147

TWENTY-FIRST DAY.

WEDNESDAY, September 29, 1875.

The Convention met pursuant to adjournment.

Prayer by Rev. Dr. Andrews, of this city.

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

Mr. Herndon moved to reconsider the vote by which the amendment offered by him on yesterday to section twenty-six of the article on the judicial department was adopted, which motion was carried.

Mr. Herndon then withdrew his amendment and the section was adopted.

The convention resumed the consideration of the article submitted by the committee on exemptions, the question under consideration being the substitute offered by Mr. Powell of Bullock, on yesterday, for the first section.

On motion of Mr. Inzer, the substitute was laid on the table.

On motion of Mr. Gamble, the vote to consider the report section by section, was reconsidered.

The hour for the special order-the report of the committee on education.

On motion of Mr. O’Neal, the consideration of the report was temporarily suspended and the consideration of the article on exemptions was resumed.

Mr. Martin offered a substitute for the article in the shape of propositions, to be submitted to a separate vote of the people at the same time the constitution is voted on.

First proposition is article fourteen, as it stands in the present constitution.

Second proposition, is as follows:

There shall be $500 worth of personal property and $750 worth of real estate, to be selected by the owner thereof, and ascertained as may hereafter be provided by law, which property shall be exempt from sale or execution, or other final process of any court issued for the collection of any debt contracted after the adoption of this constitution. But such exemption, however, shall not extend to any mortgage heretofore or hereafter lawfully obtained.

The ballots shall be in the following form:

For first proposition on exempted property.

For second proposition on exempted property.

If a majority of the lawful votes cast at said election be for first proposition on exempted property, that clause shall be inserted in the constitution of Alabama.


148

If a majority of the lawful votes cast be for second proposition on exempted property, that clause shall be the clause in the constitution on exempted property.

And the election on this question shall determine what shall be the constitutional provisions in Alabama on exempted property, without reference to the number of votes cast for or against the new constitution. And it is hereby distinctly declared, that the article on exempted property, as adopted under this proposition, shall force part of the new constitution, if a new constitution is adopted, or be a part of the old constitution if the new constitution is rejected.

On motion of Mr. Manasco, the substitute was laid on the table.

Mr. Powell of Tuscaloosa, offered the following article, to be submitted for ratification with the constitution:

It shall be the duty of the General Assembly, from time to time, to pass such laws exempting property from sale under execution or other legal process for the collection of money, as the necessities of the people may require; Provided, That no change in the laws enacted under the provisions of this article shall in any way affect or change the rights of parties under any contract existing at the time of such changes, but the law regulating exemptions before such change shall remain in force as to all such contracts.

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

Mr. McClellan offered the following substitute for the seventh section:

There shall be no exemption of property from sale under execution or other legal process to or between the principal and sureties on any bond or recognizance given, after the ratification of this constitution, in due course of law, to avoid imprisonment or confinement in any jail in this State.

On motion of Mr. Coleman, the substitute was laid on the table-yeas 60, nays 83.

Those who voted yea are-

Messrs. President, Aiken, Allgood, Bliss, Bolling, Booth, Brewer, Bulger, Carson, Coleman, Delbridge, Dickinson, Flournoy, Forwood, Foster of Barbour, Gamble, Garrett, Gilbreath, Gordon, Green of Choctaw, Green of Conecuh, Hames, Harrison, Heflin, Hudson, Ingle, Johnson of Macon, Jones, Kelly, Langdon, Laird, Lea of Baldwin, Lewis, Little, Long, Lyon, Manasco, Moren, Mudd, Murphree, Musgrove, Nisbett, Oates, Parks, Powell of Tuscaloosa, Prince, Pugh, Ralls, Rather, Richards, Robinson, Samford, Scott, Smith, Sterrett, Stone, Swan, Sykes, Taylor and White-60.

Those who voted nay are-


149

Messrs. Akers, Brown, Burgess, Burns, Burton, Cobb, Curtis, Davis, Foster of Hale, Gibson, Gullett, Hargrove, Herndon, Inzer, Johnson of Hale, Knox, Lea of Dallas, Livingston, Martin, McClellan, Meadows, NeSmith, Norwood, Nowlen, O’Bannon, O’Neal, Pickett, Powell of Bullock, Rice, Torrey, Weathers, Willett and Woolf-33.

Mr. Pugh moved to amend the second section, by striking out the words “after the adoption of this constitution,” and inserting the words “since the adoption of the constitution of 1867;” which was adopted.

Also, amend the third section by making the same change; which was adopted.

Also, to amend the fifth section by striking out the words Athe same” and substituting “such homestead;” which was adopted.

On motion of Mr. Rather, the word “final” in the first section was stricken out.

Mr. Samford moved to amend the seventh section by striking out “when seeking to waive exemptions as to realty” and by adding to the end of the section “and attested by two witnesses;” which was lost.

