DUKE 
 UNIVERSITY 
 
 LAW LIBRARY 
 
Digitized by the Internet Archive 
 in 2015 
 
 https://archive.org/details/journalofconvent01alab 
 
/ 
 
 ALABAMA 
 
 JOURNAL OF CONVENTION 
 I8I9 
 
 FAC-SIMILE REPRINT 
 
 WASHINGTON, D. C. I 
 
 STATUTE LAW BOOK CO, 
 1909 
 
JOURNAL 
 
 OF THE 
 
 © <d n v m si t a @> if 
 
 OP THE 
 
 ALABAMA 
 
 BEGTJX 
 
 HUNTS VILLE: 
 PRHTTED BY J OHM 3 QARDMJUY. 
 1819. 
 
Photo-facsimile Reprint 
 57 copies only 
 Statute Law Book Company 
 July, 1909 
 
%JF the C onvention of the Alabama Territory, begun and 
 held at the town of Huntsville cn the fifth clay of July, in the 
 year of our- Lord one thousand right hundred and nineteen, and 
 of the Independence of the United States of America the forty 
 fourth, being the time and place appointed for the meeting of 
 the Convention for the purpose of forming a Constitution and 
 State Government ; By virtue of an act of Congress " Enti- 
 tled an act to enable the people of the Alabama Territory, to 
 form a Constitution and State Government, and for the ad* 
 mission of such State into the Union, on an equal footing with 
 the original States," passed on the second day of March, one 
 thousand eight hundred and nineteen. 
 
 The following members appeared and took their seats, to wit: 
 
 From the county of Madison — Clement C.'Clay, John Leigh 
 To-vnes, Henry Chambers* Ismuti Mead* Henry Sfmar 9 Gabri- 
 el Moore, John W Walker, and John M. Taylor. 
 
 From the county of Monroe — John Murphy, John Watkins* 
 and James Pickens. 
 
 From the county of Blount — Isaac Brown, John Brown^ 
 and Gabriel Hanby. 
 
 From the county of Limestone — Thomas Bibb, Beverly 
 Hughes and Nicholas P., Davis 
 
 From the county of Shelby — George Phillips and Thomas J. 
 Rogers. 
 
 From the county of Montgomery— John D. Biob, end James 
 
 W. Armstrong. 
 
 From the county of Washington — Israel Pickens and Henry 
 Hitchcock. 
 
 From the county of Tuscaloosa — Marmodukt Williams and 
 John L, TindaL 
 
 From the county of Lawrence — Arthur F, Hopkins and Dan- 
 iel Wright. 
 
 From the county of Franklin— Richard EUis and ffUliam 
 Melcalf. 
 
 From the county of Cotaco — Melkijah Vaughan and Thomas 
 
 D. CraM. 
 
4 
 
 From the county of Clark— Reuben SaffoldSf Jas.M*Go$m* 
 From the county of Cahaba-— Lzfftepage Sims. 
 From tne County of Conecuh*— Samuel Cook. 
 From the county of Dallas- ~ William R King. 
 From the county of Marengo — Washington Thompson* 
 From the county of Marion — John D. Terril. 
 From the county of Lauderdale — Hugh JVTVay. 
 From the county of St. Clair — David Conner. 
 From the county of Autauga— James Jackson. 
 A sufficient number being present to proceed to business ; 
 On motionof Mr. Taylor, Mr. Pickens (of Washington) was 
 called to the chair. 
 
 On motion of Mr. Taylor Resolved* that this Convention do 
 now proceed to elect a President 
 
 On motion of Mr Clay Resolved* that tellers be appointed 
 for the purpose of counting the ballots t Whereupon Mr. Clay 
 and Mr Phillips were appointed? and upon counting the ballots 
 it appeared that Mr John W, Walker was unanimously elect- 
 ed, who being conducted to the chair,, returned his acknowl- 
 edgements, and proceeded to t he duties thereof 
 
 On. motion of Mr. Clay Resolved, that the Convention do now 
 proceed to the election of a Secretary : Mr. Taylor and Mr. 
 M'Vav were appointed tellers ; and upon counting the ballots 
 it appeared that Mr John Campbell was duly elected, where- 
 upon he was notified of his appointment, and entered upon the, 
 dutte$ of his office. 
 
 On motion of Mr Pickens (of Washington) Resolved, that 
 the Convention do now proceed to the election of a Doorkeep- 
 er, and oti counting the ballots it appeared that Daniel Rather 
 Was duly elected, who entered upon the duties of his office. 
 
 On motion of Mr. Pickens (of Washington) Resolved, that 
 ft committee of five members be appointed to draft Rules of 
 order and decorum for the Government of this Convention \ 
 whereupon Messrs. Pickens (of Washington,) Minor, Hanhy, 
 Rogers and Moore, were appointed. 
 
 On motion of Mr. Hitchcock — Resolved, That a Commit- 
 tee of Elections be appointed to consist of five members ; where- 
 upon Messrs. Hitchcock, M'Goffln, Towncs, Ellis and Wil- 
 liams were appointed. 
 
 On motion of Mr Hitchcock— Resolved* That the rules for 
 the government of the House of Representatives of the Alaba- 
 ma Territory be adopted as the rules for the government of 
 this Convention, so far as they are applicable, until otherwise 
 ordered by the Convention. 
 
5 
 
 On motion, ordered that the Convention do now adjourn till 
 10 o'clock tomorrow morning. 
 
 The Convention met pursuant to adjournment. 
 
 Mr Wiggins, a member from the county of Monroe, appear- 
 ed and took, his scat 
 
 On motion— Resolved* That the Governor of this Territory 
 be admitted to take a seat within the bar of this House. 
 
 On mot\on-*-Resolved 9 that the President assign to Mr. 
 Boardrnan a seat within the bar of this House, for the purpose 
 of taking down the proceedings thereof. 
 
 On motion of Mr Mead — Resolved* That a Committee of 
 Accounts he appointed, whereupon the following members were 
 appointed Messrs. Mead, Davis, Crabb,, Wright and M'Vay. 
 
 On motion* ordered that the Secretary of the Convention* 
 under the direction of the President thereof, be and he is here- 
 by authorised to contract for the Printing ordered by the Con- 
 vention to be done during its session. 
 
 Mr. Williams offered the following resolution — Resolved* 
 That it be expedient for the Convention at this time to form a 
 Constitution and State Government for the people of the Ala- 
 bama Territory. 
 
 To which Mr. Clay offered the following addition as an a- 
 mendment, « in conformity with an Act of Congress of the U- 
 nited States, passed on the second day of March, one thousand 
 eight hundred and nineteen, entitled fi * An act to enable the 
 people of the Alabama Territory to form a Constitution and 
 State Government, and for the admission of such State into 
 the Union, on an equal footing with the original states," and 
 The question being taken thereon, it passed in the affinmu 
 tive. 
 
 The question was then taken upon the resolution as amend- 
 ed, and decided in the affirmative. 
 
 The ayes and noes being demanded by two members pre- 
 sent: Those who voted in the affirmative were, Mr. President 
 Messrs. Armstrong, Bibb (of Limestone) Bibb, (of Montgom- 
 ery") Brown, Chambers, Clay, Connor, Cook, Crabb, Davis, 
 Ellis, Hanhy, Hitchcock, Hopkins, Hughes. Jackson, King, 
 M'Goffin. M'Vay, Meatf,Metcalf, Minor, Moore, Murphy, 
 Phillips, Pickens, (of Monroe) Pickens, of Washington) Ro- 
 gers, Saflfoid, Sims, Taylor, Terril, • Thompson, Tindal, 
 Townes, Vaughan, Watkins, Wiggins, Williams and Wright 
 
 No one voting in the negative, the said resolution was u- 
 nanimously adopted. 
 
 TUESDAY* 6th Jtd$, 1819, 
 
 LAW LIBRARY 
 
6 
 
 On motion of Mr. Clay, — Resolved* That a Committee of 
 — — members be appointed to prepare and report to this Con- 
 vention a plan of a Constitution or form of Government for 
 the State to be formed of the Alabama Territory. 
 
 And on motion — Resolved, That the Convention do now 
 proceed to the consideration of said Resolution. 
 
 And unon the question being taken thereon it was determined 
 in the affirmative. 
 
 And the question being put, will the Convention agree to the 
 said resolution, it was decided in the affirmative. 
 
 Mr. M*Vay moved that the blank in the said Resolution, be 
 filled with the number twenty-two : which motion war, deci- 
 ded in the negative. 
 
 Mr Moore moved that the blank he filled with the number 
 twenty : which motion was also decided in the negative. 
 
 Mr. Clay moved that the blauk he filled with the number 
 fifteen, which motion was decided in the affirmative. 
 
 Whereupon the following members were appointed in pur- 
 suance of the said resolution, to wit : Messrs. Clay, Pickens 
 (of Washington) Bibb, (of Limestone) King, Taylor, Hitch- 
 cock, Murphy, Chambers, Hopkins, SafFold, Phillips, Wat* 
 kins, Hughes* Bibb (of Montgomery) and Ellis. 
 
 On motion ordered that the Convention do now adjourn till 
 ten o'clock .to morrow morning. 
 
 WEDNESDAY, 7th July 1819* 
 The Convention met pursuant to adjournment. Mr. Toul- 
 min the member from the county of Baldwin, appeared and 
 took his seat 
 
 Mr. Pickens from the committee appointed to draft Rules of 
 order and decorum for the Government of this Convention, 
 made a report which was received. 
 
 On motion of Mr. Clay the Convention resolved itself into 
 a committee of the whole on the said report, Mr. Murphy in 
 the chair,and after some time spent therein, Mr President re- 
 sumed the chair and Mr. Murphy reported that the committee 
 had according to order had the said report under consideration 
 and had made several amendments therein with which they 
 desired the concurrence of the Convention. 
 
 And the questions being taken thereon, they were determin- 
 ed in, the affirmative. 
 
 The question was then taken on the adoption of said report 
 as amended, and passed in the aQirmaiive. 
 
7 
 
 Standing "Rules ot Ox&eT ani OecoTum fox 
 conducting business in the Convention. 
 
 TOUCHING THE DUTIES OF PRESIDENT. 
 
 h The President shall take the chair every day, at the hour 
 to which the Convention shall have adjourned, on the preceding 
 day; shail immediately call the members to order, and on the 
 appearance of a quorum, shall cause the journal of the pre- 
 ceding day to he read. 
 
 2. He shall preserve order and decorum ; may speak to 
 points of ol der- in preference to other members, rising from 
 his seat for that purpose, and shall decide questions of order 
 subject to an appeal to the Convention by any two members, 
 on which appeal no member shall speak more than once unless 
 by leave of the Convention, He shall rise to put a question, 
 but may state it sitting. 
 
 S. Questions shall be distinctly put in this form, viz : As ma- 
 ny as are of opinion that Tas the question may be] say, aye ; and 
 after the affirmative voice is expressed, As many as are of the 
 contrary opinion say 9 no. If the President doubts, or a division 
 be called for, the Convention shall divide ; those of the affir- 
 mative of the question shall first rise from their seats, and af- 
 terwards those of the negative. 
 
