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The History and Debates of the Convention of the People of Alabama,
Begun and held in the City of Montgomery, on the Seventh Day of January, 1861
in which is Preserved the Speeches of the Secret Sessions,
and Many Valuable State Papers:

Electronic Edition.

Smith, William Russell, 1815-1896.


Funding from the Institute of Museum and Library Services
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First edition, 2000
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Academic Affairs Library, UNC-CH
University of North Carolina at Chapel Hill,
2000.

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(title page) The History and the Debates of the Convention of the People of Alabama, Begun and Held in the City of Montgomery, on the Seventh Day of January, 1861; In Which is Preserved the Speeches of the Secret Sessions, and Many Valuable State Papers.
William R. Smith
v, [1], xii, 9-464 p.
Montgomery; Tuscaloosa; Atlanta
White Pfister & Co.; D. Woodruff; Wood, Hanleiter, Rice & Co.
1861.
Call number 2845 Conf. (Rare Book Collection, University of North Carolina at Chapel Hill)


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THE
HISTORY AND DEBATES
OF THE
CONVENTION
OF
The People of Alabama,
Begun and held in the City of Montgomery, on the seventh
Day of January, 1861
IN WHICH IS Preserved the Speeches of the Secret Sessions,
AND MANY VALUABLE STATE PAPERS.

BY

WILLIAM R. SMITH,
ONE OF THE DELEGATES FROM TUSCALOOSA.

MONTGOMERY: WHITE, PFISTER & CO.
TUSCALOOSA: D. WOODRUFF.
ATLANTA: WOOD, HANLEITER, RICE & CO.
1861.


Page verso

Printed for the Author, by
WOOD, HANLEITER, RICE & CO.,
ATLANTA, GA.


Page iii

PREFACE.

        I deem myself happy in having attempted to collect the materials for this book. Of the Conventions of the people that have recently been held in the seceding States on the great question of dissolving the Union, there does not seem to have been any serious effort made, in any except Alabama, to preserve the Debates. It is, therefore, my agreeable fortune, not only to be able to set an example of diligence to the sister States, but to combine, in an authentic record for future ages, both the acts of the PATRIOTS of Alabama, and the fervent words by which they were mutually animated in the discharge of their great duties.

        The stirring times through which we have just passed, and the startling events which have distinguished the day, were all calculated to excite the intellectual energies to the most vigorous exertion; and whatever of eloquence or wisdom was in the possession of any citizen, may be fairly supposed to have been called into exercise. The destinies of a great Nation and the Liberties of the people were involved in the issues; and while the Past was to be measured by the statesman's Philosophy, it was as well the duty of Wisdom to lift the veil of the uncertain Future. Here was a field for the most sublime labor; and while I will not run the hazard of raising the expectation of the reader, by allowing him to


Page iv

look into this book for those magnificient outbursts of eloquence that dazzle, bewilder and persuade, yet I may safely promise a forensic treat, in a vast variety of speeches which breathe the genuine spirit of wisdom, animated by the liveliest touches of indignant patriotism.

        The reader may rely upon the perfect authenticity of the historical parts of the book, and upon the accuracy of the speeches as to the sentiments uttered and the positions assumed by the speakers on the points arising in debate; for almost every speech in the volume, of any considerable length or importance, has been submitted to the inspection or revision of the speaker; and where this has been impracticable, and the notes confused or uncertain, the speeches have been omitted entirely, as, I have been unwilling to assume the responsibility of publishing a sentiment in the name of another, on a great question, where the smallest doubt existed as to its accuracy.

        In the speeches reported from my own notes, I have endeavored to adhere as nearly as possible to the language of the speaker; but to preserve the idea and sense has been my paramount design. I have attempted but little ornament either in language or metaphor; so that I have no fears that every debater will recognize his own speech as genuine, both in sentiment and language, although condensed and abridged.