Mr. Pugh offered the following substitute for the seventh section:

The right of exemptions hereinbefore secured may be waived by an instrument in writing, and when such waiver relates to realty and signed by the head of the family, the instrument must be signed by both the husband and wife, and attested by one witness.

Mr. Bliss offered the following amendment to the substitute:

Provided, That the exemption shall not in any case be reduced to a less sum or value than five hundred dollars left to the debtor or his family.

On motion of Mr. Pickett, the amendment to the substitute was laid on the table.

Mr. Pickett moved to table the substitute offered by Mr. Pugh, which motion was lost.

Mr. Inzer moved to amend the seventh section, by adding after the word “realty” the words “and household and kitchen furniture.”

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

Mr. Hargrove moved to amend the substitute offered by Mr. Pugh, by striking out the words “one witness” and substituting “one justice of the peace.”

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


150

Mr. Harrison moved to amend the Section by providing that in the waiving of exemptions, the instrument shall be signed as is provided by law for signing mortgages.

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

Mr. Powell of Tuscaloosa, offered the following: “Provided, no waiver shall reduce the exemption to a less sum than two hundred dollar’s worth of personal property and a homestead not to exceed in value $500.”

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

Mr. Rice offered the following amendment to the section:

Provided, however, that the homestead above mentioned as exempt, not exceeding in value five hundred dollars, may be selected and kept for the use of the family notwithstanding any waiver, or mortgage, or lien, given or made after the adoption of this constitution.

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

Mr. Pugh’s substitute for the seventh section was adopted.

Mr. Meadows offered a substitute for all except the seventh section.

On motion of Mr. Oates, the substitute was laid on the table.

Mr. Pugh’s substitute for the seventh section was adopted.

Mr. Gordon offered a substitute, as follows:

Sec. 1. Exempt $3,000 of property to every resident, which he or she may select; this section to apply to debts, obligations and liabilities of every kind in existence, as well as those that may arise; but shall not extend to any mortgage lawfully obtained; but if the mortgagor is a married man, must get the wife’s signature. Owner of such property may waive the right of exemption, and if a married man, to be joined in by his wife.

Sec. 2. That after death of owner said exempt property shall be exempt during minority of children-if any-if a widow and no children, it shall be exempt to the widow with its rents and profits.

Sec. 3. That sections one and two shall not prevent a laborers or mechanic’s lien.

Sec. 4. That all property of female acquired before marriage, and all that she may afterwards acquire, shall remain her separate estate and property, free from liability for her husband’s debts, and to be disposed of by her as if she were unmarried.


151

On motion of Mr. Flournoy, the substitute was laid on the table.

Mr. Laird offered the following as a substitute for the whole section:

There shall be exempted from sale under execution or other final process of any court, issued for the collection of any debt contracted after the adoption of this constitution, for the use and benefit of every family in this State, of real and personal property the value of not less than 1,000 nor more than $3,000, as may be prescribed by law, the property to be selected for such purpose by the head of such family, and the value thereof to be ascertained by the head of the family and two disinterested persons, to be selected by the sheriff or other officer making the levy or offering to sell the property, who shall be sworn to make the valuation fairly; Provided, That the General Assembly shall not have power to enlarge or diminish the provisions of this section.

On motion of Mr. Gamble, the substitute was laid on the table.

Mr. Torrey offered the following amendment as an additional section:

The exemptions named in this article shall not apply to injuries done to lands, goods, the person or reputation, or to costs hereafter adjudged or imposed by any court or magistrate.

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

Mr. Richards moved the previous question, which was sustained, and the question being on the adoption of the article as amended; it was adopted-yeas 64, nays 28.

Those who voted yea are-

Messrs. President, Aiken, Allgood, Bliss, Bolling, Booth, Brewer, Bulger, Burgess, Coleman, Delbridge, Dickinson, Flournoy, Forwood, Foster of Barbour, Gamble, Gibson, Green of Choctaw, Green of Conecuh, Hames, Heflin, Herndon, Hudson, Ingle, Inzer, Johnson of Hale, Johnson of Macon, Jones, Kelley, Langdon, Laird, Lea of Baldwin, Lea of Dallas, Little, Long, Lyon, Mudd, Murphree, Nisbett, Norwood, Oates, O’Bannon, O’Neal, Parks, Pickett, Powell of Bullock, Powell of Tuscaloosa, Prince, Pugh, Ralls, Rather, Richards, Robinson, Samford, Scott, Sterrett, Stone, Swan, Sykes, Taylor, Torrey, Willett and Woolf-64.

Those who voted nay are-

Messrs. Akers, Brown, Burns, Burton, Carson, Cobb, Curtis, Davis, Foster of Hale, Garrett, Gilbreath, Gordon, Gullett, Hargrove, Harrison, Knox, Livingston, Martin, McClellan,


152

Meadows, Moren, Musgrove, NeSmith, Plowman, Rice, Smith and White-28.

