________

TWENTY‑THIRD DAY

CONVENTION HALL.

Montgomery, Ala., June 18, 1901

The Convention met pursuant to adjournment Prayer was offered by Rev. Mr. Murphree of the city.

ROLL CALL.

On a call of the roll of the Convention the following delegates answered to their names, which constitute a quorum:

Messrs. President,

Carmichael (Coffee),

Almon,

Carnathon,

Altman,

Case,

Ashcraft,

Chapman,

Banks,

Cobb,

Barefield,

Cofer,

Bartlett,

Coleman (Greene),

Beavers,

Cornwall,

Beddow,

Craig,

Bethune,

Davis (DeKalb),

Blackwell,

Davis (Etowah),

Boone,

Dent,

Brooks,

deGraffenried,

Browne,

Duke,

Bulger,

Eley,

Burnett,

Espy,

Burns,

Ferguson,

Byars,

Fitts,

Cardon,

Fletcher,

Carmichael (Colbert),

Foshee,


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Foster,

Maxwell,

Freeman,

Merrill,

Gilmore,

Miller (Marengo),

Glover,

Miller (Wilcox),

Graham (Montgomery),

Moody,

Graham (Talladega),

Morrisette,

Grant

Mulkey,

Grayson,

Murphree,

Greer (Calhoun),

NeSmith,

Greer (Perry),

Norman,

Haley,

Norwood

Handley,

Oates,

Harrison,

O’Neal (Lauderdale),

Heflin, (Chambers),

O’Neill (Jefferson),

Heflin (Randolph),

Opp,

Henderson,

O’Rear,

Hinson,

Palmer,

Hodges,

Parker (Cullman),

Hood,

Parker (Elmore),

Howell,

Pearce,

Howze,

Pettus

Inge,

Phillips,

Jenkins,

Pillans,

Jones (Bibb),

Porter,

Jones (Hale),

Proctor,

Jones (Montgomery),

Reese,

Jones (Wilcox),

Reynolds (Chilton),

King,

Reynolds (Henry),

Kirk,

Robinson,

Kirkland,

Rogers (Lowndes),

Knight,

Rogers (Sumter),

Kyle,

Samford,

Ledbetter,

Sanders,

Leigh,

Sanford,

Lomax

Searcy,

Long (Butler),

Selheimer,

Long (Walker),

Sentell,

Lowe (Lawrence),

Sloan,

Macdonald,

Smith (Mobile),

McMillan (Baldwin),

Smith, Mac. A.

McMillan (Wilcox),

Smith Morgan M.,

Martin,

Sorrell,


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Spears,

Weatherly

Spragins,

White,

Stewart,

Whiteside,

Studdard,

Willett,

Tayloe,

Williams (Barbour),

Thompson,

Williams (Marengo),

Vaughan,

Williams (Elmore),

Waddell,

Wilson (Clarke),

Walker,

Wilson (Washington).

Watts,

Winn-145.

Weakley,

LEAVE OF ABSENCE

Was granted to Messrs. Sollie, Malone and Renfroe for to-day.

REPORT OF THE COMMITTEE ON THE JOURNAL.

The chairman of the Committee on the Journal submitted the following report, which was concurred in:

The Committee on the Journal beg leave to report that they have examined the Journal for the twenty-second day of the Convention and that the same is correct.

Respectfully submitted

JOHN F. PROCTOR, Chairman.

QUESTION OF PERSONAL PRIVILEGE.

Mr. Long, of Walker, arose to a question of personal privilege, and stated that an editorial published in The Montgomery Advertiser of June 17th, under the head of ‘Remarkable Foresight’ did him and the two-thirds of the members of the Convention a gross injustice.

ORDINANCES ON FIRST READING.

The following ordinances were introduced, severally read one time at length and referred to appropriate committees as follows:


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Ordinance 381, by Mr. Williams, of Marengo:

To establish a whipping post.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 382, by Mr. Pettus:

To prevent and prohibit intermarriage of negroes and whites.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 383, by Mr. Browne:

To amend Section 5 of Article XIII of the Constitution. (Relates to schools.)

The ordinance was referred to the Committee on Education.

