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JOURNAL OF ALABAMA

TWENTY-SIXTH DAY.

CONVENTION HALL.

Montgomery, Ala., Friday, June 21, 1901.

The Convention met pursuant to adjournment.

Prayer was offered by Rev. Mr. Murphy of the city.

ROLL CALL.

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

Messrs. President,

Coleman (Greens),

Almon,

Cornwell,

Ashcraft,

Craig,

Banks,

Cunningham,

Barefield,

Davis (DeKalb),

Bartlett,

Davis (Etowah),

Beavers,

Dent,

Beddow,

deGraffenried,

Bethune,

Duke,

Blackwell,

Eley,

Boone,

Eyster,

Brooks,

Espy,

Browne,

Ferguson,

Bulger,

Fitts,

Burnett,

Fletcher,

Burns,

Foshee,

Byars,

Foster,

Cardon,

Freeman,

Carmichael (Colbert),

Gilmore,

Carmichael (Coffee),

Glover,

Carnathon,

Graham (Montgomery),

Case,

Graham (Talladega),

Chapman,

Grant,

Cobb,

Grayson,

Cofer,

Greer (Calhoun),


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Greer (Perry),

Murphree,

Haley,

NeSmith,

Handley,

Norman,

Harrison,

Norwood,

Heflin, (Chambers),

Oates,

Heflin, (Randolph),

O’Neal (Lauderdale),

Henderson,

O’Neill (Jefferson),

Hinson,

Opp,

Hodges,

O’Rear,

Hood,

Palmer,

Howell,

Parker (Cullman),

Howze,

Parker (Elmore),

Inge,

Pearce,

Jackson,

Pettus,

Jenkins,

Phillips,

Jones (Bibb),

Pillans,

Jones (Hale),

Pitts,

Jones (Montgomery),

Porter,

Jones (Wilcox),

Proctor,

Kirk,

Reese,

Knight,

Renfro,

Kyle,

Reynolds (Chilton),

Ledbetter,

Reynolds (Henry),

Leigh,

Robinson,

Locklin,

Rogers (Lowndes),

Lomax,

Rogers (Sumter),

Long (Butler),

Samford,

Long (Walker),

Sanders,

Lowe (Jefferson),

Sanford,

Lowe (Lawrence),

Searcy,

Macdonald,

Selheimer,

McMillan (Baldwin),

Sentell,

McMillan, (Wilcox),

Sloan,

Malone,

Smith (Mobile),

Martin,

Smith, Mac. A.

Maxwell,

Smith, Morgan M.,

Miller (Marengo),

Sorrell,

Miller (Wilcox),

Spears,

Moody,

Spragins,

Morrisette,

Stewart,

Mulkey,

Studdard,


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Tayloe,

Whiteside,

Thompson,

Willett,

Vaughan,

Williams (Barbour,),

Waddell,

Williams (Marengo),

Walker,

Williams (Elmore),

Watts,

Wilson (Clarke),

Weakley,

Wilson (Washington)-146

White,

LEAVE OF ABSENCE

Was granted to Messrs. Winn for to-day and to-morrow; Ester for yesterday; Willett for yesterday; Altman for yesterday, to-day and to-morrow; Cunningham for yesterday; Carmichael, of Colbert, for yesterday and to-day; Bethune for to-morrow; Coleman, of Walker, for yesterday, to-day and to-morrow; Merrill for to-day; Jones, of Bibb, for to-morrow; Waddell for to-morrow; Heflin, of Randolph, for to-morrow; Burnett for to-morrow; Long, of Butler, for to-morrow; Stewart for Saturday and Monday; Almon for to-morrow; Davis, of Etowah, for to-morrow; Craig for Saturday and Monday; Williams, of Elmore, for to-morrow; Norwood for to-morrow; Foshee four to-morrow; Inge for to-morrow.

REPORT OF THE COMMITTEE ON JOURNAL.

The chairman of the Committee on the Journal submitted the following report:

The Committee on the Journal beg leave to report that they have examined the Journal for the twenty-fifth day of the Convention, and found the same to be correct.

Respectfully submitted,

JOHN F. PROCTOR, Chairman.

The report was concurred in.

STENOGRAPHIC REPORT.

