6

JOURNAL OF ALABAMA.

SECOND DAY.

CONSTITUTIONAL CONVENTION HALL.

Montgomery, Ala., Wednesday, May 22, 1901.

The Convention was called to order by the Chief Justice at 11 A.m.

The Divine blessing was invoked by the Rev. Mr. Patterson, of Montgomery.

Upon the call of the roll 150 members, a quorum, responded as follows:

Messrs. A1mon

deGraffenried,

Altman

Duke,

Ashcraft

Eley,

Banks

Eyster,

Barefield

Espy,

Beavers

Ferguson,

Beddow

Fitts,

Bethune

Fletcher,

Blackwell

Foshee,

Boone

Foster,

Brooks

Freeman,

Browne

Gilmore,

Bulger

Glover,

Burnett

Graham (Montgomery),

Burns

Graham (Talladega),

Byars

Grant,

Cardon

Grayson,

Carmichael (Colbert)

Greer (Calhoun),

Carmichael (Coffee)

Greer (Perry),

Carnathon

Haley,

Case

Handley,

Chapman

Harrison,

Cobb

Heflin (Chambers),

Coleman (Greene)

Heflin (Randolph),

Coleman (Walker)

Henderson,

Cornwell

Hinson,

Craig

Hodges,

Cunningham

Hood.

Davis (DeKalb)

Howell,

Davis (Etowah)

Howze,

Dent

Inge,


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CONSTITUTIONAL CONVENTION.

Jackson,

Phillips,

Jenkins,

Pillans,

Jones (Bibb),

Pitts,

Jones (Hale),

Porter,

Jones (Montgomery),

Proctor,

Jones (Wilcox),

Reese,

King,

Renfroe,

Kirk,

Reynolds (Chilton),

Kirkland,

Reynolds (Henry),

Knight,

Robinson,

Kyle,

Rogers (Lowndes),

Ledbetter,

Rogers (Sumter),

Leigh,

Samford,

Locklin,

Sanders,

Lomax,

Searcy,

Long (Butler),

Selheimer,

Long (Walker),

Sentell,

Love (Lawrence),

Sloan,

Macdonald,

Smith (Mobile),

McMillan (Baldwin),

Smith, Mac. A.,

McMillan (Wilcox),

Smith, Morgan M.,

Malone,

Sollie,

Martin,

Sorrell,

Maxwell,

Spears,

Merrill,

Spragins,

Miller (Marengo),

Stewart,

Miller (Wilcox),

Studdard,

Moody,

Tayloe,

Morrisette,

Thompson,

Mulkey,

Vaughan,

Murphree,

Waddell,

NeSmith,

Walker,

Norman,

Watts,

Norwood,

Weakley,

Oates,

Weatherly,

O’Neal (Lauderdale),

White,

O’Neill (Jefferson),

Whiteside,

Opp,

Willett,

O’Rear,

Williams (Marengo),

Palmer,

Williams (Elmore),

Parker (Cullman),

Wilson (Clarke),

Parker (Elmore),

Wilson (Washington),

Pearce,

Winn-150.

Pettus,


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JOURNAL OF ALABAMA

Mr. Graham moved that the Convention proceed to the election of permanent officers, which motion prevailed.

Mr. T. W. Coleman placed in nomination for President of the Convention Mr. John B. Knox of Calhoun. The motion was seconded by Mr. J. Thomas Heflin, of Chambers. No other nominations being made, Mr. Coleman moved that the rules be suspended and that Mr. Knox be elected by acclamation, which motion prevailed. Mr. Knox was thereupon unanimously elected by acclamation.

The Chair appointed Messrs. T. W. Coleman, Oates and Lomax to advise Mr. Knox of his election and escort him to the President's chair.

The Chief Justice presented Mr. Knox to the Convention as its President, and relinquished to him the chair.