 4. The President shall have a general direction of the Con- 
 vention. He shall have a right to name any member to per- 
 form the duties of the chair, but such substitution shall not ex- 
 tend beyond an adjournment 
 
 5. Twelve members shall have power to call a house aud send 
 for absent members. A majority shali be a quorum to transact 
 business, and five members, after the hour of twelve, may ad- 
 journ from day to day. 
 
 6. When a member is about to speak, debate, or deliver any 
 matter to the Convention, he shall rise from his scat and res- 
 pectfully address himself to Mr. President 
 
 7. If any member, in speaking or otherwise, transgress the 
 rules* the President shali, or any member may call to order, in 
 which case the member so called to order, shali immediately 
 sit down, unless permitted to explain ; and the Convention 
 shall, if applied to, decide on the case, but without debate. If 
 the decision be in favor of the member so called to order, he 
 shail be at liberty to proceed ; if otherwise, and the case require 
 it, he shall be liable to the censure of the Convention. 
 
 8. When two or more happen to rise at the same tiiae, the 
 President shall name the person who is first to speak. 
 
s 
 
 9. No member shall speak more than twice to the same ques* 
 tion without leave of the Convention ; nor more than once, un« 
 til every member choosing to speak shall ha\e spoken 
 
 10. Whilst the President is putting a question, or addressing 
 the Convention, none shall walk across the room, nor, when a 
 member is speaking, enter on private discourse ; or pass be- 
 tween him and the chair. 
 
 1 L Upon calls of the Convention for taking the yeas and 
 nays on any question, the names of the members shall be called 
 alphabetically, and each member shall answer from his seat. 
 
 12. Any two members shall have a right to call lor the yeas 
 and nays of any question. 
 
 13. When amotion is made and seconded, it shall be stated 
 hy the President, or if in writing shall be read aloud by the 
 Secretary, and every motion shall be reduced to writing, if the 
 President or any member request it. 
 
 14. Any member may call for a division of the question 
 when the sense will admit of it 
 
 15. Each member shall particularly forbear personal reflec- 
 tions, nor shall any member name another in argument or de- 
 bate. 
 
 16. After a motion is stated hy the President, or read by 
 the Secretary, it shall be deemed in possession of the Con- 
 vention, but may be withdrawn at any time before the decision 
 or amendment 
 
 17V When a question is under debate no motion shall be re- 
 ceived but to adjourn, to postpone to a day certain, to lie on the 
 table, for the previous question, to postpone indefinitely, to com- 
 mit or amend, which several motions shall have precedence in 
 the order they stand arranged. 
 
 18. A motion to adjourn shall always be in order and shall 
 be decided without debate. 
 
 19. Tiie previous question shall he in this form, shall the 
 main question be now put It shall only be admitted when de- 
 manded by a majority of the members present, and until it is 
 decided shall preclude all amendments and further debate of the 
 •main question—On a previous question their shall be no debate* 
 
 20 in taking the sense of the Convention a majority of the 
 votes of the members present shall govern. 
 
 9A. No resolution,section or article in the Constitution shall 
 be finally concluded and agreed upon until* the same shall have 
 been read on three several days, unless a majority of two 
 thirds may think it necessary to dispense with this rule* which 
 vate shall fee decided without debate. 
 
9 
 
 22, When any question shall have been decided, it sliall not 
 be reconsidered bat on motion of a member who voted in the 
 majority, provided that if such motion be made after two days 
 from such decision, a majority of the whole Convention shall 
 be necessary to a reconsideration. 
 
 £3* The Convention shall resolve itself into a committee of 
 the whole when deemed necessary, and when in committee of 
 the whole* shall be. governed by the foregoing rules, except that 
 in committee of the whole any member may speak, as often as 
 he may think proper. 
 
 24. The President may appoint committees* unless other- 
 wise directed by the convention. 
 
 25. On all questions when the yeas and nay3 are demanded 
 the President shall vote. 
 
 26. No member shall absent himself from the service of the 
 Convention unless he have leave* be sick or unable to attend 
 
 27. Upon a call of the Convention, the names of the members 
 shall be called over by the Secretary, and the absentees with 
 out leave, noted ; one hour after which, the names of the absen- 
 tees shall again be called over, and those for whom no excuse, 
 or an insufficient excuse is made, may, by order of those pr&* 
 sent if twelve in number, be taken into custody as they appear 
 or may be sent for and taken into custody where to be found. 
 
 COMMITTEES— THEIR BUTT. 
 
 28. It shall he the duty of the committee of elections to exa- 
 mine and report upon the certificates of elections and other 
 credentials of members returned to serve in this Convention, 
 and to take into their consideration ail such petitions and other* 
 matters, touching elections and returns* as shall or may be pre- 
 sented, or come in question and be referred to them by the 
 Convention. 
 
 29. No committee snail sit during the sitting of the Conven- 
 tion without special leave. 
 
 50. The Secretary of the Convention shall take an oath, to 
 be administered by the President, for the due and faithful dis- 
 charge of the duties of his office to the best of his knowledge & 
 abilities. It shall be his duty to keep and preserve all records 
 and papers introduced and submitted to the consideration of 
 the Convention ; to furnish such papers as may be committed, 
 with the names of the members that compose such committee, 
 to the chairman thereof; and in all things to perform his duty 
 as Secretary of this Convention, under the direction of the 
 President. 
 
 51. All questions relating to the priority of business to be 
 acted on shall be decided without debate. 
 
10 
 
 On motion ordered that one hundred copies of the foregoing 
 rules be printed for the use of the members' of this Convention. 
 
 Mr. Toultnin offered the following resolution Resolved* that 
 a committee be appointed to take into consideration and re- 
 port to this Convention, their opinion on the propositions of* 
 fered by the Congress of the United States for their free ac- 
 ceptance or rejection of this Convention in the sixth section of 
 the Act entitled " an act to enable the people of the Alabama 
 Territory to form a Constitution and State Government, and 
 for the admission of such State into the Union on an equal foot- 
 ing with the original States." 
 
 And on motion ordered that said resolution lie upon the ta- 
 ble. 
 
 Mr. Townes offered the following resolution; Resolved, that 
 the Secretary of this Convention be and he is hereby authori- 
 zed to employ one or two assistants or clerks, to aid him ifi 
 the duties of his office; whoso duties shall commence from and 
 after the instant 
 
 And on motion ordered that the said resolution lie upon the 
 table. 
 
 On motion of Mr. Bibb (of Montgomery) Resolved* that the 
 Door keeper be directed to employ in the service of this Con* 
 ven lion a suitable person to aid him in the discharge of his du- 
 ties. 
 
 And on the question being put, will the Convention now 
 consider the said Resolution, it was determined in the affir- 
 mative. 
 
 And on the question being put, will the Convention agree 
 to the said resolution. It was passed in the aiHrmative. 
 
 Mr. Taylor, offered the following resolution ; Recolved, that 
 the Secretary be authorized, under the direction of the Presi- 
 dent to purchase such Stationary, as may be necessary for the 
 use of the Convention during the session. 
 
 And upon the question being put, will the Convention ■con- 
 sider the said resolution. It was determined in the affirmative. 
 
 Arid on the question, will the Convention agree to the said 
 resolution. It was passed in the affirmative. 
 
 On motion ordered that the Convention do now adjourn 
 till 10 o'clock tomorrow morning. 
 
 THUUaDJk f My 8, 181.0. 
 
 The Convention met pursuant to adjournment 
 
 Mr. Moore offered the following resolution; Resolved, that 
 Mr. John Campbe!l,Secrctary to this Convention* be nbw qua- 
 lified, in conformity with the rules of order and decorum 
 which have been adopted for the Government of this body. 
 
11 
 
 And 07i the question being taken thereon, it passed in tm 
 affirmative,. 
 
 When the oath was administered by the President in con- 
 formity with the rules aforesaid. 
 
 On motion of Mr. Clay the resolution offered by Mr. Townes 
 on yesterday, and ordered to lie upon the table : authorizing 
 theSecrctary to employ an assistant &c. was called up and af- 
 ter making some amendments thereto was adopted as follows: 
 Sesalved, that the Secretary of this convention be and he is 
 hereby authorized to employ au assistant clerk to aid him 
 in the duties of his office, whose duties shall commence from 
 and alter the 8th instant 
 
 On motion of Mr. Clay, the Resolution offe red by Mr. 'Foul- 
 min on yesterday, relative to the propositions contained in 
 the 6th section of the act for the admission of tins Territory • 
 into the Union was called up. 
 
 And on motion the Convention Resolved itself into a com- 
 mitlee of the whole, on said resolution : Mr Pickens of (Wash- 
 ington)^ the chair, and after sometime spent therein Mr. Pre- 
 sident resumed the chair and Mr. Pickens reported that the 
 committee had according to order,had the said Resolution un- 
 der consideration, and had amended the same by striking out 
 the whole of said resolution after the word Resolved* and in- 
 serting in lieu thereof, the following « That this Convention 
 in behalf of the people of the Alabama Territory do accept of 
 the propositions contained in the 6th section of the act, for the 
 admission of the said Territory into the Union, and on the 
 conditions expressed therein : and that a committee of 
 members be appointed to draft an ordinance conformably to the 
 provisions of said section. 
 
 With which amendment they asked the concurrence of the 
 Convention. 
 
 And the question being taken thereon. It passed in the af- 
 firmative. 
 
 The question was then taken on the adoption of said resolu- 
 tion as amended. It passed in the affirmative. 
 
 Mr. Moore moved that the Blank in the said resolution oe 
 filled with the word "five." 
 
 And the question being taken thereon, it passed in the affir- 
 mative. 
 
 Whereupon the following members were appointed, in pur- 
 suance of said resolution, Messrs. Toul min, Townes, M'Goffin, 
 Rogers and Williams. 
 
 On motion ordered that tins Convention do now adioura till 
 10 o'clock on Monday next 
 
12 
 
 M ON DAT, July 12, 18i& 
 The Convention met pursuant to adjournment. 
 On motion* ordered that this Convention do now adjourn till 
 10 o'clock to-morrow morning. 
 
 TUESDAY, July 13, 1819. 
 
 The Convention met pursuant to adjournment 
 
 Mr» Hitchcock from the committee of elections made the 
 following report, which was received. 
 
 The committee of elections to whom was refered the certifi- 
 cates and credentials of the members returned to serve in this 
 Convention, report the following members duly elected. 
 
 From the county of Madison — Clement C. Clay, John Leigh 
 Townes, Henry Chambers, Lemuel Mead* John W. Walker* Ga- 
 briel Moore, Henry Minor and John M. Taylor. 
 
 From the county of Blount — John Brown, Isaac Brolvn, and 
 Gabriel Hanby. 
 
 From the county of Limestone — XAos. Bibb 9 Beverly Hughes, 
 and Nicholas Davis. 
 
 From tiie county of Shelby — George Phillips and Tfimas JH. 
 Mogers. 
 
 From the county of Montgomery «~~John D. Bibb and James 
 W. Armstrong. 
 
 From the county of Washington— Israel Pickens and Henry 
 Hitchcock. 
 
 From th$ county of Tuskaloosa — Marmadukz Williams ana 
 John h. Tiwdal 
 
 From the county of Monroe — John Watkins, John Murphy? 
 James Pickens, and Thomas Wiggins. 
 