Mr. Ashcraft called the attention of the Convention to certain errors in the stenographic report of the proceedings of yesterday.


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CONSTITUTIONAL CONVENTION.

'The report was ordered corrected.

Messrs. Cobb, Coleman, of Greene, and Heflin, of Chambers, also called attention to certain errors in the stenographic report of the proceedings of yesterday.

The report was ordered corrected.

COMMUNICATION.

The following communication was read to the Convention:

Montgomery, Ala., June 21, 1901.

To Frank N. Julian, Secretary Constitutional Convention, City:

Sir: Yours, enclosing resolution No. 171, of the Constitutional Convention, was duly received. The resolution was read to the Alabama Press Association, and received with satisfaction. I was instructed to extend thanks for the handsome recognition of this Association by a Convention which will rank in history as one of the most important that ever assembled in this State.

Very respectfully,

J. A. ROUNTREE,

Secretary Alabama Press Association.

REPORT OF STANDING COMMITTEES.

Mr. Lomax, chairman of the Committee on Preamble and Declaration of Rights, submitted the following report:

REPORT OF THE COMMITTEE ON PREAMBLE AND DECLARATION OF RIGHTS.

Mr. President:

The Committee on Preamble and Declaration of Rights instructs me to report the Preamble and Decla-


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JOURNAL OF ALABAMA.

ration of Rights hereto attached for adoption by this Convention. The committee has carefully examined and considered all of the ordinances referred to it, and has incorporated the principles of some of them in the article herewith reported. A large number of them have been rejected by the committee because it was believed that the great and essential principles of liberty embodied in the Bill of Rights, being as they are, the crystallization of the experience of centuries, should be preserved as far as possible, from change and innovation. The changes which have been made in the present article by omission of certain parts thereof have been made because the omitted portions were not properly part and parcel of a solemn statement of the reserved rights of the people to unequivocally declare which is the aim and purpose of the Bill of Rights of the Constitution of our State. Some of the ordinances rejected by the committee failed of adoption because it was evident that the objects sought to be obtained could be secured by legislative action, and that hence they were not proper matters for Constitutional enactment. The few sections and parts of sections added by your committee and not proposed by any ordinance referred of it were adopted because in the judgment of the committee they made more clear and specific and gave greater emphasis to those rights of the people which are above and beyond the general powers of government.

All ordinances referred to the Committee are herewith respectfully returned.

The following are the material changes reported:

The Preamble has been shortened merely with a view of conforming to the practice of recent Conventions, all of which have adopted the shorter form of preamble.

To Section 5 of the Declaration of Rights the following words have been added: “No law shall ever be passed to curtail or restrain the liberty of speech or of the press.”

To Section 7 the following addition has been made: A provision fixing in the Constitution the right of the defendant to testify in his own behalf and, also, one per-


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mitting a motion by a defendant for a change of venue to be heard and determined in his absence.

In Section 9 the named misdemeanors are stricken out and the words “in cases of misdemeanor” are inserted.

There is added in Section 10 a provision that in cases fixed by law the trial judge may discharge a jury without the consent of the defendant.

In Section 13 the words “for libel” are inserted in the first line so as to permit the truth thereof to be given in evidence.

Section 23 is changed by prohibiting the General Assembly from granting any exclusive as well as irrevocable, special privileges or immunities, and providing that all franchises, privileges and immunities shall be subject to revocation, alteration and amendment.

There is added to Section 27 a provision requiring the General Assembly to define small arms, and to regulate the bearing of the same.

The word “right,” as applied to suffrage is stricken out and the word “privilege” inserted.

Section 35 is stricken out as having no place in a Declaration of Rights.

Section 38 is changed to Section 37, and also by striking out the prohibition against an educational or property qualification for suffrage.

Section 38 is a new section, prohibiting the exercise by one department of the government of any of the functions of either of the other departments thereof.

Section 29 is retained as is the present Constitution, with the addition of a Declaration that the Rights retained by the people are excepted out of the general powers of government, and shall forever remain inviolate.

Upon some of the sections of the Declaration of Rights reported herewith the members of the committee are not unanimous and the dissenting members will either submit minority reports or reserve liberty of action when the article reported is taken up for consideration by the Convention.

TENNENT LOMAX, Chairman.


