washington county, in this State, as originally formed; thence southerly, along the line of the State of Mississippi, to the Gulf of Mexico; thence eastwardly, including all islands within six leagues of the shore, to the Perdido river; thence up the said river to the beginning.

SEC. 2. The boundaries of the several counties of this State, as heretofore established by law, are hereby ratified and confirmed, and the General Assembly may, by a vote of two-thirds of both houses thereof, arrange and designate boundaries for the several counties of this State, which boundaries shall not be altered, except by a like vote; but no new counties shall be hereafter formed of less extent than six hundred square miles; and no existing county shall be reduced to less extent than six hundred square miles, and no new county shall be formed which does not contain a sufficient number of inhabitants to entitle it to one representative, under the ratio of representation existing at the time of its formation, or unless the county or counties from which it is taken shall be left with the required number of inhabitants entitling such county or counties to separate representation.

Mr. Inzer moved to strike out “six,” where it occurs, with the view of inserting “four.”

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

Mr. Gordon moved to strike out “six” with a view of inserting “five.”

On motion of Mr. Jones, the motion was laid on the table.

The section was then adopted.


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DISTRIBUTION OF POWERS OF GOVERNMENT

Were read and adopted, as follows:

SEC. 1. The powers of the government of the State of Alabama shall be divided into three distinct departments, each of which shall be confided to a separate body of magistracy, to-wit: Those which are Legislative to one; those which are Executive to another; and those which are Judicial to another.

SEC. 2. No person or collection of persons, being of one of those departments, shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted. The article upon distribution of powers of government, dividing the powers into three distinct departments and confiding each to a separate body of magistracy, to wit: the legislative, executive, and judicial, and providing that no one of these departments shall exercise any power belonging to either of the others, was adopted.

The article upon the legislative department was then considered.

Section one; resting the legislative power of the State in a General Assembly, to consist of a Senate and House of Representatives, was adopted.

Section two was then read, as follows:

The style of the laws of this State shall be, “Be it enacted by the General Assembly of Alabama.” Each law shall contain but one subject, which shall be clearly expressed in its title, except general appropriation bills and bills adopting a code, digest or revision of statutes; and no law shall be revised, amended or the provisions thereof extended or conferred by reference to its title only; but so much thereof as is revived, amended, extended or conferred, shall be re-enacted or published at length.

On motion of Mr. O’Neal, the words “revenue bills” were inserted between the words “bill” and “and,” where they first occur.

On motion of Mr. Harrison, the word “or” where it last occurs, was stricken out, and “and” inserted in lieu thereof.

The section, thus amended, was then adopted.

Section three was read, as follows:

Senators and Representatives shall be elected by the qualified electors on the first Monday in August. The terms of office of the senators shall be four years, and that of the representatives of two years, commencing on the day after the general election, except otherwise provided in this constitution.


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Mr. Hargrove moved to amend by inserting after the word “August,” the following: “1876, and thereafter on such other day as may be provided by law.”

Mr. Davis moved to amend the amendment by striking out the word “other,” which was accepted.

Various substitutes were then offered by different delegates, which were ruled out of order or lost, when Mr. Lyon offered the following as a substitute for Mr. Hargrove’s amendment, which was adopted: Amend by inserting after the word “August” the words “1876, and one-half of the senators and all the representatives shall be elected every two years thereafter, unless the General Assembly shall change the time of holding elections.”

The amendment thus amended was adopted, and the section thus amended was adopted.

Section four was read, as follows:

Senators shall be at least 27 years of age, and representatives 21 years of age; they shall have been citizens and inhabitants of this State three years, and inhabitants of their respective counties or districts one year next before their election, and shall reside in their respective counties or districts during their terms of service; Provided, That such county or district shall have been so long established, but if not, then of the county or district from which the same shall have been taken.

Mr. Powell of Tuscaloosa, moved to strike out “three” and insert “two,” which was lost.

Mr. Davis moved to strike out “27” and insert “25,” which was lost.

The section was then adopted.

Section five was then read, as follows:

The General Assembly shall meet biennially at the capitol, in the senate chamber and in the hall of the house of representatives (except in cases of the destruction of the capitol or epidemics, when the Governor may convene them at such place as he may deem best,) on the day specified in this constitution, or on such day as may be prescribed by law, and shall not remain in session longer than sixty days at the first session held under this constitution, nor longer than fifty days at any subsequent session.

Mr. Parks moved to amend by inserting “on the first Monday in January” after “capitol.”

Mr. Hargrove moved to amend the amendment by inserting “third Monday.”

The question being taken upon the amendment to the amendment, it was lost.

The amendment was lost.


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

Provided, the General Assembly, by a two-thirds vote of all the members thereof, with the approval of the Governor, may have an extra session in 1876.

Mr. Meadows, amendment to strike out “fifty” and insert “forty” where it occurs near the end of the section; which was lost.

Mr. Aiken moved to amend by inserting “the senators” after “capitol,” and “the representatives” between “and” and “in the hall,” and to strike out “of representatives”; which was lost.

Mr. Burns moved to strike out “biennially” and insert “annually,” which was lost. Ayes 8, noes 81.

The section was then adopted.

Section six was read, as follows:

The pay of the members of the General Assembly shall be four dollars per day, and ten cents mileage in going to and returning from the seat of government, to be computed by the nearest usual route traveled.

Mr. Cobb moved to strike out “mileage” and insert “per mile,” which was adopted.

Mr. Knox moved to strike out “four” and insert “three,” which was lost.

The section was adopted.

Section seven was read, as follows:

The General Assembly shall consist of not more than thirty-three senators and the house of representatives of not more than one hundred members, to be apportioned among the several districts and counties as prescribed in this constitution.

Mr. Rice moved to strike out the words “not more than” where they occur in the section.

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

Mr. Oates offered the following amendment: Add “after the taking of the next decennial census of the United States in the year 1880.”

Mr. Lowe offered a substitute as follows: The General Assembly shall consist of twenty-five senators and seventy-five representatives, to be apportioned among the several districts and counties as prescribed in this constitution.

Mr. Pugh moved to amend the substitute by adding the following: “Provided, that at the expiration of five years from the ratification of this constitution, the General Assembly may, by a vote of two-thirds of each house, increase the number of senators to thirty-three and of the representatives to one hundred members.” The amendment was accepted.


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Pending the further consideration, on motion of Mr. Willett, the convention adjourned until 10 2  o’clock to-morrow.

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