        Some portions of this volume will appear almost romantic. The scenes of the Eleventh of January, when the Convention was deliberating on the final passage of the Ordinance of Secession, were extremely touching. The MINORITY rose to the heights of moral sublimity as they surrendered their long cherished opinions for the sake of unity at home. The surrender was graceful and unrestrained: without humiliation on the one hand, or dominant hauteur on the other. The speeches on this occasion were uttered in husky tones, and


Page v

in the midst of emotions that could not be suppressed, and which, indeed, there was no effort to disguise. These and other scenes which appear in the Journal and Debates, will show the impartial enquirer, that every member of the Convention was deeply impressed with his responsibility. Solemnity prevailed in every phase of the proceedings. In the debates of six weeks, on the most exciting topics, but few unkind words were uttered. Forensic invective, so characteristic of legislative assemblies, was lost in devotion to the public good, and scarcely a jar of personal bitterness disturbed the harmony of the deliberations.

        While I claim nothing for myself, but due credit for the diligence and labor which I have employed in collecting and combining these materials, yet I feel proud in submitting this Book to the Public, for I am conscious of thus supplying a link in the History of Ages, and a chapter in the LIFE OF LIBERTY.


Page vi

EXPLANATION.

        It must be noticed that this book does not pretend to give the entire debates of the Convention. This could hardly be expected in a volume of this size, since a single day's debate, if given in full, would fill fifty--perhaps an hundred pages. My object has been to preserve the political features of the debates; and hence I have not attempted, as a general rule, to give the discussions on the ordinary subjects of legislation. Many of the ablest sppeches delivered in the Convention were upon the changes in the Constitution of the State, not touching the political necessities of the new condition of things. These speeches must be lost, however much they were worthy of preservation.

        The Appendix contains the REPORTS of the Commissioners appointed by Governor Moore to the slave-holding States. These Reports are able documents, and will explain themselves. Whatever the object of the appointment of these Commissioners may have been, the documents themselves become historical, and must live in the annals of the Revolution.


Page I

INDEX


Page 9

INTRODUCTION--HISTORICAL.

        ON the 24th day of February, 1860, the Alabama Legislature adopted the following Joint Resolutions, with great unanimity--there being but two dissenting voices:

        WHEREAS, anti-slavery agitation persistently continued in the non-slaveholding States of this Union, for more than a third of a century, marked at every stage of its progress by contempt for the obligations of law and the sanctity of compacts, evincing a deadly hostility to the rights and institutions of the Southern people, and a settled purpose to effect their overthrow even by the subversion of the Constitution, and at the hazard of violence and bloodshed; and whereas, a sectional party calling itself Republican, committed alike by its own acts and antecedents, and the public avowals and secret machinations of its leaders to the execution of these atrocious designs, has acquired the ascendency in nearly every Northern State, and hopes by success in the approaching Presidential election to seize the Government itself; and whereas, to permit such seizure by those whose unmistakable aim is to pervert its whole machinery to the destruction of a portion of its members would be an act of suicidal folly and madness, almost without a parallel in history; and whereas, the General Assembly of Alabama, representing a people loyally devoted to the Union of the Constitution, but scorning the Union which fanaticism would erect upon its ruins, deem it their solemn duty to provide in advance the means by which they may escape such peril and dishonor, and devise new securities for perpetuating the blessings of liberty to themselves and their posterity; therefore,

        The following Resolutions, adopted at the same session, will serve still further to show the spirit that animated the Legislature of Alabama:

        Joint Resolutions of the General Assembly of Alabama in response to the Resolutions of South Carolina.

        1st, Be it resolved, That the State of Alabama, fully concuring with the State of South Carolina, in affirming the right of any State


Page 11

to secede from the confederacy, whenever in her own judgment such a step is demanded by the honor, interests and safety of her people, is not unmindful of the fact that the assaults upon the institution of slavery, and upon the rights and equality of the Southern States, unceasingly continued with increasing violence and in new, and more alarming forms, may constrain her to a reluctant but early exercise of that invaluable right.

        2d, Be it further resolved, That in the absence of any preparation for a systematic co-operation of the Southern States, in resisting the aggressions of their enemies, Alabama, acting for herself, has solemnly declared that under no circumstances will she submit to the foul domination of a sectional Northern party, has provided for the call of a Convention in the event of the triumph of such a faction in the approaching Presidential election, and to maintain the position thus deliberately assumed, has appropriated the sum of $200,000 for the military contingencies which such a course may involve.