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AN ORDINANCE

Adopting a Preamble and Declaration of Rights for the Constitution of the State of Alabama.

Be it ordained by the people of the State of Alabama, in Convention assembled, that the following shall be the Preamble and Declaration of Rights of the Constitution of this State:

PREAMBLE.

We, the people of the State of Alabama in Convention assembled, in order to establish justice, ensure domestic tranquility and secure the blessings of liberty to ourselves and our posterity, invoking the favor and guidance of Almighty God, do ordain and establish the following Constitution and form of Government for the State of Alabama:

ARTICLE I.

DECLARATION OF RIGHTS.

That the great, general and essential principles of liberty and free government may be recognized and established we declare:

1. That all men are equally free and independent; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty and the pursuit of happiness.

2. That all persons resident in this State, born in the United States, are naturalized, or who shall have legally declared their intention to become citizens of the United States are hereby declared citizens of the State of Alabama, possessing equal civil and political rights.

3. That all political power is inherent in the people, and all free governments are founded on their authority and instituted for their benefit; and that therefore, they have at all times an inalienable and indefeasible right to change their form of government in such manner as they may deem expedient.


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4. That no religion shall be established by law; that no preference shall be given by law to any religious sect, society, denomination or mode of worship; that no one shall be compelled by law to attend any place of worship; nor pay any tithes, taxes or other rate for the building or repairing any place of worship, or for maintaining any minister or ministry; that no religious test shall be required as a qualification to any office of public trust, under this State; and that the civil rights, privileges and capacities of any citizen shall not be in any manner affected by his religious principles.

5. No law shall ever be passed to curtail or restrain the liberty of speech or of the press; and any person may speak, write and publish his sentiments on all subjects, being responsible for the abuse of that liberty.

6. That the people shall be secure in their persons, houses, papers and possessions from unreasonable seizure of searches, and that no warrants shall issue to search any place or to seize any person or thing without probable cause, supported by oath or affirmation.

7. That in all criminal prosecutions, the accused has a right to be heard by himself and counsel or either; to demand the nature and cause of the accusation; to have a copy thereof; to be confronted by the witnesses against him; to have compulsory process for obtaining witnesses in his favor; to testify in all cases, in his own behalf, if he elects so to do; and, in all prosecutions by indictment, a speedy, public trial, by an impartial jury of the county or district in which the offense was committed; and that he shall not be compelled to give evidence against himself, nor be deprived of life, liberty or property but by due process of law; but the General Assembly may, by a general law, provide for a change of venue for the defendant in all prosecutions by indictment and that such change of venue on application of the defendant may be heard and determined without the personal presence of the defendant so applying therefore.

8. That no person shall be accused or arrested, or detained except in cases ascertained by law, and according to the form which the same has prescribed; and no


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person shall be punished but by virtue of a law established and promulgated prior to the offense and legally applied.

9. That no person shall, for any indictable offense, be proceeded against criminally, by information, except in cases arising in the militia and volunteer forces when in actual service or by leave of the court, for misfeasance, misdemeanor, extortion and oppression in office otherwise than is provided in this Constitution, provided that in cases of misdemeanor, the General Assembly may, by law, dispense with a Grand Jury, and authorize such prosecutions and proceedings before Justices of the Peace or such other inferior courts as may be by law established.

10. That no person shall, for the same offense, be twice put in jeopardy of life or limb; but courts may, for reasons fixed by law, discharge juries from the consideration of any case, and no person shall gain any advantage by reason of such discharge of the jury.

11. That no person shall be barred from prosecuting or defending before any tribunal in this State, by himself or counsel, any civil cause to which he is a party.

12. That the right of trial by jury shall remain inviolate.

13. That in all prosecutions for libel or for the publication of papers investigating the official conduct of officers of men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence; and that in all indictments for libel, the jury shall have the right to determine the law and the facts under the direction of the court.

14. That all courts shall be open; and that every person, for any injury done him, in his lands, goods, person or reputation, shall have a remedy by due process of law; and right and justice shall be administered without sale, denial or delay.

15. That the State of Alabama shall never be made a defendant in any court of law or equity.

16. That excessive fines shall not be imposed nor cruel or unusual punishments inflicted.


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17. That all persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great; and that excessive bail shall not in any case be required.