Ordinance 384, by Mr. Cofer:

An ordinance to amend Section 25 of Article II of the Constitution.

The ordinance was referred to the Committee on Judiciary.

Ordinance 385, by Mr. Davis, of Etowah:

To amend Section 7 of Article II of the Constitution.

The ordinance was referred to the Committee on Municipal Corporations.

Ordinance 386, by Mr. Lomax:

Relating to the government of the University, and the payment of interest of the University fund.

The ordinance was referred to the Committee on Education.

Ordinance 387, by Mr. Murphree:

Ordinance authorizing the reducing of the expense of administering small estates.

The ordinance was referred to the Committee on Judiciary.

Ordinance 388, by Mr. Greer of Calhoun:

An ordinance to fix the date of the election of city officers in the State of Alabama.

The ordinance was referred to the Committee on Municipal Corporations.



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CONSTITUTIONAL CONVENTION.

RESOLUTIONS ON FIRST READING.

The following resolutions were introduced, severally read one time at length, and referred to appropriate committees as follows:

Resolution 159, by Mr. Graham, of Talladega:

Resolved, That it is the sense of this Convention that the present appropriation of $550,000 and the special one mill tax, which approximates $250,000, for public schools, shall not be reduced or repealed by this Convention, either directly or indirectly.

The resolution was referred to the Committee on Education.

Resolution 160, by Mr. Browne:

Resolved That the sympathy of this Convention be and the same is hereby extended to its worthy Secretary, Frank N. Julian, in his sorrow and bereavement in the death of his brother, William Julian.

Mr. Reese moved that the rules be suspended and the resolution, No. 160, be placed upon its immediate passage. The rules were suspended, and the resolution was adopted.

Resolution 161, by Mr. Burns:

Resolved, That it is the sense of this Convention that what should not be done directly, should not be done indirectly; and that after the rules have been suspended for any special purpose amendments should not be in order.

The resolution was referred to the Committee on Rules.

Resolution 162, by Mr. Burns:

Resolved That whenever a delegate precedes his motion “to table” with a speech, or at the close of a speech calls for the previous question, he shall be declared out of order.

The resolution was referred to the Committee on Rules.

Resolution 163, by Mr. Burns:

Resolved, That it is the sense of this Convention that each and every official of each and every district, municipality, county, circuit, division, from township trus-


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tees to chancellors, shall be elected by the qualified electors thereof, and that all State officials, including Railroad Commissioners and Convict Inspectors.

The resolution was referred to the Committee on Executive Department.

Resolution 164, by Mr. Carmichael, of Coffee:

Be it resolved, That in the future petitions, memorials etc., containing more than 100 words, be referred without reading to the proper committees, and printed in the stenographic report.

The resolution was referred to the Committee on Rules.

Resolution 165, by Mr. Sloan:

Whereas, on account of the limited time of three hours each day for the sitting of this Convention, and

Whereas, it is impossible to accomplish any material work on the regular order in a session of one hour,

Therefore, be it resolved, That when this Convention adjourns on Saturday it meet on Mondays at 10 o’clock.

The resolution was referred to the Committee on Rules.

Resolution 166, by Mr. Harrison:

Resolved, That all speeches on amendments and ordinances reported by standing committees, be limited to five minutes each.

The resolution was referred to the Committee on Rules.

PETITIONS.

Petition No. 2, by Mr. Blackwell (by request):

Mr. President and Members of the Alabama Constitutional Convention:

Realizing the fact that no member of the negro race is represented in your august body to speak one word for us, we must appeal to you in this manner. Being Southern born, of ex-slaves, Southern raised, within the city where you are now in session, and having spent my energies among my people in this State for thirty years,



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I represent the product of Alabama negro manhood. I speak the sentiments of thousands of my race whose timidity locks their mouths.