        3d, Be it further resolved, That the State of Alabama having endeavored to prepare for the exigencies of the future, has not deemed it necessary to propose a meeting of Deputies from the slave-holding States, but anxiously desiring their coöperation in a struggle which perils all they hold most dear, hereby pledges herself to a cordial participation in any and every effort, which in her judgment will protect the common safety, advance the common interest, and serve the common cause.

        4th, Be it further resolved, That should a Convention of Deputies from the slave-holding States assemble at any time before the meeting of the next General Assembly, for the purposes and under the authority indicated by the resolutions of the State of South Carolina, the Governor of this State be, and he is hereby authorized, to appoint one deputy from each Congressional District, and two from the State at large, to represent the State of Alabama in such Convention.

        Upon the election of Mr. Lincoln to the Presidency, the Governor, in pursuance of the foregoing Resolutions, called a Convention of the People of Alabama, to meet in the city of Montgomery, on the 7th day of January, 1861. The following CORRESPONDENCE is worthy of preservation as a part of the history of the times:


Page 12

LETTER FROM GOV. MOORE.

Montgomery, Nov. 12, 1860.

To his Excellency A. B. Moore:

        Sir--At a meeting of citizens of several counties of the State, held at this place on Saturday, the 10th inst., the undersigned were appointed a Committee to confer with your Excellency, and ascertain the construction put by you on the Joint Resolutions of our last Legislature, for the call of a Convention of the people of the State. What is desired from you are, your views as to the time when you are authorized to issue your Proclamation for the call of that Convention, whether upon the election of Electors by the people of the several States, or when those Electors cast their vote for President; and also, if it be consistent with your ideas of public duty, that you would inform us when that Proclamation will be issued, and upon what day you will order the election of Delegates to that Convention.

        These are questions of deep interest to the people of the State, and it is deemed of great moment that your views on those questions should be known, if you have come to a determination about them. Your answer, we hope, will be given at an early day, with permission for its publication.

Very respectfully,

J. A. ELMORE, Montgomery county.
J. D. PHELAN, Montgomery county.
E. W. PETTUS, Dallas county.
N. H. R. DAWSON, Dallas county.
J. B. CLARK, Greene county.
W. E. CLARKE, Marengo county.
D. W. BAINE, Lowndes county.
J. F. CLEMENTS, Lowndes county.
J. G. GILCHRIST, Lowndes county.
C. ROBINSON, Lowndes county.
E. D. KING, Perry county.
R. FRAZIER, Jackson county.
W. L. YANCEY, Montgomery county.
J. H. CLAYTON, Montgomery county.
G. B. DUVAL, Montgomery county.
T. J. JUDGE, Montgomery county.
G. GOLDTHWAITE, Montgomery county.
T. H. WATTS, Montgomery county.
S. F. RICE, Montgomery county.
T. LOMAX, Montgomery county.
M. A. BALDWIN, Montgomery county.


Page 13

Executive Department,
Montgomery, Nov. 14, 1860.

        GENTLEMEN: I have received your letter of the 12th inst., asking for my construction of "the Joint Resolutions of our last Legislature, for the call of the Convention of the people of the State." You particularly desire to know when I consider myself authorized to issue my Proclamation for the call of a Convention--"whether upon the election of Electors by the people of the several States, or when said Electors cast their votes for President." You also ask me to inform you, if consistent with my ideas of public duty, "when that Proclamation will be issued, and upon what day you [I] will order the election for the delegates to the Convention."

        I fully agree with you, that "these are questions of deep interest to the people of the State," and having, after mature deliberation, determined upon my course in regard to them, and not considering it inconsistent with my public duty to communicate that determination to you, with leave to publish it, I unhesitatingly do so.--The intense interest and feeling which pervade the public mind, make it not only proper, but my duty.

        After stating a long list of aggressions in the preamble to the Joint Resolutions referred to, the first resolution provides "that upon the happening of the contingency contemplated in the foregoing preamble, viz: the election of a President advocating the principles and action of the party in the Northern States, calling itself the Republican party, it shall be the duty of the Governor, and he is hereby required forthwith to issue his proclamation," &c.