18. That the privilege of the writ of habeas corpus shall not be suspended by the authorities of this State.

19. That the treason against the State shall consist only in levying war against it, or adhering to its enemies giving them aid and comfort; and that no person shall be convicted of treason except on the testimony of two witnesses to the same overt act, or his confession in open court.

20. That no person shall be attainted of treason by the General Assembly; and that no conviction shall work corruption of blood or forfeiture of estate.

21. That no person shall be imprisoned for debt.

22. That no power of suspending laws shall be exercised except by the General Assembly.

23. That no ex post facto law, or any law, impairing the obligation of contracts, or making an irrevocable or exclusive grants of special privileges or immunities, shall be passed by the General Assembly; and every grant of a franchise, privilege or immunity, shall forever remain subject to revocation, alteration or amendment.

24. That the exercise of the right of eminent domain shall never be abridged nor so construed as to prevent the General Assembly from taking the property and franchises of incorporated companies and subjecting them to public use the same as individuals. But private property shall not be taken or applied for public use, unless just compensation be first made therefore; nor shall private property be taken for private use or for the use of corporations, other than municipal, without the consent of the owner; provided, however, that the General Assembly may, by law, secure the persons or corporations the right of way over the lands of other persons or corporations, and by general laws provide for and regulate the exercise by person and corporation of the rights herein reserved; but just compensation shall, in all cases, be first made to the owner; and, provided that the


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right of eminent domain shall not be so construed as to allow taxation or forced subscription for the benefit of railroads or any other kind or corporation, other than municipal, or for the benefit of any individual or association.

25. That all navigable waters shall remain forever public highways, free to the citizens of the State, and of the United States, without tax, impost or toll; and that no tax, toll, impost or wharfage shall be demanded or received for the owner of any merchandise or commodity for the use of the shores, or any wharf erected on the shores, or in or over the waters of any navigable stream, unless the same be expressly authorized by law.

26. That the citizens have a right in a peaceable manner to assemble together for the common good, and to apply to those invested with the power of government for redress of grievances or other purposes, by petition, address or remonstrance.

27. That every citizen has a right to bear arms in defense of himself and the State; and it shall be the duty of the General Assembly to define by law small arms, and regulate the bearing of the same.

28. That no standing army shall be kept up without the consent of the General Assembly, and in that case, no appropriation for its support shall be made for a longer term that one year; and the military shall, in all cases and at all times, be in strict subordination to the civil power.

29. That no soldier shall, in the time of peace, be quartered in any house without the consent of the owner, nor in time of war but in a manner to be prescribed by law.

30. That no title or nobility or hereditary distinction, privilege or emolument, shall ever be granted or conferred in this State; and that no office shall be created, the appointment to which shall be for a longer time than during good behavior.

31. That immigration shall be encouraged; emigration shall not be prohibited, and that no citizen shall be exiled.


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32. That temporary absence from the State shall not cause a forfeiture of residence once obtained.

33. That no form of slavery shall exist in this State; and there shall not be any involuntary servitude, otherwise than for the punishment of crime, of which the party shall have been duly convicted.

34. The privilege of suffrage shall be protected by laws regulating elections, and prohibiting, under adequate penalties all undue influences from power, bribery, tumult or other improper conduct.

35. Foreigners who are, or who may hereafter become bona fide residents of this State, shall enjoy the same rights in respect to the possession, enjoyment and inheritance of property, as native born citizens.

36. That the sole object and only legitimate end of government is to protect the citizens in the enjoyment of life, liberty, and property, and when the government assumes other functions, it is usurpation and oppression.

37. That no restrain upon the privilege of suffrage on account of race, color or previous condition of servitude, shall be made by law.

38. In the government of this State, except in the instances in this Constitution hereinafter expressly directed or permitted, the Legislative Department shall never exercise the Executive or Judicial powers, or either of them; the Executive shall never exercise the Legislative and Judicial powers, or either of them; the Judicial shall never exercise the Legislative and Executive powers, or either of them; to the end that it may be a government of laws and not of men.

39. That this enumeration of certain rights shall not impair or deny others retained by the people; and, to guard against any encroachments on the rights herein retained, we declare that everything in this Declaration of Rights is excepted out of the general powers of government, and shall forever remain inviolate.

MINORITY REPORT.