In accepting it Mr. Knox said:

Gentlemen of the Convention:

I thank you for the high honor you have conferred in elevating me to preside over the deliberations of this Convention. Viewed from the standpoint of my profession, to which, up to this moment, my life’s work has been devoted, it is a great honor, indeed; for I know of no higher honor than can be conferred upon a lawyer than to be made President of the Constitutional Convention, which represents the sovereignty of his people, and numbers among its delegates, in large part, the intellect and talent of the State-those who have in the past, and who will in the future exert a potent influence in shaping and directing the affairs of the State.

IMPORTANCE OF THE ISSUE.

In my judgment, the people of Alabama have been called upon to face no more important situation than now confronts us, unless it be when they, in 1861, stirred by the momentous issues of impending conflict between the North and the South, were forced to decide


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CONSTITUTIONAL CONVENTION.

whether they would remain in or withdraw from the Union.

Then, as now, the negro was the prominent factor in the issue.

The Southern people, with this grave problem of the races to deal with, are face to face with a new epoch in Constitution-making, the difficulties of which are great, but which, if solved wisely, may bring rest and peace and happiness. If otherwise, it may leave us and our posterity continuously involved in race conflicts, or, what may be worse, subjected permanently to the baneful influences of the political conditions now prevailing in the State.

So long as the negro remains in insignificant minority, and votes the Republican ticket, our friends in the North tolerate him with complacency, but there is not a Northern State, and I might go further and say there is not an intelligent white man in the North, not gangrened by sectional prejudice and hatred of the South, who would consent for a single day to submit to negro rule.

If the negroes of the South should move in such numbers to the State of Massachusetts or any other Northern State, as would enable them to elect the officers, levy the taxes and control the government and policy of that State, I doubt not they would be met, in spirit, as the negro laborers from the South were met at the State line of Illinois, with baronets, led by a Republican Governor, and firmly but emphatically informed that no quarter would be shown them in that territory.

One has studied the history of recent events to very little purpose who has failed to discover that race prejudice exists at the North in as pronounced a form as at the South, and that the question of negro domination, when brought home, will arouse the same opposition in either section.

And what is it that we do want to do? Why, it is, within the limits imposed by the Federal Constitution, to establish white supremacy in this State.

This is our problem, and we should be permitted to deal with it, unobstructed by outside influences, with a sense of our responsibilities as citizens, and our duty to posterity.


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JOURNAL OF ALABAMA

NORTHERN INTERFERENCE.

Some of our Northern friends have ever exhibited an unwonted interest in our affairs. It was this interference on their part that provoked the most tremendous conflict of modern times; and there are not a few philanthropists in that section who are still uneasy lest we be permitted to govern ourselves and allowed to live up to the privileges of a free and sovereign people! Some of the same, in like missionary spirit, are greatly concerned about the condition of the Chinaman in China, but we do not find them appealing to Congress, or interfering with the local policy of California, a Northern State, for the protection of the Chinaman, who is a resident there, or making any attempt to interfere with the right of that people to govern themselves, and to provide for a pure administration of government and for the protection of property!

If it is the negro that is the object of their solicitude, it would seem-not to speak of Africa itself-they would find an inviting field in Cuba and in our new acquisitions of Hawaii, Porto Rico and the Philippines. The disinclination they exhibit to enter this field only serves to confirm the well- grounded conviction in this section, that the point of their interference is not so much to elevate the black man as it is to humiliate the white man, with whom they have long been in antagonism.

But we may congratulate ourselves that this sectional feeling, which has served to impair the harmony of our common country, and to limit the power and retard the development of the greatest government on earth, is fast yielding; to reason.

While me may differ from him politically, there is not an enlightened and patriotic Southern man who fails to see that much of this result is due to the honorable and statesmanlike policy of the present Chief Executive of these United States, who, by the consideration he has shown our section in many ways, notably in the Spanish-American war, and by refusing to lend his approval to any movement looking to the reduction of our represent-


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CONSTITUTIONAL CONVENTION.

tation in Congress or in the Electoral College; has shown himself capable of being President of the whole country, and not merely one section of it, and has been enabled to present the spectacle of a reunited people, and contributed much to place our government in the very front rank with the nations of the world.