 From the county of Lawrence — Arthur F. Hopkins and Dan* 
 iel Wright 
 
 From the county of FvbnkV\n+r Richard EUis and William. 
 
 Metcalf. 
 
 From the county of Cotbcq^Malldjah Vaughan, and Thomas 
 I), Crabb. 
 
 From the county of Clurk—Heuhm Saffold and Jmnes M*~ 
 Qoffin. 
 
 From the county of Baldwin — Harry Tflidmin* 
 From the county of C$ih%b2L-~lUt[€pag e Sims* 
 From the county of Conecuh— -Samuel Cook. 
 From the county of D a! fas-— William U. King, 
 From the county of Marengo — Washington Thompson. 
 From the county of Marion — John D Territ 
 From the county of Lauderdale — Hugh M'Vay, 
 From the county of St. Clair — David Conner* 
 From the county of Autauga— James Jackson. 
 
13 
 
 Mr. Touimin from the; committee appointed to dr aft an or- 
 dinance, comformably to the conditions, contained in the $th 
 flection. of the act for the admission of this Territory into the 
 Union ; made a report* which was received and read the first 
 time. 
 
 And on motion ordered that the said report be referred to a 
 committee of the whole and be made the order ot the day for 
 to-morrow, and that fifty copies thereof be printed for the use 
 of the members. 
 
 Mr. Clay, from the committee appointed to draft a plan of a 
 Constitution or form of Government for the State to be formed 
 of the Alabama Territory, made a report, which was received 
 and read the first time. 
 
 And on motion of Mr, Clay, ordered that the said report b© 
 referred to a Committee of the whole and.be made the order of 
 the day for Thursday ne^rt 
 
 Mr. Chambers moved that one hundred copies of the said re- 
 port be printed for the use of the Convention. 
 
 And the question being taken thereon it was decided in the 
 negative. 
 
 Mr. Clay moved that seventy -five copies be printed for the 
 use of the Convention. 
 
 And the question being* taken thereon it was decided in th© 
 affirmative. 
 
 On motion, ordered that the Convention do now adjourn till 
 10 o'clock to-morrow morning. 
 
 WEBJSTM SDA T, July 14, 1819. 
 
 The Convention met pursuant to adjournment 
 
 Mr. King called for the order of the day on th£ report of the 
 committee appointed to prepare an ordinance, conform?J>ly to 
 the conditions oi the 6th section of the act for the admission 
 of this Territory into the Union. 
 
 And on motion the Convention resolved itself into a commit- 
 tee of the whole on «»id report — Mr. Pickens (of Washington) 
 in the chair ; and after some time spent therein — Mr. Presi- 
 dent resumed the chair, and Mr. Pickens reported that the 
 Committee had according to order had the said report under 
 consideration, and had amended the same by striking out the 
 preamble and the word therefore, with which amendment they 
 desired the concurrence of the Convention. 
 
 Oft motion of Mr. King, ordered that the said report and 
 amendment lie upon the table. 
 
 Mr. Hitchcock ottered the following additional rule for the 
 government of this Convention ; 
 
14 
 
 All adjournments shall be to 9 o'clock on the succeeding 
 day. 
 
 Ariel the question being taken thereon it was decided in the 
 negative. 
 
 Mr Minor offered the following resolution — Resolved, That 
 a committee of members be appointed, to draw and re- 
 port to this Convention a Memorial to the Congress of the 
 Untied States praying that if the treaty with Spain, made at 
 Washington during the present year, shall be ratified by the 
 Spanish government — so much of the Territory thereby ceded 
 to the United States a3 lies West of the Appatachicola river, 
 may be annexed to the State of Alabama. 
 
 And the question being taken thereon, it passed an the affir- 
 mative. 
 
 On motion — Resolved* That the blank in said resolution be 
 filled with the word " five." 
 
 And the qnestxon being taken thereon, it passed in fcne affir- 
 mative. 
 
 Whereupon the following members were appointed in pursu- 
 ance of the said resolution, Messrs. Minor, Toulmin, Cook, 
 Terril and Jackson. 
 
 On motion ordered that when this Convention adjourns, it 
 will adjourn till ten o^clock on Monday next. 
 
 On motion ordered that the Convention do now adjourn* 
 
 MONDAY, My 19, 1819, 
 
 The Convention met pursuant to adjournment. 
 
 Mr. Bibb, (of Limestone) moved the reconsideration of the 
 motion made by Mr. Hitchcock on Wednesday last, that the 
 following be added as an additional Rule for the government of 
 this Convention. 
 
 « All adjournments shall be to 9 o'clock on the succeeding 
 day unless otherwise ordered by the Convention." 
 
 And the question being taken thereon, it passed in the affir- 
 mative. 
 
 The question was then taken on the adoption of the said rule 
 and decided in the affirmative. 
 
 Mr. Tonlmin offered the following resolution— Resolved, 
 That the same record be kept of the proceedings in committee 
 of the whole as it is usual to keep when the President is in the 
 Chair. 
 
 And the question being taken thereon, it was decided in the 
 
 negative. 
 
 On motion of Mr. Clay, the Convention Resohed itself into 
 a committee of the whole, cn the report of the committee ap- 
 
15 
 
 pointed to prepare and report a plan of a Constitution. Mr. 
 King in the Chair— ami alter the some time spent therein Mr. 
 President resumed the chair and Mv. King reported that the 
 committee had according to order* bad the said report under 
 consideration, had made some progress therein, but not having 
 time, to go the same, had directed him to a&k leave to sit ag&rn 
 which was granted 
 
 On motion of Mr. Townes— ifesoJvec?, That when this Con* 
 vention adjourns, it will adjourn to 4 o'clock this evening. 
 On motion ordered that the Convention do now adjourn. 
 
 4 o'clock, P, M. 
 The Convention met pursuant to adjournment. 
 On motion of Mr. King the Convention resolved itself into 
 a committee of the whole on the report of the committee ap. 
 pointed to prepare and report a plan of a Constitution ; Mr* 
 Toulmin in the chair, and after some time spent therein, Mr. 
 President resumed the chair, and Mr. Toulmin reported that 
 the committee had according to order had the said report under 
 consideration, had made some progress therein hut not having 
 time to go thro' the same, had directed him, to ask leave to art 
 again which was granted. 
 
 Mr. Mead moved the following resolution — Resolved, That 
 the Secretary, bo directed to have printed for the use of the 
 members, copies of the Journal of the proceedings of this 
 Convention. 
 
 And the question being taken thereon, it passed in the affirm- 
 ative. 
 
 On motion of Mr. King, ordered that the said resolution lie 
 upon the table. 
 
 On motion, ordered that the Convention do now adjourn. 
 
 TUESDAY July 20, 1819. 
 
 The Convention met pursuant to adjournment. 
 
 On motion of Mr. King the Convention again resolved itself 
 into a committee of the whole on the report of the committee 
 appointed, to prepare and report a plan of a Constitution and 
 State Government for the State to ho formed of the Alabama 
 Territory. Mr. Bibb (of Limestone) in the chair, and after 
 sometime spent therein — Mr. President resumed the chair and 
 Mr. Bibb reported, that the committee had according to order 
 had the said report under consideration, had made some pro- 
 gress therein but, not having time to go through the same bad 
 directed him to ask leave to sit again which was granted. 
 
 On motion of Mi*. Taylor ftesolved* that when this Conven- 
 tion adjourns, it will adjourn till half past three o'clock this 
 evening. 
 
 On motion ordered that the Convention do now adjourn. 
 
16 
 
 Half past 3 o'cfock, P. M, 
 The Convention met pursuant to adjournment 
 On motion of Mr. Taylor the Convention resolved itself in- 
 to a committee of the whole to take into consideration the re* 
 port of the committee appointed to prepare and report a plan 
 of a Constitution and State Government* for the State to be 
 formed of the Alabama Territory. Mr Saffold in the chair 
 and after sometime spent therein, Mr President resumed the 
 chair and Mr. Saffold reported that the committee had accor* 
 dine to order had the said report under consideration and had 
 made some progress therein but, not having time to go thro* 
 tiie same had directed him to ask leave to sit again, which was 
 granted. 
 
 On motion ordered that the Convention do now adjourn. 
 
 WEDNESDAY, July 21, 1819. 
 
 The Convention met pursuant to adjournment 
 
 Mr. Mead called up the resolution offered by him on Mon- 
 day last directing the Secretary of this Convention to have 
 printed for the use of the members copies of the Jour* 
 
 nalsof the proceedings of this Convention. 
 
 To which Mr, King moved an amendment in the following 
 words : « And copies to be distributed by the Secretary 
 of State anion-; the several counties of the 8tate(according to the 
 law in relation to the distribution of the Journals of the House 
 ol Representatives) 5 retaining copies to be deposited 
 
 in the Executive office. 
 
 And the question being taken thereon, it passed in the affir- 
 mative. 
 
 On motion of Mr. King Resolved, that the first blank in the 
 Resolution be filled with the words " forty-five," the second 
 blank with-the words "five hundred" and the third blank with 
 the words ** twenty-five 99 
 
 On motion of Mr King the Convention Resolved itself into 
 a committee of the whole to take into consider ation the repoit 
 of the committee appointed to prepare and report a plan of a 
 Constitution. Mr. Murphy in the chair; and alter sometime 
 spent therein* Mr. President resumed the chair and Mr. Mur- 
 phy reported that the committee had according to order had 
 the said report under consideration, and had made some pro- 
 gress therein but, not having time to go through the same had 
 directed him to ask leave to sit again, which was granted. 
 
 On motion of Mr. Taylor, Ilesolved, t hat when this Conven- 
 tion adjourns ; It will adjourn till 4 o'clock this evening. 
 
 On motion ordered that the Convention do now adjourifc 
 
17 
 
 WEDNESDAY^ July 21, 1819.— 4 o'clock P. Jfc 
 The Convention met pursuant to adjournment 
 On motion of Mr. Hughes the Convention resolved itself a- 
 gain into a committee of the whole, on the report of the com- 
 mittee appointed to prepare and report a plan of a Constitu- 
 tion, Mr. Toulmin in the chair, & after some time spent there- 
 in — Mr. President resumed the chair, and Mr. Toulmin re- 
 ported that the committee had according to order had the said 
 report under consideration & had made some progress there- 
 in, but not having time to go through the same had directed 
 him to ask leave to sit again, which was granted. 
 
 On motion ordered that the Convention do now adjourn. 
 
 THURSDAY July 22, 1319. 
 
 The Convention met pursuant to adjournment. 
 
 On motion of Mr. Taylor the Convention resolved itself in- 
 tra committee of the whole to take into consideration the re- 
 port of the committee appointed to prepare and report a plan of 
 a Constitution, Mr. King in the chair, <Sc after sometime spent 
 therein, Mr. President resumed the chair and Mr. King repor- 
 ted, that the committee had according to order had the said re- 
 port under consideration and had made some progress therein, 
 but not having tune to go through the same, had directed him 
 to ask leave to sit again, which was granted. 
 
 On motion of Mr. Taylor Resolved, that when this Conven- 
 tion adjourns, it will adjourn till 4 o'clock this evening. 
 
 On motion ordered that the Convention do now adjourn. 
 
 4 o'clock P. JUL 
 
 The Convention met pursuant to adjournment. 
 