The undersigned members of the Committee on Preamble and Declaration of Rights, do not concur in the


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foregoing report of the committee so far as it relates to Section 12, Article I, for the following reasons:

In every relation of life in Alabama, where the result is dependent upon the opinions and decisions of a number of persons, the principle of majority rule governs, with the single exception of a verdict of a jury. Why should a unanimous verdict on a question of fact be required and enforced from a jury? A majority of one vote in this Convention either puts a proposition in the organic law or rejects it. A majority of one vote in each House of the General Assembly creates, repeals or modifies a positive law, regardless of the magnitude of the interests involved; a majority of the Senate of United States ratifies or refuse, to consent to a treaty with a foreign power. A majority of a single vote in a half a million in a pivotal State may elect a President of the United States, change the policy of the government and bring prosperity or ruin to seventy millions of people. And yet the majority of the committee deny that it would be sensible to apply this principle to a verdict of a jury in a civil suit at law. When a judgment is entered on a unanimous verdict, if all appeal is taken to the Supreme Court of the State, it can be then finally adjudicated by a bare majority of the Justices. So in the Supreme Court of the United States, five of the Justices against four held the income tax unconstitutional and in the same court five of the Justices held that Porto Rico was not under the Constitution and four that it was. Again in all ministerial and executive bodies the majority rules, and the will of the minority must give way to that of the majority when lawfully expressed. For these reasons we think that the provision authorizing three-fourths of a jury to render a verdict in a civil case should become a part of our Constitution, as it is of several other important States of the Union.

We therefore recommend as a substitute for Section 12, Article 1, as reported by the committee, the following:


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CONSTITUTIONAL CONVENTION.

Article 1, Section 12. The right of trial by jury, as heretofore enjoyed, shall remain inviolate; but in civil actions three-fourths of the jury may render a verdict.

Respectfully submitted,

SAMUEL BLACKWELL,

E. P. WILSON

T. J. CORNWELL.

The undersigned member of the Committee on Preamble and Declaration of Rights concurs in the majority of said report, save as to portions of Section 7, and he offers as an amendment to portions of Section 7, the following:

And in all prosecutions by indictment the place in the county or district in which the crime was committed shall be stated with reasonable certainty as to enable the defendant to know the particular place where the criminal act is alleged to have been committed.

Respectfully submitted,

J. H. BAREFIELD

RESOLUTIONS.

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

Resolution 172, by Mr. Kirk:

Whereas, The power to regulate the right of Suffrage should be left exclusively to the Several States in the Union; and,

Whereas, The people of Alabama find it necessary to the preservation of good government and honest elections to restrict the right of suffrage where granted to alien and inferior races; and desiring to avoid any seeming conflict between the organic law of the State of Alabama and the Federal Constitution; now, therefore

Be it resolved, That the President of this Convention appoint a committee of five of which he shall be the chairman, to prepare suitable memorials to the Congress of the United States looking to an amendment of


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the Federal Constitution whereby the Fifteenth Amendment of said Constitution may be stricken therefrom.

The resolution was referred to the Committee on Rules.

Resolution 173, by Mr. Harrison:

Resolved, That the Committee on Rules be and are hereby instructed to fix the time in which all ordinances reported by committees shall be considered by this Convention, and at the expiration of the time so fixed the previous question shall be considered as ordered, and the Convention shall proceed to vote upon the ordinance reported.

Resolved further, That half of the time fixed by the Committee on Rules for the Consideration of any ordinance shall be allowed to the committee reporting the same, and the other half to those proposing amendments and opposing the ordinance.

The resolution was referred to the Committee on Rules.

Resolution 174, by Mr. Cobb:

Resolved, That Rule 17 of this Convention be amended by striking out the word “thirty” in the ninth line and inserting the word “ten” so as to limit the right to close the debate after the call for the previous question has been sustained to ten minutes.

The resolution was referred to the Committee on Rules.

Resolution 175, by Mr. Cobb:

Resolved, That requests for leave of absence shall be made to the Speaker, who is empowered to grant the same without taking up the time of the Convention.

The resolution was referred to the Committee on Rules.

Resolution 176, by Mr. Vaughan:

Resolved That the report of the Committee on Preamble and Declaration of Right shall be taken up and disposed of immediately after the report of the Committee on Taxation is disposed of.