THE ATTITUDE OF THE SOUTHERN MAN TOWARDS THE NEGRO.

The Southern man knows the negro, and the negro knows him. The only conflict which has, or is ever likely to arise, springs from the effort of ill-advised friends in the North to confer upon him, without previous training or preparation, places of power and responsibility, for which he is wholly unfitted, either by capacity or experience.

When it comes, however, to dealing with the negro, in domestic service, or in a business way, the Southerner is infinitely more indulgent to him than his Northern compatriot.

There comes to us a well authenticated story from Kentucky, of an old darky, who, after the war, influenced by the delusion that the only friends the negro had were in the North, wandered up into Illinois, hoping to find an easy fortune. But here he soon found, that while the people had much to say to him about the evils of slavery, and the destiny of his race, every one with whom he did business, held him to a strict accountability. Trained, as he was, to the slow movement of the mule in the Southern cornfield and cotton patch, he could not handle the complicated machinery, or keep pace with the quicker methods of farming in the west and so he was soon cast adrift. When he asked for help he was told to go to work, and so he wandered, foot-sore and weary, back through Indiana and Ohio, until he reached again the old Southern plantation in Kentucky. Finding the planter comfortably seated upon his veranda, the old darky approached, hat in hand, and asked for something to eat.


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JOURNAL OF ALABAMA

“Why, you damn black rascal, what are you stopping here for? Go into the kitchen and tell the cook to give you something to eat.”

“Before God, master,” the old darkey said, grinning from ear to ear, “them’s the sweetest words I’se heard since I left old Dixie.”

The old man was home at last. He was among people who understood him, and whom he understood.

WHITE SUPREMACY BY LAW.

But if we would have white supremacy, we must establish it by law-not by force or fraud. If you teach your boy that it is right to buy a vote, it is an easy step for him to learn to use money to bribe or corrupt officials or trustees of any class. If you teach your boy that it is right to steal votes, it is an easy step for him to believe that it is right to steal whatever he may need or greatly desire. The results of such an influence will enter every branch of society; it will reach your bank, cashiers, and affect positions of trust in every department; it will ultimately enter your courts, and affect the administration of justice.

I submit it to the intelligent judgment of this Convention that there is no higher duty resting upon us citizens and as delegates, than that which requires us to embody in the fundamental law such provisions as will enable us to protect the sanctity of the ballot in every portion of the State.

The justification for whatever manipulation of the ballot that has occurred in this State has been the menace of negro domination. After the war, by force of Federal bayonets, the negro was placed in control of every branch of our government. Inspired and aided by unscrupulous white men, he wasted money, created debts, increased taxes until it threatened to amount to confiscation of our property. While in power, and within a few years, he increased our State debt from a nominal figure to nearly thirty millions of dollars. The right of revolution is always left to every people. Being prostrated by the effects of the war, and unable to take


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CONSTITUTIONAL CONVENTION.

up arms in their own defense, in some portions of this State, white men, greatly in the minority, it is said, resorted to stratagem-used their great intellect to overcome the greater numbers of their black opponents. If so, such a course might be warranted when considered as the right of revolution, and as an act of necessity for self-preservation. But a people cannot always live in a state of revolution. The time comes when, if they would be a free, happy and contented people, they must return to a constitutional form of government, where law and order prevail, and where every citizen stands ready to stake his life and his honor to maintain it.

WHAT REMEDY SHALL BE ADOPTED.

Upon the threshold of our deliberations, I will not undertake to indicate to you how you should solve this new and difficult question of Constitutional reform. At the outset of this movement, I venture to suggest that delegates should be cautious in undertaking to define just what provisions would be or should be embodied in the Constitution; that the new Constitution, when made and placed before the people for ratification, would be and ought to be the result of the united action of the Convention; that if one came here with his mind made up and his Constitution in his pocket, he would hardly be in a fit condition to confer with his fellow delegates on this important subject. I still hold this view. I fail to appreciate the idea of those who seem to think it the duty of delegates to this Convention to write out and publish their views before the Convention meets. Under this plan, we would be liable to have as many Constitutions as delegates. What the people want, in my judgment, is an earnest consideration of and consultation upon these important questions, so that the finished work will represent the united wisdom and experience of the Convention.