Mr. Pugh moved to reconsider the vote by which the article was adopted, and to lay that motion on the table; which latter was carried.

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

On motion of Mr. Little, the convention proceeded to the consideration of:

THE ARTICLE ON EDUCATION.

Section one was read, as follows:

The General Assembly shall establish, organize and maintain a system of public schools throughout the State for the equal benefit of the children thereof, between the ages of seven and twenty-one years; but separate schools shall be provided for the children of citizens of African descent.

Mr. Davis moved to strike out seven and insert six. Lost.

Mr. Garrett moved to strike out twenty-one and insert eighteen. Lost.

Mr. Rice offered the following amendment: “And the school fund as declared and ascertained by the constitution and laws now existing shall not be reduced.”

On motion of Mr. Oates, the amendment was tabled.

The section was then adopted.

Section two was read, as follows:

The principal of all funds arising from the sale or other disposition of lands or other property, which has been or may be granted or entrusted to this State by the United States for educational purposes, shall be preserved inviolate and undiminished; and the income arising therefrom shall be faithfully applied to the specific objects of the original grants or appropriations.

Mr. Livingston moved to amend by inserting after the word “purposes” the words “of the swamp lands.”

Mr. O’Neal, Chairman, stated that the swamp lands had already been disposed of for the benefit of the Insane Asylum, and, on his motion, the amendment was tabled.

Mr. Rice offered the following: “The principal of all funds, arising from the sale or other disposition of lands or other property, which have been or may hereafter be granted or entrusted to this State by the United States for educational purposes, and, also, the lands known as the swamp lands, unsold, shall be preserved inviolate and undiminished for educational purposes.”

On motion of Mr. O’Neal, the amendment was tabled.


153

Mr. Laird moved to amend by adding after the word “State,” “or given by the United States;” which was adopted.

The second section was then adopted.

Section three was read as follows:

All lands or other property given by individuals or appropriated by the State for educational purposes, and all estates of deceased persons, who die without leaving a will or heir, and all moneys which may be paid as an equivalent for exemption from military duty, shall be faithfully applied to the maintenance of the public schools.

Mr. Rather moved to strike out all after the word "heir," to and including the word Aduty;@ which was adopted.

Section three was adopted.

The fourth section was read:

The General Assembly shall also provide for the levying of an annual poll tax, not to exceed one 50-100 dollars on each poll, which shall be applied to the support of the public schools in the counties in which it is collected.

Mr. Sterrett moved to add the words “between 21 and 45” after the word “poll.”

On motion of Mr. Hargrove, the amendment was tabled.

Mr. Aiken moved to add the words “and collection” after the word “levying;” which was adopted.

The fourth section was then adopted.

Section five was read:

The income arising from the sixteenth section trust fund, the surplus revenue fund, and the funds enumerated in sections three and four of this article, with such other moneys, to be not less than one hundred thousand dollars per annum, as the General Assembly shall provide by taxation or otherwise, shall be applied to the support and maintenance of the public schools, and it shall be the duty of the General Assembly to increase, from time to time, the public school fund; as the condition of the treasury and the resources of the State will admit.

Mr. Knox offered an amendment by striking out from and including the words “with such” down to and including the word “otherwise,” and insert “together with one-fifth of the aggregate annual revenue of the State.”

On motion of Mr. O’Neal, the amendment was tabled.

Mr. Lyon moved to strike out “surplus revenue” in the first line.

Mr. Bliss offered to amend by aiding to the end of the first line the words “so long as it shall remain on deposit with the State.”


154

On motion of Mr. Foster of Barbour, the convention took a recess until 4 o’clock, p. m.

CCCB

AFTERNOON SESSION.

The Convention re-assembled at the designated hour.

The consideration of the Article on Education was resumed.

Mr. Rice moved to amend the fifth section by inserting after “revenue fund” the words “until it is called for by the United States Government;” which was adopted.

Mr. Lyon moved to amend by striking out “the surplus revenue fund until called for by the Government of the United States;” which was lost.

Mr. Samford moved to amend by inserting after the words “United States,” the words “not to be less than eight per cent of said fund per annum.”

On motion of Mr. Heflin, the amendment was tabled.

Mr. Livingston offered to amend by inserting after the word “fund” where it first occurs “the amount due by the State to the public school fund.”

Mr. Willett moved the previous question; which was sustained, and the section, as amended, was then adopted.

Section six was read as follows:

Not more than four per cent. of all moneys raised, or which may hereafter be appropriated for the support of public schools, shall be used or expended otherwise than for the payment of teachers employed in such schools.

Mr. Livingston moved to strike out the section.