Mr. Vaughan moved that the rules be suspended and that the resolution be adopted.


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CONSTITUTIONAL CONVENTION.

The motion to suspend the rules prevailed, and the resolution was adopted.

ORDINANCES ON FIRST READING.

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

Ordinance 392, by Mr. Reese:

An ordinance to be entitled Section__, of Article IV.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 393, by Mr. Beddow:

To create a State Board of Arbitration.

The ordinance was referred to the Committee on Executive Department.

Ordinance 394, by Mr. O’Neal of Lauderdale:

To amend the first proviso of Section 24 of Article I of the Constitution.

The ordinance was referred to the Committee on Preamble and Declaration of Rights.

RECOMMITTAL OF ORDINANCES

Mr. Parker, of Cullman, chairman of the Committee on State and County Boundaries, returned to the Convention ordinance No. 390, “Authorizing and making it the duty of the Commissioners’ Court of St. Clair County to erect a suitable court house and jail at some place in said county on the south side of Backbone Mountain, where all the courts are to be held for the trial of all cases, and the transaction of all legal business originating and pertaining to the people residing in beats 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20 and 21 of said county,” and requested that the same be referred to the Committee on Amending the Constitution and Miscellaneous Provisions.

The ordinance was referred to the Committee on Amending the Constitution and Miscellaneous Provisions.


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UNFINISHED BUSINESS.

The Convention proceeded to the consideration of the unfinished business of yesterday, which was the report of the Committee on Executive Department.

The question was upon the amendment offered by Mr. Coleman, of Greene, to amend the resolution by striking out the following words at the end of the resolution:

“If it can be done without an increase of taxation,” and substituting therefore the following words: “If in the discretion of the Legislature it is for the best interest of the State of Alabama,” to the resolution 151, reported favorably by the committee.

Mr. Coleman, of Greene, asked unanimous consent to be allowed to correct said amendment, as follows: To amend the resolution by striking out the following words: “Provided the same can be done without an increase of taxation in this State,” and substitute therefore the words: “If in the discretion of the General Assembly it is for the best interest of the State of Alabama.”

Unanimous consent was given, and the amendment was corrected accordingly.

The question was upon the adoption of the amendment.

The amendment was lost: Yeas, 56; nays, 80.

YEAS.

Messrs. Ashcraft,

Cornwell,

Barefield,

Davis (DeKalb),

Bartlett,

Davis (Etowah),

Beavers,

Fletcher,

Blackwell,

Foshee,

Browne,

Freeman,

Bulger,

Glover,

Byars,

Grayson,

Cardon,

Greer (Perry),

Carnathon,

Handley,

Case,

Harrison,

Chapman,

Henderson,

Coleman (Greene),

Hodges,


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Jackson,

Pettus,

Jenkins,

Phillips,

Kirk,

Porter,

Long (Butler),

Reynolds (Chilton),

Long (Walker),

Reynolds (Henry),

Miller (Marengo),

Rogers (Sumter),

Moody,

Sentell,

Mulkey,

Sloan,

Murphree,

Smith, Mac. A.,

NeSmith,

Sorrell,

Opp,

Spragins,

O'Rear,

Stewart,

Palmer,

Studdard,

Parker (Elmore),

Vaughan,

Pearce,

Williams (Barbour)-58

NAYS

Messrs. President,

Greer (Calhoun),

Almon,

Heflin (Chambers),

Banks,

Hinson,

Beddow,

Hood,

Bethune,

Howell,

Boons,

Howze,

Brooks,

Inge,

Burnett,

Jones (Bibb),

Burns,

Jones (Hale),

Carmichael (Coffee),

Jones (Montgomery ),

Cobb,

Jones (Wilcox),

Cofer,

Knight,

Craig,

Kyle,

Cunningham,

Ledbetter,

Dent,

Leigh,

deGraffenried,

Locklin,

Duke,

Lomax,

Eley,

Lowe (Jefferson),

Espy,

Lowe (Lawrence),

Fitts,

Macdonald,

Foster,

McMillan (Baldwin),

Graham (Montgomery),

McMillan (Wilcox),

Graham (Talladega),

Malone,

Grant,


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Martin,

Sanford,

Maxwell,

Selheimer,

Miller (Wilcox),

Smith (Mobile),

Morrisette,

Smith, Morgan M.,

Norman,

Tayloe,

Norwood,

Thompson,

Oates,

Waddell,

O'Neal (Lauderdale),

Walker,

O'Neill (Jefferson),

Watts,

Parker (Cullman),

Weakley,

Pitts,

White,

Proctor,

Whiteside,

Reese,

Willett,

Robinson,

Williams (Marengo),

Rogers (Lowndes),

Wilson (Clarke),

Samford,

Wilson (Washington)-80.