 On motion of Mr. Taylor the Convention resolved itself a- 
 gain into a committee of the whole to take into consideration 
 the report of the committee appointed to prepare and report a 
 plan of a Constitution, Mr. Pickens (of Washington) in the 
 chair — and after some time spent therein, Mr. President resu- 
 med the chair a?id. Mr. Pickens reported that the committee 
 had according to order had the said report under considera- 
 tion, had made some progress therein, hut not having time to 
 go thro' the same, had directed him to ask leave to sit again, 
 which was granted. 
 
 On motion ordered that the Convention do now adjourn. 
 
 FRIDAY, July 23, IS 19. 
 The Convention met pursuant to adjournment. 
 On motion of Mr. day the Convention resolved itself into 
 a committee of the w hole, on the report of the committee ap- 
 
 C 
 
18 
 
 pointed to prepare and report a plan of a Constitution $ Mr. 
 Bibb (of Limestone) in the chair, and alter some time spent 
 therein, Mr President resumed the c hair and Mr. Bibb re- 
 ported that the committee had according to order had the said 
 report under consideration, and had made some progress there- 
 in, but not having time to go through the same, had directed 
 hiin to ask leave to sit again,wliich was granted. 
 
 On motion Resolved* That when this Convention adjourns, 
 it will adjourn till 4 o'clock this evening 
 
 On motion ordered that this Convention do now adjourn 
 
 4 o'clock r.M 
 
 The Convention met pursuant to adjournment. 
 
 On motion of Mr. Taylor the Convention resolved itself in- 
 to a Committee of the whole, on the report of the committee ap- 
 pointed to prepare and report a plan of a Constitution, Mr. 
 Murphy in the chair, and alter some time spent therein, Mr. 
 President resumed the chair, and Mr. Murphy reported that 
 the committee had according to order had the said report un- 
 der consideration and had made some progress therein, but 
 not having time to go through the same, had directed him to 
 ask leave to sit again, which was granted. 
 
 On motion ordered that the Convention do now adjourn. 
 
 SATURDAY* July 24, 1819. 
 The Convention met'pursuant to adjournment 
 On motion of Mr. Bibb of Limestone Resalved, that when 
 
 this Convention adjourns it will adjourn till 10 o'clock on 
 
 Monday next. 
 
 On motion of Bibb of Limestone* the Convention resolved it- 
 self into a committee of the whole, on the report of the commit- 
 tee appointed U prepare and report a plan of a Constitution. — 
 Mr. Pickens of Washington in the chair; and after sometime 
 spent therein, Mr President resumed the chair, and Mr. Pick- 
 ens reported that the committee had according to order had the 
 said report under consideration and had made some progress 
 therein, bur not having t ime to go thro* the same had directed 
 him to ask leave to sit again, which was granted. 
 
 On motion ordered that the Convention do now adjourn.. 
 
 MONDAY, July 1819. 
 The Convention met pursuant to adjournment 
 On motion of Mr. King, the Convention resolved itself info 
 a committee of the whole, on the report of the committee ap- 
 pointed to prepare and report a Constitution. Mr. Saftold in 
 the chair; and alter sometime spent therein? Mr. President re- 
 
19 
 
 Gurnet! the chair, and Mr. Saffokl reported that the committee 
 had according to order had the said report under considera- 
 tion and had made some progress therein but not having time 
 to go thro* the same, had directed him to ask leave to sit again, 
 which was granted. 
 
 On motion of Mr King Resolved, that when this Convention 
 adjourns it will adjourn till 4 o'clock' this evening. 
 
 On motion ordered that this Convention do now adjourn. 
 
 4 o'clock P. M 
 
 The Convention met pursuant to adjournment 
 
 On motion of Mr. Taylor the Convention resolved itself in- 
 to a committee of the whole, on the report of the committee 
 appointed to prepare and report a plan of a Constitution— *Mr* 
 King in the chair; and sifter sometime spent therein, Mr Pre 
 sident resumed the chair, and Mr King reported that thecoma 
 mittee had according to order had said report under considera- 
 tion and had inade some progress therein, but not having 
 time to go thro' the same had directed him to ask leave to. sit 
 again which was granted. 
 
 On motion ordered that the Convention Uo now adjourn. 
 
 TUESDAT,Jvly 2T 9 1819, 
 The Convention met pursuant to adjournment. 
 On motion of Mr. Taylor the Convention resolved itself in- 
 to a committee of the whole, on the report of the committee 
 appointed topreparc and report a plan of a Constitution — Mr. 
 Bibb of Limestone in the chair : and after some time spent there- 
 in, Mr. President resumed the chair, and Mr. Bibb reported 
 that the committee had according to order had said report un- 
 der consideration and had made some progress therein hut 
 not having time to go thro' the same had directed him to ask 
 leave to sit again, which was granted. 
 
 On motion of Mr. King Jlesolved* tjiat when this Convention 
 adjourns it will adjourn till half past 3 oVlock. 
 
 On motion ordered that this Convention do now ad journ. 
 
 Half past 3 o'clock i». M 
 The Convention met pursuant to adjournment 
 Mr. Garrow a member from the county of Mobile appeared 
 and took his scat. 
 
 On motion of Mr. Hughes the Convention resolved itself in- 
 to a committee of the whole, on the report of the committee 
 appointed to prepare and report a plan of a, Constitution for 
 the State of Alabama. Ml. Pickens of Washington in the 
 chair ; and alter some time spent therein, Mr. President resum- 
 
20 
 
 cd the chair, and Mr. Pickens reported that the committee of 
 the whole had according to order had the said report under 
 consideration had made sundry amendments thereto. Wjili 
 which the committee asked the concurrence of the Convention. 
 
 On motion of Mr. King, ordered that the said report with 
 the amendments He upon thn table 
 
 On motion of Mr. King the report of {he committee appoint- 
 ed to prepare an ordinance comformably to the conditions 
 contained in the sixth section of the act of Congress for ttic ad- 
 mission of this Territory into the Union with the amendments 
 made thereto in committee of the whole, was called up. 
 
 And on motion the Convention again resolved itself into a 
 committee of the. whole on the said report and amendments. — 
 Mr. Pickens of Washington in the chair; and after some time 
 spent therein, Mr. President resumed the chair, and Mr. Pick- 
 ens reported that the committee had according to order had 
 the said ordinance with the amendments under consideration 
 and had made sundry amendments thereto, With which they 
 asked the concurrence of the Convention, 
 
 And the question being taken thereon, it passed in the affir- 
 mative. 
 
 The said ordinance was then read a second time and order- 
 ed to he engrossed and read a third time. 
 
 On motion ordered that the Convention do now adjourn. 
 
 WEDNESDAY, July 28, 1819 
 The Convention met pursuant to adjournment. 
 Mr. Minor from the committee appointed to draw and re- 
 port to this Convention a memorial to the Congress of the li- 
 nked States praying that if the treaty with Spain made at 
 "Washington during the present year, shall be ratified by the 
 Spanish Government, so much of the Territory thereby ceded 
 to the United States as lies west of the Apalachicola River 
 may he annexed to the State of Alabama, made a report which 
 was received and read the first time, and ordered to be laid on 
 the table. 
 
 On motion of Mr. King the Convention proceeded to consi- 
 der the amendments made to the Constitution as reported by 
 the committee of the whole. 
 
 The amendments made to the preamble of the Constitution 
 as reported by the committee of the whole in the 4th, 6th and 
 16th lines being read, and the questions being taken thcreoi 
 they were concurred in by the Convention. 
 
 A motion was made by Mr. Pickens of Washington, to a- 
 
21 
 
 mend the last amendment made in committee of the whole to 
 the preamble of the Constitution* by strikng out the words 
 « alteration br," and the question being taken thereon, it pas- 
 sed in the affirmative. 
 
 ARTICLE 1- DECLARATION OF RIGHTS. 
 
 The amendments made to the 3d, 5 th, 9th, llth, and 17th 
 sections,beiog read and the questions being taken thereon, they 
 W(P* concurred in by the Convention. 
 
 Mr. Taylor moved to amend the amendment made in com- 
 mittee of the whole to the 21st. section, hy striking out the 
 words, "except during the life of the offender.** 
 
 And the question being taken thereon, it passed in the af- 
 firmative 
 
 The question was then taken on concurring with the amend- 
 ment as amended, and passed in the affirmative 
 
 The question was then taken on the amendment made to the 
 29th section, and concurred in by the Convention. 
 
 ARTICLE 3 — -LEGISLATIVE DEPARTMENT 
 
 The amendment which was made in committee of the whole 
 to the 3d. sec. being read,was concurred in by the Convention. 
 
 Mr. King moved to disagree to the amendment made in com- 
 mittee of the whole to the 4th section, which struck out the 
 words twenty three and inserted the words "twenty one,'* the 
 age prescribed as to qualification for a Representative. 
 
 And the question being taken, will tb~ Convention concur 
 in said amendment, it passed in the affirmative. 
 
 The yeas and nays being called for by two members pre- 
 sent,those who voted m the affirmative are, 
 
 Messrs. Armstrong, Bibb (of Limestone) John Brown, I- 
 saac Brown, Clay, Conner, Cook, Crabb, Davis, Ellis, Han- 
 by. Hopkins, Hughes, Jackson, M'Goffin, Metcalf, Moore, 
 Phillips, Pickens, (of Washington) Rogers, SafToVd, Terrtf, 
 Thompson, Tindal, Townes, \ aughan, Wiggins, Wright and 
 Williams — 29. 
 
 And those who voted in the negative are, Mr. President, 
 Messrs. Bibb,(of Montgomery) Chambers, Garrow, Hitchcock, 
 King, M'Vay, Minor, Pickens, (of Monroe) Sims, Taylor, 
 Toulmin, and Watkins — 13. 
 
 The amendments to the 5th, 8th, 9tb, 10th, 11th and 12th 
 sections were read and concurred in. 
 
 The new section proposed by the committee of the whole to 
 oorne in after the 12th section was read and concurred m. 
 
 The amendments to the 17th, 25th and 2Gth sections were 
 fead and concurred in. 
 
22 
 
 The amendment « made to the £8th section being read, Mr. 
 Toulinin moved to amend the amendment by striking out the 
 words 1828, and inserting in lieu thereof 1825 
 
 And the question being taken thereon, it passed in the affir- 
 mative. 
 
 Mr. Williams moved to strike out the provisio to the a* 
 mend men t, and the question being taken thereon, it was de- 
 cided in the negative. 
 
 Mr. Clay moved farther to amend the amendment by adding 
 an additional provisio in the following words ; ** And prov • 
 ded also that the General Assembly shall make no appropria- 
 tions previous to the year 1825 tor the building of any other 
 State House than that now provided for by law. 
 And the question being taken thereon,it passed in the affirmative* 
 
 The question was then taken on concurring with the amend- 
 ment as amended, and decided in the affirmative. 
 
 ARTICLE 4 EXECUTIVE- DEPARTMENT. 
 
 Amendments made to the. 5th, 6th, 8th ? 14th, 15th, ITth, 
 21st, 22d, 23d, and 25th sections were read and concurred in. 
 
 MILITIA. 
 
 The amendments made to the 2d section were read and con- 
 curred in. 
 