We have made many errors since emancipation. We were weaker than now, and prone to mistakes. But, gentlemen, could you have looked for perfection in a race of ignorant liberated people? No matter how ignorant we were thirty years ago, and no matter how intelligent we become one hundred years from now, yet the fact remains the same-that then, now and henceforth we realize that the negro’s best friend is the Southern white man. You have proven your genuine friendship to us all along. You have given us work at any trade at which we were proficient. You have given us good schools, gone into your own pockets to educate us. You have given us counsel when we were in need of advice, for all of which we are grateful, and we hope we have proven the same to you. Do not expect more of us than of any other race at the same stage of development. We know that the salvation of the negro is in your hands. You can make us industrious, contented, loyal and useful citizens or you can make us shiftless, discontented and good for nothing. You are framing a Constitution for future government of generations of negroes of Alabama as well as of other races. We are interested, because we are law abiding and must live up to your new Constitution or get out. Say to us, forsooth, that you are black, that your hair is kinky, or features Hamitic, or say that forsooth some negro blood is in your veins, you cannot enjoy the franchise in Alabama, and you at once relegate us to the ranks of a brute. We would have not one incentive to go forward. You would cripple an already weak race.

We are among you, and satisfied. It was not of our own free will that we are here. Like other nations of the Far East, we did not migrate here and force ourselves upon you. Had we done so it might be fair and conservative that you say to us “get out,” or drive us out by discriminative methods that were basely unjust. But, gentlemen, we were snatched from our motherland, heathens. By the providence of God we were brought


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here, and for three hundred years toiled for you as your slaves.

American slavery, though wrong, was a blessing to us. In its school of three hundred years we learned trades, language, customs and the religion of Jesus Christ. There is a just God, who guards the destiny of nations, and in His own time slavery was abolished and we were left among you, ignorant of franchise and government, with no education or character.

Be conservative to us, gentlemen. Do not deal a crushing blow. A blow from you at this critical moment-with no flag except the glorious Stars and Stripes for which we have bled and died; no friend except you, whose fathers and mothers we have guarded from harm, and you yourself whom we have cherished and cared for while the Southern man fought for a lost cause-would be as Brutus’ dagger of steel warming its blade in the life blood of Caesar. The tickle of our hoe has made your hands laugh forth in harvest. Our axe has cleared your forests. We have built your cities. Our pick has sunk down into the bowels of the earth and thrown up iron and coal. We emerged from slavery and went at once to work at whatever price you valued our labor. We do not cause any organic disturbance by strikes. We are striving to fit ourselves for citizenship. We petition and implore you to not disturb our content by an unjust franchise. If you place an educational qualification that touches all alike we are satisfied. In short, we, though only thirty-five years old, are willing to be weighed in the scale of manhood and measured with a tape of justice.

Alabama, one of the greatest States of the Union; one upon whom the eyes of the world are turned at present, a State whose alphabetical arrangement stands first of the States of the greatest country of God’s creation (a country upon whose territory the sun never sets), cannot afford to disfranchise several hundred thousand of its citizens, cannot afford to remove the public educational fund from them. An educated dog is worth a hundred good-for-nothing curs. We do not demand anything of you. We cannot demand if we would. We


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simply entreat you as honest citizens to frame a Constitution that will not disgrace the wisdom of Alabama; that will not cause us to degenerate; that will not cause us discontent; that will not cause us to doubt your friendship which we have cherished for nearly four hundred years. Frame a Constitution that will be a pride of the State-one that we will be proud of, as well as you; one that will benefit both races. Frame a Constitution that will place you at the head of the column of sister States where you belong. Do not drive us into degradation. What incentive would a ten thousand dollar property qualification be to us?

Don’t drive us from you; we are here, and want to remain. God intended us to be here, and He intends us to remain. Had it not been so we would have perished long ago. Before the onward tread of Anglo-Saxon civilization races have vanished more rapidly than extinction from shot and shell or bayonet. The New Zealander, Pacific Islander and American Indian have all gone to their graves; they were not able to withstand the environments of the Nineteenth century civilization. No race, save the American negro, has been able to gaze into the blue eyes of the Anglo-Saxon for centuries and live. God so constructed us of better stamina. We have lived, increased and prospered. Remember, gentlemen, that might is not at all times right. Judge not the whole race by its criminals. All races have them and the better element of us, as of you, abhor crime and do not wish to be called criminals because we have criminals in our race.