        The Constitution of the United States points out the mode of electing a President, and directs that "each State shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in Congress." See Art. 2, §1.

        Art. 12, §1, of Amendments to the Constitution, provides that the Electors shall meet in their respective States, and vote by ballot for President and Vice President." Under these provisions of the Constitution, the people of the several States vote for electors and these electors vote for President. It is clear to my mind that a candidate for the Presidency cannot constitutionally be elected until a majority of the electors have cast their votes for him.

        My Proclamation will not, therefore, be issued until that vote is cast on the fifth day of December next. I regret that this delay must occur, as the circumstances which surround us make prompt and decided action necessary. There can be no doubt that a large


Page 14

majority of the electorial vote will be given to Mr. Lincoln, and in view of the certainty of his election, I have determined to issue my Proclamation immediately after that vote is cast. I shall appoint Monday, the 24th day of December next, for the election of delegates to the Convention. The Convention will meet on Monday, the 7th day of January next.

        The day for the election of delegates has been designated in advance of the issuance of the Proclamation in order that the minds of the people may at once be directed to the subject, and that the several counties may have ample time to select candidates to represent them. Each voter of the State should immediately consider the importance of the vote he is to cast. Constitutional rights, personal security, and the honor of the State are all involved. He must decide, on the 24th December, the great and vital question of submission to an Abolition Administration, or of secession from the Union. This will be a grave and momentous issue for the decision of the people. To decide it correctly, they should understand all the facts and circumstances of the case before them. It may not be improper or unprofitable for me to recite a few of them.

        Who is Mr. Lincoln, whose election is now beyond question? He is the head of a great sectional party calling itself Republican: a party whose leading object is the destruction of the institution of slavery as it exists in the slaveholding States. Their most distinguished leaders, in and out of Congress, have publicly and boldly proclaimed this to be their intention and unalterable determination. Their newspapers are filled with similar declarations. Are they in earnest? Let their past acts speak for them.

        Nearly every one of the non-slaveholding States have been for years under the control of the Black Republicans. A large majority of these States have nullified the fugitive slave law, and have successfully resisted its execution. They have enacted penal statutes, punishing, by fine and imprisonment in the penitentiary, persons who may pursue and arrest fugitive slaves in said State. They have by law, under heavy penalties, prohibited any person from aiding the owner to arrest his fugitive slave, and have denied us the use of their prisons to secure our slaves until they can be removed from the State. They have robbed the South of slaves worth millions of dollars, and have rendered utterly ineffectual the only law passed by Congress to protect this species of property. They have invaded the State of Virginia, armed her slaves with deadly weapons, murdered her citizens, and seized the United States Armory at Harper's Ferry. They have sent emissaries into the State of Texas, who burned many towns,


Page 15

and furnished the slaves with deadly poison for the purpose of destroying their owners.

        All these things have been effected, either by the unconstitutional legislation of free States, or by combinations of individuals. These facts prove that they are not only in earnest and intent upon accomplishing their wicked purposes, but have done all that local legislation and individual efforts could effect.

        Knowing that their efforts could only be partially successful without the aid of the Federal Government, they for years have struggled to get control of the Legislative and Executive Departments thereof. They have now succeeded, by large majorities, in all the non-slaveholding States except New Jersey, and perhaps California and Oregon, in electing Mr. Lincoln, who is pledged to carry out the principles of the party that elected him. The course of events show clearly that this party will, in a short time have a majority in both branches of Congress. It will then be in their power to change the complexion of the Supreme Court so as to make it harmonize with Congress and the President. When that party get possession of all the Departments of Government, with the purse and the sword, he must be blind indeed who does not see that slavery will be abolished in the District of Columbia, in the dock-yards and arsenals, and wherever the Federal Government has jurisdiction.

        It will be excluded from the Territories, and other free States will in hot haste be admitted into the Union, until they have a majority to alter the Constitution. Then slavery will be abolished by law in the States, and the "irrepressible conflict" will end; for we are notified that it shall never cease, until "the foot of the slave shall cease to tread the soil of the United States." The state of society that must exist in the Southern States, with four millions of free negroes and their increase, turned loose upon them, I will not discuss--it is too horrible to contemplate.