 The fourth section was then read as amended in com- 
 mittee of the whole, which prescribes that all qthcers of the mi- 
 litia shall be elected or appointed in such manner as may bo 
 prescribed by law ; provided that t|ie General Assembly shall 
 not make any such elections or appointments other tnan those 
 of Adjutants General and Quarter-masters General. 
 
 Mr. Saffoid moved to amend the amendment made in com* 
 mittee of the whole, by striking out the words "provided that 
 the General Assembly shall not make any such elections or 
 appointments." 
 
 And the question being taken thereon, it* was decided' in the 
 negative. 
 
 The yeas and nays being demanded by two members pre- 
 sent : those who voted in the affirmative are, 
 
 Messrs. Moore, Pickens (of Monroe) Saffoid, Tindall, 
 Towncs, Wiggins, and Williams— T. 
 
 Those who voted in the negative arc,Mr Presidcnt,Measrs. 
 Armstrong, Bibb, (of Limestone) Bibb (of Montgomery) John 
 Brown, Isaac Brown, Chambers, Clay, Conner, Cook* Crabb, 
 Davis, Ellis, Garrow, tlanby, Hitchcock, popkhts, Hughes^ 
 Jackson, King, M^Goffin, M'Vay, Metcalf, Mpnor, Phillips,, 
 
23 
 
 Fickens (of Washington} Rogers, Sims,Tayloi%Terril,Thomp« 
 8009 Toulmin, Vaughan, Walkins, and Wright— 35. 
 
 Mr, King then moved to strike, out the words " other than 
 those of Adjutants General and Quarter-masters General.?* 
 
 And the question bring taken thereon, ii was decided in the 
 negative. 
 
 The yeas and nays ocing demanded by two members pre- 
 sent, those who voted in the aitii illative are Mr. President, 
 Messrs Bibb, (of Limestone) Bibb (of Montgomery) Chambers, 
 Clay, Davis, Eliis, Garrow, Hitchcock, King, Pickens, (of 
 "Washington) Rogers, Sims, Taylor, Terril, Thompson, Toul- 
 min, Vaughan, and Watkins — 19. 
 
 Those who voted in the negative arc Messrs Armstrong, 
 John Brown, Isaac Brovn, Conner, Cook, Crabb, Hanby, 
 Hopkins, Hughes, Jackson, M'Goiiin, M'Yay, Metcalf, Mi- 
 nor, Moore, Phillips, Pickens (of Monroe,) Saffold, Tindal, 
 Townes, Wiggins, Wright and Williams — 23. 
 
 The amendments to the fifth section were then read, giv- 
 ing to the Governor the appointment of his Aids-dc-Camp. 
 
 Mr. King moved to amend the amy nit in en t by striking out 
 the words, *» his own JHds-de-Camp, 9 ' and inserting in lieu 
 thereof m his staff officers" — And the question bring taken 
 thereon, it was decided in the negative. 
 
 Mr. Toulmin moved to amend the amendment by adding the 
 following words, " he shall nominate, and by and with the ad- 
 vice ami consent of the Senate appoint, all general staff officers, 
 whose appointments are not otherwise provided for ; and the 
 question being taken thereon, it was decided in the negative. 
 
 The question was then taken on the amendment as reported; 
 by the committee of the whole and decided in the affirmative* , 
 
 ARTICLE 5 JUDICIAL I)EPJR'fMEA"T. 
 
 The amendments made in committee of the w hole to sec- 
 tions 1st, 2d, ad, 4th, 5th, 9th, 10th, llth and 13th were read 
 and concurred in. 
 
 The amendment made to the 16th section, which pro- 
 vides that the clerks of the several courts shall be appointed in 
 such manner and be removed from oilice lor such causes, as 
 may be prescribed hy law — being read, 
 
 Mr, Clay moved to amend the amendment by adding the fol- 
 lowing words, "provided that tiie General Assembly shall not. 
 make such appointments," And the question being taken there- 
 on, it w r as decided in the negative. 
 
 Mr. Salfold then moved to amend the amendment by strik* 
 
24 
 
 trig out the amendment of the committee of the whole, after the 
 Word several, and inserting the following words, after the word 
 several, « Circuit and Interior courts in this state shall be e- 
 lected by the qualified electors in each county for the term of 
 years and may be removed from oflice for such causes 
 and in such manner as may he prescribed by law, and should 
 a vacancy occur subsequent to an election, it shall be filled by 
 the Judges of the court in which the vacancy exists, and the 
 person so appointed shall hold his office until the next General 
 election. 
 
 And the question being taken on striking out said words, it 
 was decided in the affirmative. 
 
 The yeas and nays being demanded by two members pre* 
 sent, those who voted in the affirmative, arc Messrs. Arm- 
 strong, Bibb, (of Montgomery) John Brown, Isaac Brown, 
 Conner, Cook, Crabb, Hanby, Jackson, M'Gonin, M'Vay, 
 Metcalf, Moore,- Phillips, Safiold, Sims, Terril, Thompson, 
 Tindal, Yaughan, Watkins, Wiggins and Williams — 23. 
 
 Those who voted in the negative are Mr. President, Messrs* 
 Bibb, (of Limestone) Chambers, Clay« Davis, Ellis, Garrow, 
 Hitchcock, Hopkins, Hughes, King, Minor* Pickens, (of 
 Monroe) Pickens, (of Washington) Rogers, Toulmin. Taylor, 
 Tovvnes and Wright — 19. 
 
 The question was then taken on inserting said words and 
 decided in the affirmative. 
 
 The yeas and nays being demanded by two members pre- 
 sent Those who voted in the affirmative, are Messrs. Ann- 
 strong, Bibb (of Montgomery) John Brown, Isaac Brown, 
 Conner, Cook, Crabb, Hanby, Jackson, M'Gofhn, M'Vay, 
 Metcalf* Moore, Phillips, Pickens, (of Monroe) Saffbld, Sims, 
 Terril, Thompson, Tindal, Yaughan, Watkins, Wiggins, and 
 Williams— 24. 
 
 Those who voted in the negative, arc Mr. President, Messrs. 
 Bibb 'of Limestone) Chambers, Clay, Davis, Ellis, Garrow, 
 Hitchcock; Hopkins, Hughes, King, Minor, Pickens, (of 
 Washington) lingers, Taylor, Toulmin, Townes,& Wright — 18 
 
 On motion of Mr. King — Resolved, that when this Conven- 
 tion adjourns it will adjourn till 4 o'clock, P. M. 
 
 On motion ordered that the Convention do now ad journ. 
 
 4 o'clock, P. M. 
 
 The Convention met pursuant to adjournment. 
 
 On motion of Mr. King the Convention proceeded to consi- 
 der the amendments mane to the Constitution as reported b/ 
 the committee of the whole. 
 
25 
 
 Mr. Clay moved farther to amend the amendment made to 
 the 1 6th section by adding the following words, "provided 
 that ho person who may be elected clerk shall be permitted to 
 enter on the duties of the office, ** till he shall have produced tu 
 the court for which he shall have been elected clerk a certifi- 
 cate from some Judge of the Supreme or Circuit court of thi$ 
 State that he is qualified far the duties of bis Om"ce,and a failure 
 to produce such certificate shall be deemed a vacation of th« 
 office, and the court shall proceed to appoint a clerk, for the 
 remainder of the term.'* And the question being taken there- 
 on, it was decided in the negative. 
 
 The yeas and nays being demanded by two members pres- 
 ent, those who voted in the affirmative, are Messrs. Cham* 
 bers,Clay, Davis, Ellis, Garrow, Hitchcock, Hopkins, Hughes, 
 King, M'Goffin, Metcalf, Minor, Rogers, Taylor* Terril, 
 Tow lies and Wright — 17. 
 
 Those who voted in the negative, are Mr President, Messrs, 
 Bibb (of Limestone) Bibb (of Montgomery) John Brown, Isaac 
 Brown, Conner, Cook, Crabb. Hanby, Jackson, M'Vay, 
 Moore, Phillips, Pickens (of Washington) Pickens (of Monroe) 
 Saffold, Sims, Thompson, Tindal, Toulmin, Vaughan, Wat- 
 kins, Wiggins, Williams and Armstrong — 25. 
 
 Mr. Hughes moved to fill the blank in said amendment with 
 the word "ten*" and the question being taken, it was decided 
 in the negative. 
 
 Mr Bibb (of Montgomery) moved to fill the blank with the 
 word "four." And the question being taken, it was decided in 
 the affirmative. 
 
 Mr. Toulmin moved farther to amend the said amendment 
 by adding the following proviso, "provided, however, that the 
 General Assembly shall direct a mode by which persons so e- 
 lected shall within six months after their election, be examin- 
 ed by clerks or other persons well skilled in the duties of a 
 clerk and should it appear on such examination that any per- 
 son so elected is not duly qualified to discharge the duties of 
 the office, another clerk shall be elected at the next general e- 
 lection, and the dnties of the office shall in the mean time be 
 discharged in such manner as may he prescribed by law," and 
 the question being taken thereon, it was decided in the nega- 
 tive 
 
 The yeas and nays being demanded by two members pre- 
 sent, those who voted in the affirmative, are Messrs. Cham- 
 bers? Clay,Davi3,E!lis, Garrow, Hitchcock, Hopkins, Hughes, 
 
 D 
 
26 
 
 King, M'Gofliu, Rogers, Terril, Toulmin,Townes and Wright 
 — i 5. 
 
 Those who voted in the negative, are Mr President Messrs. 
 Armstrong, Kibb, (of Limestone Bihfo of Montg«mery) John 
 Brown, Isaac Brown, Conner, Cook, Crabb, Manny, Jack- 
 t»oa, M'Vay, Metcaif, Minor, Moore, Phillips, Pickens (of 
 Monroe) Pickens (of Washington) Salfold, Sims, Taylor, 
 Thompson, Tindal, Vaughan, Watkins, Wiggins, and Wil- 
 liams— 27. 
 
 The question was then taken on concurring in the amend- 
 ment as amended, and was decided in the affirmative. 
 
 The amendment to the I9ih section was then read, and the 
 words " circuit attornies," stricken out, and the word « soli- 
 citors" inserted. 
 
 ARTICLE 6 GENERAL PROVISIONS. 
 
 The amendments made by the committee of the whole to the 
 9th, 1 2th, 14th, 15th and 1 6th sections were read and con- 
 curred iti 
 
 Trie amendment to the 17th section being read, Mr. Bibb of 
 Montgomery, moved to strikeout the words « at the next suc- 
 ceeding session," and the question being taken thereon, it 
 was decided in the negative. 
 
 The amendments made in committee of the whole by striking 
 out entirely the 19th,20th and 21st sections, were concurred in. 
 
 The. amendment to the 24th section being read was concur- 
 red in. 
 
 SLAVES 
 
 The amendment made to the 2d section was read and con- 
 curred in. 
 
 MODE OF AMENDING AND REVISING THE CON* 
 STITUTION. 
 
 The amendment made to the 1 2th line was read and concur- 
 red in. 
 
 ESTABLISHMENT OF BANK'S 
 
 The amendments made to the 1st section and to the 1st, 5thj 
 6th and 7ih rule were read and concurred in. 
 