The Constitution that you frame shall live as an everlasting monument, not of stone or brass, nor Egyptian, to crumble and decay under the chemical changes of time-but shall stand out prominent above all other Alabama documents after death and the grave have claimed you. It shall live on after God has called you to rest. Unborn generations of negroes and whites look up to it after your flesh has been devoured by the earth worm, your homes bleached in the tomb, and your soul given account for, your earthly transit.


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Whether this monument will be one of honor or disgrace to the name of our fair State, to its citizens, both black and white, and to you, will depend upon your election.

Respectfully,

WILLIS E. STEERS M.D.

Decatur, Alabama.

Mr. Greer, of Calhoun, moved that the petition be not recorded as a part of the official proceedings of the Convention.

Mr. Howell moved to lay upon the table the motion of Mr. Greer, of Calhoun, and the motion of Mr. Howell prevailed.

Mr. Howell moved that the petition be referred to the Committee on Suffrage and Elections.

The motion prevailed, and the petition was referred to the Committee on Suffrage and Elections.

Mr. Case offered the following petition, which was read at length:

Petition 3, by Mr. Case:

Collinsville, Ala., June 13, 1901.

To the Alabama Constitutional Convention, Montgomery, Ala.:

Whereas, under National Interstate laws large trusts have and are being formed all over the country, with almost unlimited capital; and

Whereas, the trust companies from without the State of Alabama commonly known as department stores, without contributing one cent in revenues toward the payment of the expenses of maintaining and supporting our State government, either in privilege or ad valorem taxes, are flooding the State with circulars, catalogues and agents, plying their trade, advertising their goods and supplying the consumers with many articles, same being actually delivered by the said agents,


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and whereas the resident merchants of this State are required to pay taxes before they can sell their goods, now, therefore, in consideration of the premises, your petitioners respectfully pray that the delegates to the said Constitutional Convention of the State of Alabama examine into the merits of this momentous question to the end that some clause may be engrafted in our State Constitution by which these non-resident trusts and department stores may be reached, and required to pay their pro rata share of our State taxes, or upon their failure or refusal to do so, that they may be denied the privilege of delivering their goods, wares and merchandise in the State of Alabama.

HALLS DRY GOODS CO.,

GEO. W. ROBERTS,

B. A. NOWLIN,

BYRON & CO.,

M. G. A. NICHOLSON,

NICHOLSON DRUG CO.,

H. P. MCWHARTER,

R. A. BURT,

B. KEINAN,

R. E. ROBERTS,

CHAS. ROBERTS & CO.,

GEO. W. KEENER,

R. S. WILLIAMS & CO.,

H. R. JORDAN & SON,

C. C. JORDAN,

W. A. WILBURNS CO.,

J. E. GIBSON,

R. H. SMITH.

The petition was referred to the Committee on Taxation.

The hour of 11 o’clock having arrived, the Convention, under the rules, suspended the roll call for the intro-



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duction of ordinances, resolutions, petitions and memorials, and proceeded to the consideration of

UNFINISHED BUSINESS.

Which was the report of the Committee on Executive Department, which was an ordinance “To create and define the Executive Department.”

The question being on the motion of Mr. Lowe, of Jefferson, to recommit Section 13 and the amendments thereto, to the Committee on Executive Department.

Mr. Jones, of Montgomery, moved the previous question on the motion of Mr. Lowe, of Jefferson. The previous question was ordered, and the Convention refused to recommit Section 13 and pending amendments.

The question recurred upon the pending amendment offered by Mr. deGraffenried on Saturday, the 15th.

The amendment read as follows:

To amend Section 13 by, adding after the words “to reconsider it” in the fourth line of the following:

If the Governor’s message proposes no amendment which would remove his objection to the bill, the House in which the bill originated may proceed to reconsider, and if a majority of the whole number elected to that House vote for the passage of the bill, the bill shall be sent to the other House, which shall, in like manner, reconsider, and if a majority of the whole number elected to that House vote for the passage of the bill, the same shall become a law, notwithstanding the Governor’s veto.

And the amendment was adopted.