On motion of Mr. Smith, the motion was tabled.

Mr. Davis moved to amend by striking out four and inserting five per cent.

On motion of Mr. Brown, the amendment was tabled.

Mr. Hargrove moved to amend by adding to the section:

“Provided, That the General Assembly may, by a vote of two-thirds of each house, suspend the operations of this section;” which was adopted.

The section, as amended, was then adopted.

Section seven was read as follows:

The supervision of the public schools shall be vested in a Superintendent of Public Instruction, whose powers, duties, term of office and compensation, shall be fixed by law. The Superintendent of Public Instruction shall be elected by the


155

qualified voters of the State, in such manner and at such time, as shall be provided by law.

Mr. Meadows offered the following as a substitute for the section:

The General Assembly shall have power to require the Auditor of the State to perform all the duties required of the State Superintendent of Public Schools, and, also, require county treasurers to disburse the moneys belonging to their respective counties, upon orders of trustees of the several districts, and to forward an account of the same to the Auditor.

On motion of Mr. Hargrove, the substitute was tabled.

Mr. Burns moved to amend by striking out the words “as shall be provided by law,” and insert “other State officers.”

On motion of Mr. O’Neal, the amendment was laid on the table.

The section was then adopted.

The eighth section was read as follows:

No money raised for the support of the public schools of this State shall be appropriated to, or used for the support of any sectarian school.

Mr. Bliss offered to amend by adding after the word “sectarian,” the words “or denominational;” which was adopted, and the section, as amended, was adopted.

Section nine was read as follows.

The State University, and the Agricultural and Mechanical College, shall each be under the management and control of a Board of Trustees. The Board for tile University shall consist of two members from the congressional district in which the University is located, and one from each of the other congressional districts in the State. The Board for the Agricultural and Mechanical College shall consist of two members from the congressional district in which the college is located, and one from each of the other congressional districts in the State. Said trustees shall be appointed by the Governor, by and with the advice and consent of the Senate, and shall hold office for a term of six years, and until their successors shall be appointed and qualified. After the first appointment each board shall be divided into three classes of three each. The seats of the first class shall be vacated at the expiration of two years and those of the second class in four years from the date of appointment, so that one-third may be chosen biennially. No trustee shall receive any pay or emolument other than his actual expenses incurred in the discharge of his duties as such. The Governor shall be ex officio President of each of said boards of trustees.

Mr. Little moved to strike out the section.


156

On motion of Mr. Samford, the motion to strike out was laid on the table.

Mr. O’Neal moved to amend by making the Superintendent of Public Instruction a member ex officio of each of the boards of trustees; which was adopted.

Mr. Livingston moved to amend by striking out the sentence next to the last, and inserting “the General Assembly shall provide for the pay of said trustees.”

Mr. O’Neal moved to lay the amendment on the table; which was carried.

Mr. Foster of Hale, moved to amend by striking out all after the word “State” in the sixth line, to the word “such” in the thirteenth line.

The amendment was laid on the table.

Mr. Hargrove moved to amend by adding “In the event of the consolidation of the University and the Agricultural and Mechanical College, there shall be but one Board of Trustees.”

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

Mr. Willett moved to amend by striking out the words “appointed by the Governor,” &c., and insert “elected by the General Assembly.”

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

Mr. Foster of Hale, moved to amend by striking out “appointed by the Governor,” &c., and insert “elected by the people of the several districts at the same time the Governor is elected.”

On motion of Mr. Scott, it was tabled.

Mr. Hargrove moved to amend by adding the words “as nearly equal as possible” after the words “into three classes of three each;” which was lost.

Mr. Heflin moved the previous question, which was sustained, and the section, as amended, was adopted.

Section ten was read, as follows:

The General Assembly shall have no power to change the location of the State University or the Agricultural and Mechanical College as now established by law.

Mr. Inzer moved to strike out the section.

Mr. Samford moved to table the motion, which was lost.

Mr. Harrison moved to add to end of the section “except upon a vote of two-thirds of the members of the General Assembly, taken by yeas and nays, and entered upon the journals.”

Mr. Oates moved to table the amendment, which was lost.

The amendment was adopted.


157

The motion of Mr. Inzer to strike out was lost; and the section, as amended, was adopted.

Mr. Langdon offered an additional section to article on education, as follows:

Sec.__. The provisions of this article, and of any act of the General Assembly passed in pursuance thereof, to establish, organize and maintain a system of public schools throughout the State, shall apply to Mobile county only so far as to authorize and require the authorities designated by law to draw the portion of the funds to which said county will be entitled for school purposes, and to make reports to the superintendent of public instruction as may be provided by law. And all special incomes tend powers of taxation as now authorized by law for the benefit of public schools in said county, shall remain undisturbed.

Pending consideration, the Convention adjourned until 10 o’clock to-morrow morning.

__________