Mississippi is the pioneer State in this movement. In addition to the payment of a poll tax, there it is provided that only those can vote who have been duly reg-


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JOURNAL OF ALABAMA

istered, and only those can register who can read, or understand when read to them, any clause in the Constitution. The decision as to who are sufficiently intelligent to meet the requirements of the understanding clause is exclusively in the hands of the registrars.

But to this plan, the objection has been urged with force that it perpetuates the very form of abuse from which we are seeking to escape; that elections by managers or registrars is not what we want. Our aim should be for a correction of all evils which threaten the purity of the ballot and the morals of the people.

The provision adopted in South Carolina requires the payment of the poll tax, assessed against him for the previous year, six months before any election, and that the voter shall be duly registered. To be qualified for registration up to January 1st, 1898, voters must have been able to read a clause in the Constitution, or understand or explain it when read by the registration officer; and all who register subsequent to that time must be able both to read and write any section of the Constitution, or else show ownership of property assessed at three hundred dollars or more, and the payment of all taxes assessed against him and collectable during the previous year.

In Louisiana and North Carolina, the methods of relief adopted are substantially the same, and require in addition to the poll tax clause, that the voter shall register in accordance with the provisions of the Constitution, and only those are authorized to register who are able read and write any section of the Constitution in the English language, with the further proviso that no male person who was, on January 1st, 1867, or at any time prior thereto, entitled to vote under the laws of any State in the United States wherein he then resided, and no lineal descendant of any such person shall be denied the right to register and vote at any election by reason of his failure to possess the educational qualifications prescribed, provided he registers within the time limited by the terms of the Constitution, which in Louisiana is about six months, in North Carolina about eight years.


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CONSTITUTIONAL CONVENTION.

It is contended in defense of this provision, that while in effect, it will exclude the great mass of ignorant negro voters, it does not, in terms, exclude them, and applies generally to all classes of voters, without reference to their race, color or previous condition of servitude; that all negroes who were voters prior to January, 1867,-of whom it was claimed, there were quite a number- could vote, and the descendants-whether slaves or not-of these free negroes, were entitled to vote, and that these were quite numerous. And, on the other hand, that white people born in other countries-emigrants-who cannot read and write, could not vote, nor could white people who were unable to vote in the State in which they lived prior to 1867, unless they were able to read and write. If it be said that this exception permits many more white people to vote than negroes, the answer was that this would be equally true of any proper qualification which might be proposed. It would be true of an educational qualification, and it would be true of a property qualification, the validity of which has never been questioned.

These provisions are justified in law and in morals, because it is said that the negro is not discriminated against on account of his race, but on account of his intellectual and moral condition. There is a difference it is claimed with great force, between the uneducated white man and the ignorant negro. There is in the white man an inherited capacity for government which is wholly wanting in the negro. Before the art of reading and writing was known, the ancestors of the Anglo-Saxon had established an orderly system of government, the basis, in fact, of the one under which we now live. That the negro, on the other hand, is descended from a race lowest in intelligence and, moral perception of all the races, of men. As was remarked by the Supreme Court of the United States, in the case of Williams vs. Mississippi (170 U. S., 213), quoting the Supreme Court of Mississippi, “Restrained by the Federal Constitution from discriminating against the negro race, the Convention discriminates against its characteristics and the offenses to which its criminal members are prone.”


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JOURNAL of ALABAMA

As stated by Judge Cooley, the right of suffrage is not a natural right, because it exists where it is allowed to be exercised only for the good of the State-to say that those who participate in the affairs of the State would endanger and imperil the good of the State, have, nevertheless, the right to participate, is not only folly in itself, but it is to set the individual above the State.

THE RIGHT OF SUFFRAGE IN MASSACHUSETTS.

