TWENTY-SECOND DAY.

THURSDAY, September 30, 1875.

The Convention met pursuant to adjournment.

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

On motion of Mr. Sykes, the reading of the Journal was dispensed with.

Mr. Garrett introduced a resolution providing that the Secretary shall prepare, as early as possible, for the publication of the journal; which was referred to the committee on the harmony of the constitution.

The convention resumed the consideration of the additional section to the article on education offered by Mr. Langdon on yesterday.

Mr. Herndon offered the following amendment to the additional section: Provided, that separate schools for each race shall always be maintained by said Mobile school authorities.

Mr. NeSmith moved to further amend by providing that any regular license, as license tax or other tax which is paid into the State treasury by other counties, may be charged by the General Assembly.

Mr. Hargrove moved to amend the additional section, by striking out the words “as now authorized” and inserting in lieu thereof “as now vested in the city and county of Mobile.”


158

On motion of Mr. Langdon, the further consideration of the additional section was postponed one hour.

Mr. Samford moved to reconsider the vote by which the convention adopted the sixth section of the article on education.

Mr. Aiken moved to lay the motion to reconsider on the table, which motion was lost.

The question recurring on the motion to reconsider, it was lost.

The convention resumed consideration of the additional section, as amended, offered by Mr. Langdon.

Mr. NeSmith withdrew his amendment and offered the following: Amend by inserting after “undisturbed” the words “until otherwise provided by the General Assembly,” which was adopted.

Mr. Oates, by request, offered the following amendment:

Provided, That the court of county commissioners of each county, except the county of Mobile, may levy annually a special tax upon the real and personal property within the county, not exceed 10 cents on the $100 of valuation, for the support of the public schools therein, and in purchasing libraries and apparatus for such schools.

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

Mr. Harrison moved to amend by striking out “all special incomes and power” and inserting “the power,” which was lost.

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

Mr. Foster of Barbour, called up the report of the committee on amendments to the constitution. It was read, as follows:

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 this 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


159

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.

Mr. Aiken moved to amend the first section by striking out the words “two-thirds of” and insert “a majority of all the members elected to each house,” and by striking out all after and including “said” in the ninth line, and inserting “a majority of all the members elected to each house of the next General Assembly before another election shall ratify said amendment, each house voting by yeas and nays, said amendments shall be valid to all intents and purposes as parts of the constitution; Provided, That said proposed amendments shall be read three several times on three several days in each house.”

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

Mr. Burns moved to strike out “vote” in the eighth line “for representative,” and insert “at said election;” which was adopted.

Mr. Pickett moved to amend section one, so as to require the amendment to be read “on three several days in each house,” which was adopted.

Mr. Little moved to amend by striking out “three months” publication and require thirty days.

Mr. Richards moved to lay it on the table; carried.

Mr. Flournoy moved to reconsider the vote tabling Mr. Aiken’s amendment.

On motion of Mr. Richards, it was tabled.

Section one, as amended, was adopted.

Section two was then adopted, and the article referred to the committee on the order, consistency and harmony of the whole constitution.

Mr. Cobb moved to take up the following articles:

MISCELLANEOUS PROVISIONS.

1. No person holding an office of profit under the United


160

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 enterprises for any purpose, and it 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.

Mr. Moren offered the following amendment to the first section: “Nor shall any one man hold two offices of profit or honor at one and the same time in this State.” Adopted. The section was then so amended as to except postmasters with salaries of $200 justices of the peace, notaries public and commissioner of deeds.

The second section was stricken out.

Mr. Rice offered the following as an additional section:

“No law, touching the right of any qualified elector to vote at any election in this State, shall be enforced, which requires of any qualified elector, in any part of this State, anything that is not legally required of every other qualified elector in every part of the State, to entitle such elector to vote at any election in this State.” Tabled.

Mr. Oates offered the following section to be put in the Article on Miscellaneous Provisions.

It shall be the duty of the General Assembly, at the first session thereof, after the ratification of this constitution, to provide by law for the transfer and assignment of all mortgages and liens, now held by the State as a security or indemnity against loss on account of the endorsement by the State of the bonds of railroad companies to the holders of such bonds; and the acceptance of such mortgages and liens, by the holders of such endorsed bonds transferred and assigned as aforesaid, shall be a full and complete release of the State from all liability of such bonds, and the General Assembly shall not have power to pass any law making any provision by taxation or appropriation from the State Treasury for the payment of either interest or principal of the bonds of any railroad company, which have been endorsed by the State.

Mr. Inzer moved to indefinitely postpone its further consideration; which was carried.

Mr. Burns offered the following as section two:

“The General Assembly shall enact laws for the purpose of effectually enforcing the lien of agricultural, mechanical and


161

railroad employees, upon the products of their manual labor.”

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

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

Mr. Knox offered the following resolution:

That the General Assembly shall not have power to pass any law upon the subject of dueling-and all laws now in force on this subject are avoided.

His motion, to refer to committee on the order, harmony and consistency of the whole constitution, was lost.

The Convention adjourned to 3 p. m.

CCCCB

AFTERNOON SESSION.

The Convention assembled at the designated hour.

The report of the committee on contest of J. S. Simpson, for seat occupied by Charles Gibson, was taken up.

Mr. Rice moved to table the report in Mr. Gibson’s favor; which motion was lost.

The report of the committee was concurred in:

Mr. Oates moved to reconsider the vote adopting the 27th section of article on corporations; carried.

Mr. Oates moved to add to the section “or the United States;” adopted.

The section, as amended by Mr. Oates, was adopted.

Mr. Pugh, from the committee on the order, consistency and harmony of the whole constitution, reported the declaration of rights.

Mr. President:

The committee on the order, consistency and harmony of the whole constitution, to which was referred the declaration of rights, have had the same under consideration, and have instructed me to make the following report:

The committee recommends the adoption of the following substitute for the preamble:

We, the people of the State of Alabama, in order to establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and to secure to ourselves and to our posterity life, liberty and property, profoundly grateful to Almighty God for this inestimable right, and invoking His favor and guidance, do ordain and establish the following constitution and form of government for the State of Alabama:


162

Strike out “or information” where they occur in the seventh section, immediately after indictment.

Strike out the words “land and naval service, or in the militia,” where they occur in the ninth section, and insert in lieu thereof the words “militia and volunteer forces.”

Insert after the word “cause,” in the eleventh section, the words “or proceedings.”

Strike out “the General Assembly,” in 25th section, and insert “law.”

Strike out section 31 and insert, in lieu thereof, the following: “That immigration shall be encouraged, emigration shall not be prohibited, and no citizen shall be exiled.”

Strike out section 38 and insert, in lieu thereof, the following: “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, shall be made by law.”

The report was adopted.

Also, reported back the articles on distribution of powers, and State and county boundaries.

Report adopted.

On motion of Mr. Davis, the Convention adjourned until 9 o’clock to-morrow morning.

________