 SCHEDULE 
 
 The amendments made to the Lsl, 6th and 8th sections were 
 read and concurred in* 
 
27 
 
 The new section introduced in committee of the whole de- 
 signating new election precincts being' read, and the question 
 being taken* will the. Convention concur in this amendment— 
 it was decided in the negative. 
 
 On motion ordered that the Convention do wow adjourn. 
 
 THVRSJ)AY,Jnhj 29, 1319 
 The Convention met pursuant to adjournment 
 On motion of Mr King, ordered I hat the Constitution be 
 now read a second time: which was done accordingly. 
 
 Mr. Pickens (of Washington) moved the following amend- 
 ment as a new sec (ion under the head of Genets! Provisions'* 
 « in the event of the annexation of any foreign territory to 
 this State by a cession from the United States, laws may be 
 passed extending to the inhabitants of such territory ail the 
 rights and privileges which may be required by the terms of 
 such cession; any thing in this Constitution to the contrary 
 notwithstanding 99 
 
 And the question being taken thereon, it passed in the affir« 
 mative. 
 
 Mr. Pickens (of Monroe) moved \o amond the 5!h section 
 of the 3d anicle oy adding a proviso in the following words, 
 « and provided also that; 1 he General Assembly shall have 
 power to declare what other Tree persons above the age of 
 twenty one years, shall he entitled to tiie right of suffrage.*' 
 
 And the question being taken thereon, it was decided in the 
 negative. 
 
 Mr Bibb (of Limestone) moved to amend the 5th section of 
 the 3d article by adding a proviso in the following words, 
 "provided that the General Assembly shall have power to dc- 
 tine by law, what free persons of mixed blood shall he deemed 
 white persons within the meaning of this section and who 
 with the qualifications of age and residence be vein required 
 shall be deemed qualified electors." 
 
 On motion of Mr Taylor, ordered that {he said amendment 
 lie uptm the table. 
 
 Mr. Taylor moved to strike out the 16th section of the. 5th 
 article, (relative to the appointment of clerks,) and to insert in 
 lieu thereof the following, " Clerks of the several Courts 
 shall be appointed in such manner, and bold their offices for 
 such term and be removed for such causes, as may be pre- 
 scribed by law " 
 
 And the question being taken thereon, it was decided in the 
 
28 
 
 Mr. Bibb (of Limestone) moved to strike out all that part 
 of the J st seotion under the article of slaves, which follows the 
 word " humanity," in the loth line. 
 
 And the question tieing taken thereon, it was decided in the 
 negative. 
 
 Mr Taylor moved to insert, after the word "crimes," in the 
 2d sect ion under tbe article of slaves the following words, "of 
 a higher grade than petit larceny ." 
 
 And the question being taken thereon, it was, decided in the 
 affirmative. 
 
 Mr Bibb (of Limestone) moved to amend the third section 
 under the article of slaves by striking out the remainder of tin? 
 section which follows the word "slave," in the 4th line. 
 
 And the question being taken thereon, it was decided in the 
 affirmative. 
 
 Mr. Clay moved to amend the 15 th section of the 6th article 
 by inserting after the word " Governor," « and for members 
 of the General Assembly." 
 
 And the question being taken thereon, it was decided in the 
 affirmative. 
 
 Mr Chambers moved to strike out the 1st section under 
 the head of Banks* as reported by the Committee of the whole 
 and to insert in lieu thereof the following: 
 
 "No Bank nor Branch Bank shall be established, nor 
 bank charter renewed under the authority of this Siate, with- 
 out the concurrence of a majority of the members elected to 
 each House of the General Assembly, not more than one Bank 
 or Branch Bank shall be established, nor Bank charier re- 
 newed at any one session of the General Assembly ,norshaU any 
 Bank or Branch Bank be established or Bank charter renew- 
 ed but in conformity with the following Rules." 
 
 And the question being taken thereon, it was decided in the 
 negative. 
 
 The yeas and nays being demanded by two members pre- 
 sent, those who voted in the affirmative* are, Mr. President, 
 Messrs. Chambers, Clay,I£His, Garrow, Hitchcock, Hopkins, 
 Minor, Pickens, (of Monroe) Pickens (of Washington) Tay- 
 lor and Watkins — 12. 
 
 Those who voted in the negative, are Messrs. Armstrong, 
 Bibb (of Montgomery) Bibb (of Limestone) John, Brown, Isaac 
 Brown, Conner, Cook, Crabb, Davis, Han by, Hughes, Jack- 
 Son, King, M'Gofiin, M'Vay, Melcalf, Moore* Phillips, Rq. 
 
29 
 
 pers, Saffold, Sims, Terril, Thompson, Tinda?, Toulmin, 
 Townes, Vaughan, Wiggins, Wright and Williams — 30 
 
 Mr. King moved to amend the 1st section under the head of 
 « mode of amending and revising the Constitution," in the 8fh 
 line by striking out the words "entitled to vote" and inserting 
 in lieu thereof the word w voting" and in the 9th line by stri- 
 king out the words* *<in favour of ?? and inserting in lieu there- 
 of the word « on" in the nth line by striking out the words 
 «* entitled to a vote" and inserting in lieu thereof the word 
 •* voting " 
 
 And the question being taken thereon^ it was decided in the 
 affirmative. 
 
 Mr. Jackson moved to amend the 14th section of the 5th 
 article, which provides that the Judges shall hold their offices 
 during good behaviour, by striking out the words "good be* 
 haviour," and inserting in lieu thereof the words * the term 
 of six years." 
 
 And the question being taken on striking out, it was deci- 
 ded in the negative. 
 
 The yeas and navs being demanded by two members pre- 
 sent- those who voted in the affirmative, are Messrs. Arm- 
 strong, John Brown, Isaac Brown, Conner, Gook. Hanby, 
 Jacksoji, M'Gcrffin, M'Vay, Metcalf, Mooro, Phillips, Sat-' 
 fold, Sims, Terril, Thompson, Vaughan and Wiggins— 18. 
 
 Those who y^ted in the negative, are Mr. President, Bibb, 
 (of Limestone) Bibb (of Montgomery^ Chambers, Clay, 
 Crabby Davis, Ellis, Garrow, Hitchcock, Hopkins, HugUcs, 
 -King, Mead, Murphy, Minor, Pickens (of Monroe) Pickens 
 (of Washington) Rogers. Taylor, Tindal, Toulmin, Towncs, 
 Watkins, Wright, and Williams — 25. 
 
 Mr. SafFold moved to amend the I4th section of the 5th ar- 
 ticle, by striking out the following words (after the word pro- 
 vided) "however, that the cause or causes for which such re- 
 moval shall be required shall be stated at length in. such ad- 
 dress and entered on the Journals of each ffousc~-~aiicJ provi 
 ded further that the cause or causes shall be notified to the 
 Judge so intended to he removed, and he shall be admitted to a 
 hearing in his own defence before any vote for such address 
 shall pass, and in all such cases the vote shall betaken by yeas 
 and nays and entered on the Journals of each house respect- 
 tively — and provided also." 
 
 And the question being taken thereon, it was, decided in the 
 negative. 
 
30 
 
 Mr Phillips moved to amend the Constitution by striking 
 out the first section of the 6th article, and inserting the fol- 
 lowing in lieu thereof, "Every officer of this State before 
 entering upon the duties of his office, shall take the following 
 oath or affirmation I, A. B do solemnly swear as the case 
 may be) that I have not used any undue means to procure my 
 election or appointment, either by treating, bribery, false re- 
 presentation or otherwise either directly or indirectly, & that 
 ail matters and things touching the services I am to perform 
 I will to the best of my abilities, conduct myself so as to pro- 
 mote the public good that 1 am duly qualified according to the 
 Constitution of this State, and that 1 will support the same* 
 and the Constitution of the United States 99 
 
 And the question being taken thereon, it w as decided in the 
 negative. 
 
 M r Bibb (of Montgomery) moved to amend the 8th sec- 
 tion of the 3d article, by striking out so much, as gives sepa- 
 rate representation to towns. 
 
 And the question being taken thereon, it was decided in the 
 negative. 
 
 The yeas and nays being demanded by two Members pre- 
 sent, those who voted in the affirmative, arc Messrs Ann- 
 strong, Bibb (of Limestone) Bibb (of Montgomery) Isaac 
 Brown, Crabby M'Goflin, Metcalf, Murphy, Phillips, Pickens 
 (of Monroe) Pickens of Washington) Saffold, Terril, Tindal, 
 Vanghan, Wiggins and Williams — 17. 
 
 Those who voted in the negative, are Mr. President, Messrs, 
 3ahn Brown, Chambers, Clay, Conner, Cook, Ellis* Gsutow, 
 Han by, Hitchcock, Hopkins, Hughes,, Jackson. King, M'- 
 Vay, Minor, Moore, Rogers, Sims, Taylor. Thompson, 
 Tou| win, Townes, Watkins and Wright — 25 
 
 On motion of Mr. Bibb, (of Limestone) - ordered that the 
 Constitution be laid upon the table. 
 
 On motion of Mr. Bibb, (of Limestone,) Resolved* that 
 when this Convention adjourns, it will adjourn till 4 o'clock 
 this evening. 
 
 On motion ordered that the Convention do now adjourn. 
 
 4 o'clock, P. M. 
 
 The Convention met pursuant to adjournment. 
 
 On motion of Mr. Hitchcock* the Convention resumed 1 1 jo 
 consideration of the Constitution. 
 
 Mr. Hitchcock moved to strike out the 4th and 5th sections 
 under the head of « militia," and insert the following, « The 
 
31 
 
 Governor shall appoint his Aids-de-camp- Majors General 
 shall appoint their Aids-de-camp, and ail other division Staff 
 officers: Brigadiers General, shall appoint their Aidb-de-camp 
 and all other Brigade Staff officers: Colonels shall appoint 
 their regimental Slaff officers : and all othe r officers of the mi- 
 litia shall he elected or appointed in such manner as may bo 
 prescribed by law, provided that the General Assembly, shall 
 nut make any such elections or appointments, other than Ad- 
 jutants General or Quarter Masters General, and all militia 
 officers shall be commissioned by the Governor." 
 
 And the qucstiou. being taken thereon, it was decided iu the 
 negative. 
 
 Mr. Crahb moved to strike out the 4th section under the 
 head of militia, and to insert iu lieu thereof the following: 
 « Majors General shall be elected b\ the Brigadiers, and 
 field officers of their respective divisions Brigadiers General 
 shall be elected by the field officers of their respective Brig- 
 ades. AH other Held ollh ers of the militia, shall be elected by 
 those citizens in their respective districts qualified to vote for 
 representatives, or subject to military duly; Captains, Sub- 
 alterns & non-commissioned officers shall be elected by those 
 citizens in their respective districts, who are qualified to vote 
 for members of the General Assembly or subject to military 
 duty » 
 
 And the question being taken on striking out the said sec- 
 tion, it was decided in the negative, 
 
 Mr Phillips moved to amend the 16th section of the 3d ar- 
 ticle which prescribes the mode of appointing the clerks of 
 courts, by adding the following proviso, "provided however 
 that after the year the General Assembly may pres- 
 cribe a different mode of appointment, but shall not make suoh 
 appointments. 
 