The election laws in Massachusetts contain substantially the same provisions as are embodied in the Constitution of Louisiana and North Carolina just referred to. The election law of that State, as it stands today, provides that the voter must be able to read the Constitution of the Commonwealth in the English language, and to write his name, except that “no person who is prevented from reading and writing as aforesaid, by physical disability, or who had the right to vote on the 1st day of May in the year 1857, shall, if otherwise qualified, be deprived of the right to vote by reason of not being able so to read or write.”

While it is true that the provisions of this law do not extend to the descendants of the voter, yet it does not seem that on that account the principle involved would be affected. The exception in the Massachusetts law was no doubt directed against illiterate and incompetent immigrants, whereas, the provisions in the Constitution of Louisiana and North Carolina were directed against illiterate and incompetent negroes, as well as foreigners.

But it is beyond the province of courts, it is claimed, to inquire into the motives of the law-making power; their function is confined to ascertaining the meaning and effect of the law drawn in question.

These views have been elaborated and ably defended by Mr. Semmes of Louisiana and by Mr. Rountree and Senator Simmons of North Carolina, from whose able arguments I have greatly profited.


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CONSTITUTIONAL CONVENTION.

They find strong support in the opinion of the Supreme Court of the United States, in the Mississippi case, where it is said: “If weakness were to be taken advantage of, it was to be done within the field of permissible action, under the limitations imposed by the Federal Constitution, and the means of it were the alleged characteristics of the negro race, not the administration of the law by officers of the State. Besides, the operation of the Constitution and laws is not limited by their language or effect to one race.” Williams vs. Mississippi, 170, U. S., 113.

In Van Valkenberg vs. Brown (13 Am. Rpts., 142), speaking of the limitation imposed upon the States by the recent amendment to the Federal Constitution, the Supreme Court of California say: “The mere power of the state to determine the class of inhabitants who may vote within her limits was not curtailed by the Fourteenth Amendment. The Fifteenth Amendment took away her power to discriminate against citizens of the United States on account of either race, color or previous condition of servitude, but the power of exclusion upon all other grounds remains intact.”

Practically to the same effect is the decision of the United States, Supreme Court in the case of Minor vs. Happersett, 21 Wall, 162.

The principle of inherited capacity is recognized even by the inspired Apostle, for you remember where Paul, in his epistle to Timothy, when he was preparing to preach the glorious gospel, refers to it even in the matter of faith, for he says: “I am persuaded that the unfeigned faith which dwelt first in thy grandmother Lois, and in thy mother Eunice, dwells also in thee.”

The great work before this Convention will be to study and carefully consider this question. It is for this purpose that so many of the wise and conservative men of the State, including many of the ablest representatives of the bar, have been asked, for the time, to lay aside their business and the duties of an exacting profession, and consecrate to the service of the State all the talent, experience and ability they possess. I am not prepared to say whether or not this Convention will


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JOURNAL OF ALABAMA

approve the form of relief which has been adopted in our sister States, but I feel confident that there is intelligence and ability enough here to settle this question to the satisfaction of our people. We have inaugurated the movement, and we must succeed, and I confidently believe we will succeed. It is not to be expected that a reform movement like this will meet with universal approval, but when your finished work is submitted, and you present, as I believe you will, a practical solution of the evil conditions under which we now live, it will be appreciated and accepted by our people.

AUTHORITY TO FUND THE STATE DEBT.

There are other questions which might be considered, but to which I shall be able to give only passing notice. In view of the fact that a large part of the State’s bonded indebtedness will soon mature, it is important and necessary that some provision should be made for funding the indebtedness of the State. Very able lawyers have doubted if there be any authority in the State, under the present Constitution to fund the State=s indebtedness. At the time of the adoption of the present Constitution, the creation of debt on the part of State, county and municipal authorities had been abused to such an extent as to cause great alarm, and so the framers of the present Constitution, in their anxiety to curtail this evil, seem not to have provided as fully as might be for the payment of the funding of the State=s indebtedness by the issuance of new bonds or obligations. The provision of the present Constitution on this subject is as follows:

“After the ratification of this Constitution, no new debt shall be created against, or incurred by this State, or its authority, except to repel invasion or suppress insurrection, and then only by a concurrence of two-thirds of the members of each house of the General Assembly, and the vote shall be taken by yeas and nays, and entered upon the journals; and any act creating or incurring any new debt against this State, except as herein provided for, shall be ab-


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CONSTITUTIONAL CONVENTION.

solutely void; provided, the Governor may be authorized to negotiate temporary loans, never to exceed one hundred thousand dollars, to meet deficiencies in the treasury; and until the same is paid, no new loan shall be negotiated; provided, further, that this section shall not be construed as to prevent the issuance of bonds in adjustment of existing state indebtedness.”

The power to settle the State’s then existing indebtedness has been exercised under the debt settlement acts, and a doubt has been raised whether, under the restrictive terms of the present Constitution, there be any power to issue new bonds to pay or fund the debt at its maturity.

There can be no doubt but that the State debt, under present conditions, can be funded at a greatly reduced rate of interest, and at such a rate as will leave the State largely more than the cost of the holding of this Convention.

MUNICIPAL AND COUNTY INDEBTEDNESS.

Then, again, there is the question of the authority of county and municipal governments to create debts totally beyond the resources which must be looked to provide payment. The framers of the present Constitution carefully stipulated a maximum rate of taxation, but made no provision against the creation of debt over and beyond the resources of the county or municipality. Consequently, improvident and unscrupulous officers have been able to impair the credit and fasten a load of debt upon cities and counties in different portions of the State, which has involved many of them in litigation and bankruptcy. Some just provision should be incorporated, limiting the power to create debt beyond the reasonable ability of the county or municipality to pay.


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believe we should keep faithfully the pledges we have given not to increase taxation, but this should not deter us from making every effort to rid our State of the disgrace of its illiteracy. As Dr. Curry forcibly puts it, it will not do to say you are too poor to educate the people-you are too poor not to educate them.

Nothing has so retarded the rapid growth and development of our State as the absence of a well-regulated system of public schools, so as to place within the reach of every child in the State, both rich and poor, the means of obtaining, free of tuition fees, such instruction as will qualify him for the responsible duties of life.

The productive power of labor in Massachusetts is said to be nearly double that of the average for each inhabitant of the whole United States, and the reason assigned is the superior educational advantages she furnishes to her people.

You cannot expect skilled labor to enter our State if, by doing so their children are to be denied the means of a common school education. We must fight ignorance as we would fight malaria, for it is only by educating its people that a State can gain and maintain a proud position among the nations of the earth.

It has been urged in some quarters as a reason why this movement for a new Constitution should be defeated that we propose to adopt a suffrage plank which will offer to the negro an incentive to obtain an education, while the child of the white man will be without a like stimulus, because protected in his right to vote, without regard to the density of his ignorance.

I do not understand that any delegate to this Convention is pledged to any such legislation. We are pledged “not to deprive any white man of the right to vote,” but this does not extend unless this Convention chooses to extend it beyond the life of voters now living. It is a question to be considered most carefully whether we would be warranted in pursuing any course which would have a tendency to condemn any part of our population to a condition of perpetual illiteracy. Provision of the Constitution prescribing educational


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CONSTITUTIONAL CONVENTION.

qualifications for the voters as it affects those who now have no right to vote, but in the course of time will acquire the right, are wisely intended to serve not as a curse, but as a noble stimulus to the acquirement of an education and to proper preparation for meeting and discharging the duties of a citizen.

There is strong reason why those who have fought the battles of the State-those who have been trained in the duties of citizenship, and possess character, judgment and intelligence which enable them to appreciate the responsibility it imposes, should not be denied the right to vote, even though they may lack the elements of an education, but it does not follow that it is to the interest of the State that the indulgence should be extended to the second generation-especially so when it is considered that the facilities for learning to read and write are within reach and so easy to obtain!