The question then recurred upon the amendment offered by Mr. deGraffenried, which reads as follows:

Amendment No. 2:

Strike from the Section all that precedes the words:

“if any bill” in the eighteenth line thereof, and in lieu thereof insert the following:

Every bill which shall have passed both Houses of the General Assembly shall be presented to the Governor; if he approve, he shall sign it; but, if not, he shall return


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it to that House from which it shall have originated, who shall enter the objection at large upon the Journal; and the House to which the bill shall be returned shall proceed to reconsider it; if after such consideration a majority 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 likewise be considered; if approved by a majority of the whole number elected to that House it shall become a law, but in such cases the votes 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 Journal of each House respectively.

Mr. deGraffenried then offered the following amendment to the amendment No. 2, which reads:

Amend caption of amendment No. 2 by striking from the same all after the words “to reconsider it” in the fourth line down to and including the word “respectively” in the eighteenth line, and inserting in lieu thereof the following:

Every bill which shall have passed both Houses of the General Assembly shall be presented to the Governor; if he approve, but, and the amendment to the amendment was laid upon the table.

Mr. Murphree offered the following substitute to Section 13 and pending amendments, which was read at length:

Substitute for the report of the Committee on Executive Department and amendments thereto, as follows:

That Section 13 of Article V of the Constitution of 1875 be adopted in full, with the addition that the Governor may approve bills within ten days after final adjournment, if approved and deposited with the Secretary of State within that time.

Mr. Wilson, of Washington, moved the previous question on the substitute. The previous question was ordered, and the substitute offered by Mr. Murphree was lost.

Mr. Samford moved that the amendment No. 2, offered by Mr. deGraffenried, be laid upon the table, and the


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motion to table prevailed, and the amendment was laid upon the table.

Mr. Fitts moved the previous question on Section 13, as amended, and the previous question was ordered.

Mr. Smith, Mac. A., moved a reconsideration of the vote by which the previous question was ordered, and on that Mr. Whiteside called for the yeas and nays. The call was not sustained.

And the motion of Mr. Smith, Mac A., was lost.

The main question was then put, and Section 13, as amended, was adopted.

SECTION FOURTEEN.

Sec. 14. The Governor shall have power to approve or disapprove any item or items of any bill making appropriations embracing distinct items and the part or parts of the bill approved shall be the law, and the item or items disapproved shall be void, unless repassed according to the rules and limitations prescribed for the passage of other bills over the Executive veto; and he shall in writing, state specifically the item or items he disapproves, setting forth the same out in haec verba, in his message; but in such case the enrolled bill shall not be returned with the Governor’s objection.

Was read at length.

Mr. Brooks offered the following amendment, which was read at length:

Amend Section 14 of an ordinance to create and define the Executive Department, by striking out the same and inserting the following:

Sec. 14. The Governor shall have power to approve or disapprove any item of any bill embracing distinct items of appropriation and the portion of the bill approved shall be the law. He shall, in his message specifically set out in full, as the same appears in such bill, the item disapproved, which shall be void unless repassed, according to the rules prescribed for the passage of other bills over the Executive veto; and the enrolled bill shall not be returned with the Governor’s objection.


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CONSTITUTIONAL CONVENTION.

Mr. Espy moved that the amendment offered by Mr. Brooks be laid upon the table.

The motion of Mr. Espy prevailed, and the amendment of Mr. Brooks was laid upon the table.

Mr. Long, of Butler, offered the following amendment, which was read at length:

Amend Section 14 by striking out the words “in haec verba” where they appear in line six, and inserting the words “in full.”

Mr. O’Neal, of Lauderdale, moved that the amendment of Mr. Long, of Butler, be laid upon the table.

The motion of Mr. O’Neal, of Lauderdale, was lost, and the amendment of Mr. Long, of Butler, was adopted.

Mr. Fitts moved that Section 14, as amended, be adopted. The previous question was ordered, and Section 14, as amended, was adopted.

SECTION FIFTEEN.