 And the question being taken thereon, it was decided in the 
 affirmative. 
 
 Mr. Phillips then moved to fill the blank in said proviso, 
 with the words one thousand eight hundred and twenty-six. 
 
 And the question being taken thereon, it was decided in the 
 affirmative. 
 
 Mr Hitchcock moved to amend the 16th section of the 4th 
 article by striking out in the 2d line the words, « in the Go- 
 vernor and Senate or." 
 
 And the question being taken thereon, it was decided in the 
 affirmative 
 
32 
 
 Mr. King moved to amend the 7th section of the Schedule 
 hy inserting itt the fourth line after the word Assembly these 
 words ♦* Clerks of the several courts." 
 
 And the question being taken thereof it was decided in the 
 affirmative. 
 
 Mr. Crabb moved to amend the 8th section of the Schedule 
 lay strikirg out all the words after the word Representative in 
 the 16th line'; with a view of inserting the following; '« the 
 county of Madison shall be entitled to two Senators, and eve- 
 ry oilier county to one Senator each 99 
 
 And the question being taken on striking out, it was deci- 
 ded in the negative. 
 
 The yeas and nays being demanded by two members pre- 
 sent, those who voted in the affirmative are Messrs. Arm* 
 strong, John Brown, Isaac Brown, Conner, Cook, Crabb* 
 Ellis, Garrow, Hanby, Jackson, M'Gnffiu, M'Vay, Metcalf, 
 Phillips, Rogers, Sims, Terril, Thompson, Tiudal, Toulmin, 
 and Vaughan- — 21. 
 
 Those who Voted in the negative, are Mr. President, Messrs. 
 Bibb (of Limestone) Bibb (of Montgomery) Chambers, Clay, 
 Davis, Hitchcock, Hopkins, Hughes, King, Minor, Moore, 
 Pickens (of Monroe) Pirkcas (of Washington) Saffold, Tay- 
 lor, Towiies, Watkins, Wiggins, Wright, and Williams-— 21. 
 
 Mr. Toulmin moved to amend the 3d article of the Consti- 
 tution by adding a new section at the end of it in the follow- 
 ing woids, m whenever an enumeration is made the ratio for a 
 single representative shall be established. Any county which 
 has double the number of such ratio, shall be entitled to two 
 Representatives. The ratio for a third representative, shall be 
 the original ratio with one third thereof added to it. The ra- 
 tio for a fourth representative shall be the ratio of the third, 
 with one third thereof added to it. The ratio for a fifth-repre- 
 sentative sliail be the ratio for the fourth, with one third there- 
 of added to it. The ratio for the sixth representative shall be 
 the ratio for the fifth, with one third thereof added to it The 
 ratio shall advance in the same proportion for every addition* 
 al representative " 
 
 And the question being taken thereon, it Was decided in the 
 negative. 
 
 The yeas and nays being demanded by two members pre- 
 sent* those who voted in the affirmative, are Messrs. Arm- 
 strong, John Brown, Isaac Brown, Conner, Cook, Crabb, 
 Garrow, Hanby, M'Goflin, Metcalf, Pickens (of Washington; 
 
33 
 
 Rogers, Saflfold, Sims,, Terril, Thompson* Toulmin, Vaughan* 
 and Watkins — 19. 
 
 Those who voted in the negative, are Mr. President,Mcssrs. 
 Bibb (of Limestone Bibb (of Montgomery) Chambers, Clay, 
 Davis, Ellis, Hitchcock, Hopkins, Hughes, Jackson, King, 
 M'Vay, Minor, Moore, Phillips, Pickens (of Mouroe) Tay- 
 lor, Tindal, Townes, Wiggins, Wright and Williams— £3. 
 
 Mr. Toulmin moved to amend the 9th section of the 3d 
 article by adding the following proviso, "and provided also, 
 that no county shall be entitled to more than five representa- 
 tives" And the question being taken thereon, it was deci- 
 ded in the negative. 
 
 The yeas and nays being demanded by two members pre. 
 sent, those who voted in the affirmative, are Messrs'. Arm- 
 strong, Bibb (of Montgomery) John Brown, Isaac Brown, 
 Conner, Cook, Crabb, Garrow, Hanby, Jackson, M'Golfin, 
 Metcalf, Phillips, Rogers, Saffuid, Sims, Terril, Thompson, 
 Toulmin, and Vaughan — £0. 
 
 Those who voted in the negative, are Mr, President, Messrs. 
 Bibb (of Limestone) Chambers, Clay, Davis, Ellis Hitch- 
 cock, Hopkins, Hughes,King. M'Vay, Minor, Moore, Pick- 
 ens (of Monroe) Pickens (of Washington) Taylor, Tjndal, 
 Townes, Watkins, Wiggins, Wright, and Williams— -22. 
 
 Mr. Saffold moved to amend the 16 th section of the 6th ar- 
 ticle by striking out all the section after the word contents in 
 the 4th line. And the question being taken thereon, it was 
 decided in the negative. 
 
 Mr. Williams moved to amend the 28th section in the 3d ar- 
 ticle, by striking out the words « at the town of Cabawba," 
 (the place designated for the seat of Government) and insert- 
 ting in lien thereof, " at such place as may be prescribed by 
 law 3> And the question being taken thereon, it was decided 
 in the negative. 
 
 The yeas and nays being demanded by two members pre- 
 sent, those who voted in the affirmative, .are Messrs. Crabb, 
 Hanby, M'Vay, Moore, Tirida.l and Williams— 6. 
 
 Those who voted in the negative, are Mr.' President, Messrs. 
 Armstrong, Bibb (of Limestone) Bibb (of Montgomery) John 
 Brown Isaac Brown, Chambers, Clay, Conner, Cook, Da- 
 vis, Ellis, Garrow, Hitchcock, Hopkins, Jackson, King, M'- 
 Goftin, Minor, Phillips, Pickens (of Monroe) Pickens (of 
 Washington) Rogers, Saffold Sims. Taylor, Terril, Thomp- 
 son, Toulmin, Townes, Vaughan, Watkins, Wiggins, and 
 Wright— 35. 
 
i 
 
 34 
 
 Mr Williams moved to amend the Constitution, by adding 
 totfae General provisions a new section in the following words, 
 "all lands liable to taxation in this State, shall be taxed in pro- 
 portion to v alue 99 And t he question being taken thereon, it 
 *was decided in the affirmative. 
 
 Mr. Thompson moved to amend the 8th section of the Sche- 
 dule, by striking out in the 11th line the word "one" and in- 
 serting "two" in lieu thereof with a view of giving Marengo 
 county two Representatives instead of one. And the question 
 being taken thereon, it was decided in the negative. 
 
 Mt Bibb (of Limestone) moved to amend the 14th section 
 of the 5th article by striking out from the word house in the 
 7th line to the word pass in the 10th line. And the question 
 being taken thereon, it was decided in the negative- 
 Mr. Pickens (of Washington) moved to amend the Consti- 
 tution by adding a new section to the General provisions in 
 the following words. 
 
 "The General Assembly shall makeprovision by law forob- 
 t&ining correct knowledge of the several objects proper for 
 improvement, in relation to navigable waters, and to the roads 
 in this State ; and for making a systematic and economical ap- 
 plication of the means appropriated to these objects." 
 
 And the question -being taken thereon it was decided in the 
 affirmative. 
 
 Mr. Bibb of Montgomery moved to amend the 8th section 
 of the Schedule by striking out the word « two" in the 23d 
 line and inserting «one" in lieu thereof, with a view of taking 
 from the county of Madison one senator. And the question 
 being taken thereon, it was decided in the negative. 
 
 M r Cook moved to amend the 28th section of the 3d arti- 
 cle prescribing the place where the next session of the Legis- 
 lature .shall be held by striking out the words, « at the town 
 of ifUntsviHe." And the question being taken thereon, it was 
 decided in the negative. 
 
 Mr Metcalf moved to amend the new section proposed by 
 Mr Williams by adding a proviso, in the following words 
 <* Provided that the General Assembly shall have no power to 
 levy on white polls a tax for county or State purposes" 
 
 And the question being taken thereon, it was decided in the 
 negative 
 
 Mr Williams moved to reconsider the amendment proposed 
 by Mr. Crabh to the 8th section of the Schedule (relative to 
 the apportionment of Senatorial representation ) And the 
 question being taken thereon,it was decided in the affirmative. 
 
35 
 
 Mr. Crabb then moved to strike out so much of the said 
 section as relates to the senatorial representation and to in. 
 aert in lieu thereof the following; "and each county shall be 
 entitled to one Senator who shall serve for one term.'' 
 
 And the question being taken on striking out said section, 
 jt was decided in the affirmative. 
 
 The yeas and nays being demanded by two members pre- 
 sent, these who voted in the affirmative, are Messrs. Arm. 
 strong, Bibb (of Montgomery) John Brown, Isaac Browu, 
 Conuerj Cook, Crabb, Ellis, Garrow, Hanby, Jackson, M'- 
 Goffin, Metcalf, Phillips, Rogers, Sims, Tcrril, Thompson, 
 Tindal, Toulmin, Yaughan, Wiggins, Wright & Willams-24. 
 
 Those who voted in the negative, are Mr. President, Messrs. 
 Bibb ;of Limestone) Chambers, Clay, Davis, Hitchcock, Hop- 
 kins, Hughes, King, Minor, Moore, Pickens (of Monroe) 
 Pickens (of Washington) Taylor, Townes and Watkins — 16. 
 
 Mi'. Moore moved to amend the amendment so as to give 
 Madison county two Senators. And the question being taken 
 thereon, it was decided in the negative. 
 
 The question was then taken on inserting the words propo- 
 sed by Mr. Crabb, and passed in the affirmative. 
 
 Mr. Moore moved to add the following new section to come 
 in under the head of general provisions. "Any member of ei- 
 ther house shall have liberty to dissent from and protest a- 
 gainst any act or resolution which he may think injurious to 
 the pubiic or an individual, and have the reasons of his dissent 
 entered on the Journals." And the question being taken there 
 on, it was decided in the affirmative, 
 
 M r. Toulmin moved to add a new section to the Judicial de- 
 partment, in the following words, " w henever any Judge shall 
 be unable to hold a circuit court by reason of sickness or other 
 disability, the Governor shall have power to issue a temporar 
 ry commission authorizing some other person to preside as 
 Judge at the court or courts at which such Judge may be un- 
 able to attend." And the question being taken thereon, it was 
 decided in the negative. 
 
 Mr. Moore moved to amend the ,12th section of the 3d ar- 
 ticle, providing that Senators shall be elected for three years 
 by striking out the word three and inserting « two " And the 
 question being taken thereon, it was decided in the negative. 
 
 The yeas and nays being demanded by two members pre- 
 sent, those who voted in the affirmative are Messrs. Arm- 
 strong, Crabb, Garrow, Hanby, Jackson, M'Goflin, M'Vay, 
 
36 
 
 Metcalf, Moore, Phillips, Pickens (of Monroe) Pickens (of 
 Washington) Saffold, Sims, Terril, Thompson, Tindal, 
 Vaughan, "Wiggins and Williams — 20. 
 