The States of Mississippi, South Carolina and Louisiana, in dealing with this great question, have rightfully considered that the betterment of the facilities for securing an education for all the people was a necessary and essential part of any just and wise scheme for the regulation of the right of suffrage, and for the purification of the ballot.

There are other matters of importance I might refer to, but I have already continued much longer than was intended. Your work is before you. The responsibilities it imposes are great, but I do not doubt that you will discharge them with courage and with fidelity. In my judgment, it is better-far better-to have accomplished something for the permanent and everlasting good of your people than to possess any honor which the State can confer.

Abou Ben Adhem awakened from a dream, found an angel writing in a book of gold the names of those whom love of God had blessed. “And is my name there?” he asked. But the angel answered, “Nay.” “I pray thee, then,” he said, “write me as one who loves his fellow man.” The angel wrote and vanished. The next night it came again, with a great wakening light, and showed the names whom love of God had blessed. And, lo! Ben Adhem’s name led all the rest.


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JOURNAL OF ALABAMA

Upon the conclusion of Mr. Knox’s address, Mr. Brooks moved that the remarks of the President be spread upon the journal of the Convention. The motion was seconded, was put to the Convention by its mover, and was unanimously adopted.

Mr. Ashcraft offered the following resolution, which was unanimously adopted:

“Resolved, That the Convention proceed with the further organization by the election of the following officers, in the order named: Secretary, Assistant Secretary, Doorkeeper, Assistant Doorkeeper.”

Mr. Carmichael, A. H. placed in nomination for Secretary Mr. Frank N. Julian of Colbert. There being no other nomination, the rules were suspended, and Mr. Julian was elected by acclamation.

Mr. Lomax placed in nomination for Assistant Secretary Mr. William T. Herbert of Montgomery, who was, under a suspension of the rules, also elected by acclamation.

Mr. Graham, J. B., nominated Mr. Robert Hasson of Calhoun for Doorkeeper; the rules were suspended and he was elected by acclamation.

Mr. Sollie nominated Mr. T. J. Fain of Dale for Assistant Doorkeeper, and he was likewise elected by acclamation, the rules having been suspended.

Mr. Smith of Mobile introduced the following resolution, which was unanimously adopted:

Resolution 2-

“Resolved, That the President appoint a Committee on rules, of nine members, of which the President shall be the chairman, to report the number of subordinate officers, the manner of their selection, and their duties, the various standing committees, the order of business, and the rules for the government of this Convention.”

The following resolution was introduced by Mr. Browne, and was unanimously adopted:

Resolution 3-

“Resolved, That until the report of the Committee on Rules, all resolutions shall be referred, without debate, to the appropriate committees when raised.”


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CONSTITUTIONAL CONVENTION.

Mr. Heflin, of Chambers, moved that a, committee of nine, one from each of the Congressional Districts, be appointed by the Chair to select seats for the several members.

Mr. Blackwell, of Morgan, offered as a substitute the following:

“Resolved, That in order to equitably assign the delegates seats in this Convention, that the names of all the delegates be placed in a hat and that one of the pages be blindfolded and draw one at a time the names from the hat, and that the Secretary immediately read the names so drawn, and that the party whose name is read at once select his seat. And after all the seats are so drawn, delegates shall have the right to exchange seats if they so desire.”

The substitute was adopted.

Mr. Oates offered the following resolution:

“Resolved, That a special committee of nine members be appointed by the Chair, to take into consideration the advisability of contracting with an expert stenographer to report the proceedings of this Convention in full, and the necessary cost thereof, and report the same to the Convention at the beginning of to-morrow’s session.”

The rules were suspended and the resolution was adopted.

Mr. Sanford offered the following resolution, which was referred to the Committee on Rules:

“Resolved, That this Convention will entertain no motion, resolution or ordinance, having for its object the revision or amendment of the Constitution, until the committees are appointed by the President.”

On motion of Mr. Eyster, the oath of office was administered by the President to Messrs. Frank N. Julian, William F. Herbert, Robert Hasson and T. J. Fain, the newly-elected officials of the Convention.