Sec. 15. In case of the Governor’s removal from office, death, or resignation, the Lieutenant Governor shall become Governor. If both the Governor and Lieutenant Governor are removed from office, die, or resign, prior to the next general election thereafter, for members of the General Assembly, the Governor and Lieutenant Governor shall be elected at such election for the unexpired term. In case of the impeachment of the Governor, his absence from the State, unsoundness of mind, or other disability, the power and authority of the office shall devolve, in the order herein named, upon the Lieutenant Governor, President pro tem of the Senate, Speaker of the House of Representatives, Attorney General, State Auditor, Secretary of State, and State Treasurer; if any of these officers be under any of the disabilities herein specified, the office of Governor shall be administered in the order named by these officers free from such disability, until the Governor is acquitted, returns to the State, or is restored to his mind, or relieved from other disability. If the Governor shall be absent from the State over twenty days, the Secretary of State shall notify the Lieutenant Governor who shall enter upon


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the duties of Governor; if both the Governor and Lieutenant Governor shall be absent from the State over twenty days, the Secretary of State shall notify the President pro tem of the Senate, who shall enter upon the duties of the Governor, and so on, in case of such absence, he shall notify each of the other officers named in their order, who shall discharge the duties of Governor, until the Governor or other officers entitled to administer the office in succession to the Governor, returns. If the Governor-elect fails or refuses from any cause to qualify, the Lieutenant Governor-elect shall qualify, and exercise the duties of the Governor’s office until the Governor-elect qualifies; and in the event both the Governor-elect and Lieutenant Governor-elect, from any cause, fail to qualify, the President pro tem of the Senate, the Speaker of the House of Representatives, the Attorney General, State Auditor, Secretary of State, and State Treasurer shall in like manner, in the order named, administer the government until the Governor or Lieutenant Governor-elect qualifies.

Was read at length.

The Committee on Executive Department, through its chairman, Mr. Jones, of Montgomery, offered the following amendment which was read at length:

Amend Section 15 of the third line by striking out the word “thereafter” in the third line and substituting in lieu thereof thereafter the words “after their election.”

And the amendment was adopted.

Mr. Williams, of Barbour, offered the following amendment which was read at length:

Amend Section 15 by inserting after the words “unexpired term” in the fifth line, the following sentence:

And in the event of a vacancy in the office, caused by the removal from office, death or resignation of the Governor, and Lieutenant Governor, pending such vacancy and until their successors shall be elected and qualified, the office of Governor shall be held and administered by either the President pro tem of the Senate, Speaker of the House of Representatives, Attorney General, Auditor, Secretary of State or Treasury, and in the order herein named.

The amendment was adopted.


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CONSTITUTIONAL CONVENTION.

Mr. Pettus offered the following amendment, which was read at length:

Amend Section 15 of Article V by striking out the words “the President pro tem of the Senate,” in lines 22 and 23 of said section.

Mr. Jones, of Montgomery, moved that the amendment of Mr. Pettus be laid upon the table, and the motion prevailed, and the amendment was laid upon the table.

Mr. Fitts moved that Section 15, as amended, be adopted, and upon that motion he demanded the previous question. The previous question was ordered, and Section 15 of the ordinance as amended, was adopted.

SECTION SIXTEEN.

Sec. 16. If the Governor or other officer administering the office shall become of unsound mind, it shall be the duty of the Supreme Court of Alabama, upon request in writing of any two of the officers named in Section 15, not next in succession to the Governor, to ascertain the mental condition of the Governor, or other officer exercising the office-and if he is of unsound mind, to so certify upon its minutes; a copy of which, duly certified, shall be filed in the office of the Secretary of State; and in that event, it shall be the duty of the officer next in succession to perform the duties of Governor, until the Governor or other officer exercising the office is restored to his mind.

Was read at length.

Mr. Jones, of Montgomery, chairman acting for the Committee on Executive Department, offered the following amendment, which was read at length:

Amend Section 16, line 2, by adding after the words “Alabama” the words Aunder such relegations as it may prescribe.”

Mr. Macdonald offered the following amendment to the amendment offered by the committee, which was read at length:

To amend Section 15 of Article V by adding the following words:


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The request in writing hereinabove provided for shall be verified by the affidavit of those making such request. “And the Supreme Court shall prescribe rules of practice in such proceedings, which rules shall include a provision for the service of notice on the Governor of such proceeding, and a method of taking testimony therein.”

ADJOURNMENT.

Pending the further consideration of the substitute and the amendments, and the hour of 1 o'clock p. m. having arrived, the Convention, under the rules, adjourned until to-morrow morning at 10 o’clock.