Sanders,

The resolution 151:

Resolved by the people of Alabama, in Convention assembled, That it is the sense of this Convention that the General Assembly of Alabama should, at its first meeting after the ratification of the Constitution, fix the salary of the Governor of Alabama at five thousand dollars per annum; provided the same can be done without an increase of taxation in the State, was adopted.

The Convention proceeded to the consideration of Section 4 of the ordinance, “To create and define the Executive Department,” which was reported by the Committee on Executive Department on yesterday as follows:

Strike out Section 4 as it now stands, and insert in lieu thereof the following words:

Sec. 4. The returns of every election for Governor, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Superintendent of Education, and Commissioner of Agriculture anal Industries, shall be sealed up and transmitted by the returning officers to the seat of government, directed to the


375

CONSTITUTIONAL CONVENTION.

Speaker of the House of Representatives who shall, during the first week of the session to which said returns shall be made, open and publish them in the presence of both Houses of the General Assembly, in joint convention. The joint convention shall supervise and control the Speaker in the discharge of this duty, and has power: First, to determine whether the returns are in legal form, made by the proper officers, and truly give the results as ascertained and declared by the Board of Supervisors in the several counties. Second, to correct such errors as may be found therein. Third, to procure proper returns when for any cause, returns from any county have failed to reach the Speaker. The joint convention shall leave no power to question the returns as to any other matter, or in any other respect. The person found to have the highest number of votes for either of said offices shall be declared duly elected; but if two or more persons shall have an equal and the highest number of votes for the same office, the General Assembly by joint vote, without delay, shall choose one of said persons for said office. Contested elections for Governor, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Superintendent of Education, and Commissioner of Agriculture and Industries, shall be determined by both Houses of the General Assembly in such manner as may be prescribed by law.

Mr. Jones, of Montgomery, asked unanimous consent to be allowed to submit an additional report.

Leave was granted, and Mr. Jones submitted the following report:

Mr. President:

The Committee on Executive Department direct me to return herewith ordinance No. 372, with the recommendation that it do not pass.

THOMAS G. JONES, Chairman.

Mr. Rogers of Sumter, called for a reading of the ordinance 372, and the ordinance was read at length as follows:

Ordinance 372, by Mr. Rogers, of Sumter:


376

JOURNAL OF ALABAMA

The returns for every election for Governor, Lieutenant Governor, Secretary of State, Auditor, Treasurer, Attorney General, Superintendent of Education, and Commissioner of Agriculture and Industries, shall be sealed up and transmitted by the returning officers to the seat of government, and directed to the Speaker of the House of Representatives, who shall, during the first week of the session, to which such returns shall be made, open and publish them in the presence of both Houses of the General Assembly in joint convention; but the Speaker’s duty and the duty of the joint convention shall be purely ministerial.

The result of the election shall be ascertained and declared by the Speaker from the face of the returns without delay.

The person having the highest number of votes for any one of said offices shall be declared duly elected, but if two or more persons shall have an equal and the highest number of votes for the same office, the General Assembly, by joint vote, without delay, shall choose one of said persons for said office.

Contested elections for Governor, Lieutenant Governor, Secretary of State, Auditor, Treasurer, Attorney General, Superintendent of Education, and Commissioner of Agriculture and Industries shall be determined by both Houses of the General Assembly in such manner as may be prescribed by law.

Mr. Rogers, of Sumter, moved that the ordinance 372, above set out, be substituted for Section 4 of the ordinance “To create and define the Executive Department,” reported by the committee.

ADJOURNMENT.

Pending the further consideration of the report of the Committee on Executive Department the hour of 1 o’clock p. m. arrived, and under the rules the Convention adjourned until to-morrow morning at 10 o’clock.