The Journal of yesterday was read and approved.

Indefinite leave of absence was accorded Hon. Jere N. Williams on account of illness in his family.

Mr. Howell offered the following resolution:


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JOURNAL OF ALABAMA

“Resolved, That a committee of three be appointed by the Chair to wait on the clergymen of this city and invite them to lead religious service at the opening of the morning session of this body.”

The rules were suspended, and the resolution was unanimously adopted.

Mr. Long of Walker moved a reconsideration of the vote by which Mr. Blackwell’s resolution relating to the assignment of seats had passed.

Mr. Fitts made the point of order that, as business had intervened since the adoption of the resolution; Mr. Long’s notion was out of order.

The Chair declined to sustain the point of order. Mr. White spoke in opposition to the motion of Mr. Long, and concluded by moving to lay it on the table, the following being the vote on the motion:

YEAS.

Messrs. President,

Eley,

Almon,

Eyster,

Altman,

Espy,

Ashcraft,

Ferguson,

Banks,

Fitts,

Barefield,

Foshee,

Bartlett,

Foster,

Beavers,

Freeman,

Beddow,

Gilmore

Blackwell,

Graham (Talladega),

Boone,

Grant,

Browns,

Greer (Calhoun),

Bulger,

Handley,

Burnett,

Harrison,

Burns,

Henderson,

Byars,

Hinson,

Carmichael (Colbert),

Hodges,

Carmichael (Coffee),

Howell,

Carnathon,

Jackson,

Cage,

Jones (Hale),

Cunningham,

Jones (Wilcox),

Dent,

King,

deGraffenried,

Kirk,


25

CONSTITUTIONAL CONVENTION.

                                                                                   

Pettus,

Ledbetter,

Phillips,

Leigh,

Pillans,

Locklin,

Pitts,

Lomax,

Porter,

Long (Butler),

Proctor,

Lowe (Lawrence),

Reynolds (Chilton),

Macdonald,

Reynolds (Henry),

McMillan (Baldwin),

Rogers (Sumter),

McMillan (Wilcox),

Samford,

Malone,

Sanders,

Martin,

Sentell,

Maxwell,

Sloan,

Merrill,

Smith (Mobile),

Miller (Marengo),

Smith, Mac. A.,

Miller (Wilcox),

Smith, Morgan M.,

Moody,

Sollie,

Mulkey,

Sorrell,

Murphree,

Spears,

NeSmith,

Studdard,

Norman,

Thompson,

Norwood,

Vaughan,

Oates,

Waddell,

O’Neal (Lauderdale),

Walker,

O’Neill (Jefferson),

Weakley,

Opp,

Weatherly,

O'Rear,

White,

Palmer,

Whiteside

Parker (Cullman),

Wilson (Clarke),

Parker (Elmore),

Wilson (Washington).

Pearce,

Winn.

NOES.

Messrs. Bethune,

Craig,

Brooks,

Davis (DeKalb),

Cardon,

Davis (Etowah),

Chapman,

Duke,

Cobb,

Fletcher,

Coleman (Greene),

Glover,

Coleman (Walker),

Graham (Montgomery),

Cornwell,

Grayson,

26

JOURNAL OF ALABAMA

Greer (Perry),

Reese,

Haley,

Robinson,

Heflin (Chambers),

Rogers (Lowndes),

Heflin (Randolph),

Sanford,

Hood,

Searcy,

Howze,

Selheimer,

Inge,

Spragins,

Jenkins,

Stewart,

Jones (Hale),

Tayloe,

Jones (Montgomery),

Watts,

Knight,

Willett,

Kyle,

Williams (Marengo).

Long (Walker),

The President declared the motion adopted.

Mr. Cunningham moved that the assigning of seats be made the special order immediately after reading the Journal on to-morrow, the assignment to be in accordance with the resolution heretofore adopted. This motion prevailed.

On motion of Mr. Proctor, the Convention adjourned at 1:10 p. m. until 11 a.m. on to-morrow.