 Those who voted in the negative, arc Mr. President, Messrs. 
 Bibb (of Limestone) Bibb (of Montgomery) John Riown I- 
 saac Brown, Chambers. Cfay, Cook, Davis, Ellis/Hjtchcock, 
 Hopkins, Hughes, King, Minor, Rogers, Taylor, Toulmin, 
 Townes. Watkins and Wright— 22. 
 
 Mr. Moore moved to strikeout the 17th section of the 4th 
 article; And the question being taken thereon, it was decided 
 in the negative. 
 
 Mr. Moore moved to strike out the word w native,** in tti* 
 5th section of the 4th article requiring the Governor to he a 
 native citizen of the United States. And tlx? question being 
 taken thereon, it was decided in the negative. 
 
 The yeas and nays being demanded by two members pre 
 sent, those who voted in the affirmative, arc Messrs. M'Goflin 
 Moore and Rogers— S. 
 
 Those who voted in the negative, are. Mr. President Messrs. 
 Armstrong, Bibb (of Limestone) Bibb (of Montgomery) John 
 Brown, Isaac Brown, Chambers, Clay, Conner, Cook,Crabb, 
 Ellis, G arrow, Hanby, Hitchcock, Hopkins, Hughes, Jack- 
 son, King, M*Vay, Metcalf. Minor, Phillips, Pickens (of 
 Monroe) Pickens (of Washington) Saffold, Sims, Taylor, 
 Terril, Thompson, Tindal, Townes, Vaughan* Watkins. 
 Wiggins, Wright and Williams— 33. 
 
 Mr. Bibb, (of Limestone) moved to amend the- 8th section 
 of the Schedule, by striking out (in the 1 0th line) the word 
 "three,*' and inserting the word "four," with a view of giving 
 Limestone county four representatives And the question be- 
 ing taken thereon, it was decided in the negative. 
 
 On motion ordered that the Constitution be now engrossed 
 for a third reading. 
 
 On motion of Mr. Clay Resolved, that a committee of three 
 members be appointed to superintend the engrossing of the 
 Constitution, whereupon Messrs. Clay, King and Hitchcock, 
 were appointed. 
 
 On motion of Mr. Saffold « Resolved," that the Secretary 
 be authorised to employ an additional clerk. 
 
 On motion of Mr. Taylor Resolved, that when this Conven- 
 tion adjourns, it will adjourn till llo'clork to-morrow morning, 
 On motion ordered tbat the Convention do now adjourn. 
 
 FKIDJi Y, Jvty SO, 1 8 1 9. 
 The Convention met pursuant to adjournment 
 
37 
 
 The Ordinance relative to the conditions contained m ttns 
 
 6th section of the act of Congress^ for the admission of this 
 Territory into the Union, waSread a third time and passed. 
 
 On motion, ordered that the said ordinance bo attached to 
 and be made a part of the Constitution. 
 
 The memorial to Congress, praying that all that part of 
 Florida winch lies west of the Apatachicola river may be an- 
 nexed to and form a part of the State of Alabama, provided 
 that the late Treaty between Spain and the United State?, re* 
 lative to the cession of the Floridas he ratified, was read a 
 a second time. And on motion ordered that the said memo- 
 rial he now taken as engrossed and read a third time by its 
 title which was done accordingly. The qucstioivwas then ta* 
 ken on its passage, and decided in the affirmative; 
 
 On motion of Mr Pickens (of Washington) Resolved, that 
 the said memorial be signed by the President and counter, 
 signed by the Secretary of this Convention, and transmitted 
 to the Congress- of the United States. 
 
 Mr. Bibb (of Montgomery) presented an ordinance estab- 
 lishing places of separate election which Was received an4 
 read the first time, and on motion the said ordinance was read 
 a second time by its title and ordered to be engrossed for a 
 third reading. 
 
 On motion, Resolved, thatwhe^ thin Convention adjourns 
 it will adjourn till 4 o'clock this evening. 
 
 On motion* ordered that the Convention do now adjourn. 
 
 4 o'clock P. M 
 
 The Convention met pursuant to adjournment. 
 
 On motion of Mr. Pickens (of Washington) the engrossed 
 Constitution was read a third time, and the question being ta- 
 ken on its passage, it was unanimously adopted. 
 
 On motion of Mr. Pickens (of Washington) ordered that the 
 Constitution be enrolled and that the same committee who su- 
 perintended the engrossing do superintend the enrolling thereof. 
 
 On motion ordered that the Convention do now adjourn. 
 
 SATURDAY, Juty SI, 1819, 
 The Convention met pursuant to adjournment 
 On motion of Mr. King Resolved, that an additional mem- 
 ber be appointed to supply the place of Mr. Clay (absent from 
 indisposition) to superintend the enrolling oftiie Constitution; 
 whereupon Mr. Taylor was appointed. 
 
 Mr. Aing then moved that the committee have permission 
 to attend to the enrolling during the session of the Conven- 
 tion 5 which was granted. 
 
38 
 
 On motiort of Mr Bibb (of Montgomery) the ordinance es- 
 tablishing separate places of ejection was t ead a third time 
 and passed. 
 
 On motion of Mr. B»bb of Montgomery, Resolved, that the 
 said ordinance be considered is enrolled; and that it be signed 
 hy the President and attested by the Secretary, 
 
 Mr. Pickens (of Washington) offered the following resolu- 
 tion : Resolved that the compensation duo to the members and 
 officers of tins Convention, as well as all other contingent ex- 
 pen ces of the Conventionale paid on the order of the President 
 out of any money in the Treasury. And the question being 
 taken thereon, it was decided ju tbe affirmative. 
 
 Mr. Pickens (of Washington) offered the following resolu- 
 tion, Resolved, that a copy of the Constitution he prepared un- 
 der the direction of the President and transmitted to the Con- 
 gress of the United States And tin* question being taken 
 thereon, it was decided in the affirmative. 
 
 Mr. Bibb ^of Montgomery) offered the following resolution. 
 Resolved, that forty-lour copies of the Constitution be printed 
 for the use of the members of this Convention, and that one 
 thousand copies he distributed by the Secretary of State a- 
 inong the several counties according to the temporary appor- 
 tionment of Representative*. And the question being taken 
 thereon, it passed in the affirmative 
 
 On motion, of Mr. Pickens (of Washington*) Resolved, that 
 ■when this Convention adjourns it will adjourn till 10 o'clock 
 on Monday next. 
 
 On motion, ordered that the Convention do now adjourn. 
 
 MOmUY, Mgust 2, 1819. 
 
 The Convention met pursuant to adjournment 
 
 Mr. Clay from the committee appointed to superintend the 
 enrolling of the Constitution, reported that the committee had 
 according to order performed that duty, and had dii*ected him 
 to report that the Constitution was duly enrolled. 
 
 On motion of Mr. Hitchcock, Resolved that the President 
 and members from the several counties, do now sign, and the 
 Secretary attest the same. 
 
 Whereupon it was signed and attested as follows : 
 
 J. W. Walker, President of the Convention, 
 and Representative frbm Madison County, 
 
 Madison Connty. — Clement C. Clay, John Leigh Towncs, 
 Henry Chambers, Lemuel Mead, Henry Minor, Gabriel 
 Moore John M. Taylor, 
 
39 
 
 Monroe County. — John Murphy, John Watkins, James Pick- 
 ens, Thomas W iggms. 
 
 Blount County — Isaac Brown, John Brown, Gabriel Hanby, 
 Mmettcne County — Thomas Bibb, Beverly Hughes, Nich- 
 olas Davis. 
 
 Shelby County — George Phillips, Thomas Ames Rogers, 
 Montgomery County— John Dandridge Bibb. James W. 
 Armstrong. 
 Baldwin County -—Harry Toulmin. 
 Mobile County — S. H. Garrow. 
 Washington County — Israel Pickens, Henrj Hitchcock. 
 Tuscaloosa County — Marmaduke Williams, John L Tindal, 
 Lawrence County — Arthur F Hopkins, Daniel Wright, 
 Franklin County — William Metcalf, Richard Ellis, 
 Cotaco County — Thomas D. Oabb, Melkijah Vaughan. 
 Clarke County — Reuben Saffold, James Magoffin, 
 Caliawba County. — Littiepage Sims. 
 Conecuh County Samuel Cook, 
 Dallas County — William R King. 
 Marengo County — Washington Thompson. 
 Marion County— John D. Terrii. 
 Lauderdale County —Hugh .M'Yay. 
 St Cl&ir County — David Conner. 
 Jlutauga County. — James Jackson. 
 Attest, John Campbell, Secretary of the Convention. 
 
 On motion of Mr. King Resolved, that the Secretary of tho 
 Convention be instructed to deposit the enrolled Constitution 
 in the office of the Secretary of $tatc. 
 
 Mr Pickens (of Washington) offered the following resolu- 
 tion, Resolved, that the thanks ol this Convention be presented 
 to John W. Walker, President thereof, for the dignity, ability 
 and impartiality, with which he has discharged the arduous 
 duties of the chair. 
 
 And ttie question being taken thereon, by the Secretary, it 
 passed unanimously in the affirmative. 
 
 Mr. President then rose and delivered the following ad- 
 dress : 
 
 « Gentlemen! — I receive with lively sensibility this fresh 
 testimonial of your favour: while 1 have life, I shall never 
 cease to cherish a grateful recollection of the uniform kindness 
 and support of this enlightened Convention. It affords me 
 sincere gratification to tind that the manner in which I have 
 been enabled to discharge the duties of the chair, has been sat- 
 isfactory to yon 5 and for the polite and flattering terms in 
 
40 
 
 which you hare chosen to express your approbation, I tender 
 you the return of warm and cordial thanks. 
 
 The subject on which we were called to deli borate was of 
 the tot importance. Out labours are now ai an end. We 
 have given to the State of Alabama a Constitution —not in- 
 deed perfect — not precisely such as any one member of tlhis 
 body or perhaps of any individual of this community, would, 
 unassisted, have framed in his closet. Yet emphatically re- 
 publican and such as gives us a clear and indisputable title, 
 to admission into the great tamily of the Union. If it has 
 some faults, it has at the same time, many excellencies j and 
 for all its defects it carries -within itself the grand corrective 
 of amendment. The people can mould it as they please. It 
 proclaims the great first principles of liberty: It guards the 
 equal rights of all, and some new features of vital interest, 
 seem to prom ise the happiest resnlts, The offspring of mutual 
 concession and compromise, it occupies that middle ground on 
 which a majority was found to unite. In the main we have all 
 approved and signed it Let us hope that it wdl be also ap- 
 proved by the people of Alabama: and that under its auspi- 
 cious influence, they and their posterity, may long be free, 
 prosperous and happy. 
 
 Accept gentlemen for yourselves individually* my best wish- 
 es for your health, happiness and long continued usefulness." 
 
 On motion of Mr. Fickens of Washington) ordered that the 
 Convention do now adjourn sine die. 
 
 Whereupon it was adjourned by the President accordingly. 
 
 JOHN CAMPBELL, 
 
 Secretary of the CovDeMion* 
 
I 
 

 Alabama (Ter. ) 
 
 Convention, 
 
 
 1819 • 
 
 J ournal , , • 
 
 
 L76781 
 
 reprint 1909 
 
 
 DATE 
 
 ISSUED TO 
 
 
 
 
 J 
 
 
 
 L ?C It!