TUESDAY, September 7, 1875.

The Convention met pursuant to adjournment.

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

Mr. President announced the first business in order to be the election of a Secretary, Assistant Secretary and Door-keeper.

Mr. Foster, of Barbour, nominated B. H. Screws for Secretary.

On motion of Mr. Martin, Mr. Screws was elected by acclamation.

Mr. O’Neal nominated Thomas H. Watts, jr., for Assistant Secretary, who, on motion of Mr. Battle, was elected by acclamation.

Mr. Murphree nominated Pat Doran for Door-keeper, who, on motion of Mr. Richards, was elected by acclamation.

Mr. Oates moved that the President be authorized to appoint two pages.

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

Mr. Oates’ motion was then carried.

Yeas 76, nays 13.

Those who voted yea, are-

Messrs. President, Aiken, Akers, Allgood, Battle, Bliss, Bolling, Brewer, Brown, Burgess, Burton, Calloway, Cobb, Coleman, Dickinson, Flournoy, Forwood, Foster of Barbour, Gamble, Garrett, Gibson, Gilbreath, Gordon, Green of Choctaw, Gullett, Hames, Hargrove, Harrison, Herndon, Hudson, Inzer, Johnston of Macon, Jones, Kelly, Langdon, Laird, Lea of Baldwin, Lea of Dallas, Lewis, Little, Long, Lowe, Lyon, Manasco, Martin, McClellan, Meadows, Moren, Murphree, Musgrove, NeSmith, Nisbett, Norwood, Nowlen, Oates, O’Bannon, O'Neal, Parks, Pickett, Powell of Bullock, Powell of Tuscaloosa, Prince, Pugh, Ralls, Robinson, Samford, Scott, Sterrett, Stone, Swan, Sykes, Torrey, Weathers, White, Willett, and Woolf-76.

Those who voted nay, are-

Messrs. Booth, Bulger, Carson, Curtis, Delbridge, Foster of Hale, Heflin, Knox, Livingston, Plowman, Rice, Richards, Smith and Taylor-13.

Mr. Langdon offered the following resolution:

Resolved, That in order to expedite the business of this Convention, the President be authorized to appoint eleven Standing Committees of thirteen members each, to consider certain sections respectively of the present Constitution, and


to report upon the same, with such recommendations for amendment and revision as may be deemed necessary and proper, to-wit:

1. A Committee on the Bill of Rights.

2. A Committee on the Legislative Department.

3. A Committee on the Executive Department.

4. A Committee on the Judicial Department.

5. A Committee on Education.

6. A Committee on Finance and Taxation.

7. A Committee on Election and Basis of Representatives.

8. A Committee on Corporations.

9. A Committee on Exemptions.

10 A Committee on Amendments to the Constitution, and miscellaneous provisions.

11. A Committee on the Order, Consistency and Harmony of the Whole Constitution.

Mr. Lyon offered the following as a substitute:

Resolved, That a committee be appointed by the President, to consist of nine members, to take into consideration the existing Constitution of the State, with a view to the amendment of the same, and that said committee report at an early day, for the action of the Convention, such amendments of the same as then would recommend to be made, or that they report a new Constitution to be acted on and adopted by the Convention, in the place and stead of the one now in force, as they may deem best.

Resolved further, That in the meantime all petitions, resolutions or propositions relative to changes, alterations, or amendments of the Constitution, be referred to the same committee.

Resolved further, That the committee have leave to sit during the sessions of the Convention, and to employ a clerk if necessary.

Mr. Lea of Dallas, offered an amendment that as soon as the committee of nine reports, their work be then referred to sub-committees; which amendment Mr. Lyon accepted as an amendment to his substitute.

Mr. O’Neal moved to table the substitute as amended;

which motion was carried.

Mr. McClellan offered the following substitute:

Resolved, That the Convention go at once into Committee of the Whole, and take up for examination and discussion the present Constitution, section by section, and adopt, reject, revise, add to or take from the same in such manner as the wisdom of the Convention may suggest, not inconsistent with


the Constitution of the United States or the enabling act under which the Convention was called.

Resolved, That if in the deliberations of the Convention, as above stated, differences arise, the various suggestions and motions submitted shall, after brief debate, be referred to the appropriate committees for their action thereon.

Mr. Oates moved to lay both substitutes on the table; which motion was carried.

The original resolution, offered by Mr. Langdon, was then adopted.

Mr. Manasco offered the following resolution:

Resolved, That a committee of seven be appointed by the President, whose duty it shall be to take into consideration the formation of a Constitution for the State of Alabama, to be modeled upon the Constitution of 1819, with the exception of the provisions relating to slavery, the elective franchise, and the banking system, and to make such alterations and improvements thereon as are suggested or demanded by the changed condition of the people.

Resolved, That all resolutions relating to the formation of a Constitution be referred to said committee.

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

Mr. Scott, a resolution that all resolutions, petitions, etc., of whatever character, be referred to the appropriate committee, without debate; which was lost.

Mr. Garrett offered the following resolution:

Resolved, That the rules governing the last House of Representatives be adopted for the government of this Convention, until otherwise ordered, except Rule 22, for which the following substitute is adopted: “The previous question shall be submitted in the following form, without debate, ‘Shall the main question be now put?’ and when decided in the affirmative by a two-thirds vote, shall preclude all amendments and debate;” and except Rule 23, which shall be amended by striking out 9, and inserting 13.

Mr. Sykes offered as an amendment the following, which was accepted by Mr. Garrett:

Resolved, That a committee of three be appointed by the President to draft rules for the government of this Convention, and until such rules are reported and adopted, the rules of the last House of Representatives shall be observed.

Mr. Knox moved to strike out “two-thirds,” and insert “four-fifths.”

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


The resolution, as amended, was adopted.

Mr. Lowe offered the following resolution, which was adopted:

Resolved, That the President of this Convention appoint a committee of five, to which any petition or communication denying the right of any person to hold a seat in this Convention, shall be referred without debate.

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

Mr. Oates offered a proposition in relation to the State University and Mechanical & Agricultural College.

Also, in relation to the militia.

Also, in relation to elections;

All of which were referred to the appropriate committees, when raised.

Mr. Foster of Barbour, a resolution extending the courtesies of the Convention to representatives of the Press.


Mr. Hargrove, a resolution requesting ministers of the city and members of the Convention who are ministers, to open the Convention with prayer. Adopted.

M. Rice, a petition of J. S. Simpson, of Lawrence county, in reference to his contest for a seat in this Convention; referred to a committee of five.

Mr. Samford, a resolution that no articles nor sections of a constitutional character, to be incorporated in the Constitution, be introduced until the standing committees are appointed; which was adopted.

On motion of Mr. Little, the Convention adjourned until 10 o’clock to-morrow.