        I have only noticed such of the acts of the Republican party as I deem necessary to show that they are in earnest, and determined to carry out their publicly avowed intentions--and to show that their success has been such as should not fail to create the deepest concern for the honor and safety of the Southern States.--Now, in view of the past and our prospects for the future, what ought we to do? What do wisdom and prudence dictate?--What do honor and safety require at our hands?

        I know that the answer that I shall give to these questions may subject me to severe criticism by those who do not view these matters as I do; but feeling conscious of the corrrectness of my conclusions, and the purity of my motives, I will not shrink from


Page 16

responsibilities in the emergency which presents itself. It would be criminal "in those entrusted with State sovereignty" not to speak out and warn the people of the encroachments that have been made, and are about to be made upon them, with the consequences that must follow.

        In full view, and, I trust, a just appreciation of all my obligations and responsibilities, officially and personally, to my God, my State, and the Federal Government, I solemnly declare it to be my opinion, that the only hope of future security, for Alabama and the other slaveholding States, is secession from the Union.--I deplore the necessity for coming to such a conclusion. It has been forced upon me, and those who agree with me, by a wicked and perverse party, fatally bent upon the destruction of an institution vital to the Southern States--a party whose constitutional rights we have never disturbed, and who should be our friends; yet they hate us without a cause.

        Should Alabama secede from the Union, as I think she ought, the responsibility, in the eyes of all just men, will not rest upon her, but upon those who have driven her in self-defence, to assume that position.

        Has Alabama the right peacefully to withdraw from the Union, without subjecting herself to any rightful authority of the Federal Government to coerce her into the Union? Of her right to do so, I have no doubt. She is a Sovereign State, and retains every right and power not delegated to the Federal Government in the written Constitution. That Government has no powers, except such as are delegated in the Constitution, or such as are necessary to carry these powers into execution. The Federal Government was established for the protection, and not for destruction or injury of Constitutional rights. A Sovereign State has a right to judge of the wrongs or injuries that may be done her, and to determine upon the mode and measures of redress. The Black Republican party has for years continued to make aggressions upon the slaveholding States, under the forms of law, and in every manner that fanaticism could devise, and have now gained strength and position, which threaten, not only the destruction of the institution of slavery, but must degrade and ruin the slaveholding States, if not resisted. May not these States turn aside from the impending danger, without criminality? If they have not this right, then we are the slaves of our worst enemies. "The wise man foreseeth the evil and turneth aside." A wise State should not do less.

        If Alabama should withdraw from the Union, she would not be guilty of treason, even if a Sovereign State could commit treason.


Page 17

The Constitution says: "Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort." The Federal Government has the right to use its military power "to execute the laws of the Union, surpress insurrections, and repel invasions." If a State withdraws from the Union, the Federal Government has no power, under the Constitution, to use the military force against her, for there is no law to enforce the submission of a sovereign State, nor would such a withdrawal be either an insurrection or an invasion. We should remember that Alabama must act and decide the great question of resistance or submission, for herself. No other State has the right or power to decide for her. She may, and should, consult with the other slaveholding States to secure concert of action, but still, she must decide the question for herself, and coöperate afterwards.

        The contemplated Convention will not be the place for the timid or the rash. It should be composed of men of wisdom and experience--men who have the capacity to determine what the honor of the State and the security of her people demand; and patriotism and moral courage sufficient to carry out the dictates of their honest judgments.

        What will the intelligent and patriotic people of Alabama do in the impending crisis? Judging of the future by the past, I believe they will prove themselves equal to the present, or any future emergency, and never will consent to affiliate with, or submit to be governed by a party who entertains the most deadly hostility towards them and their institution of slavery. They are loyal and true to the Union, but never will consent to remain degraded members of it.

Very respectfully, your obd't serv't,

A. B. MOORE.

        The following is a copy of the Proclamation issued by the Governor:

PROCLAMATION.

EXECUTIVE DEPARTMENT,
Montgomery, Ala., Dec. 6, 1861.

        WHEREAS, the following Joint Resolutions were passed at the last session of the General Assembly of the State of Alabama, to-wit:

        [Reciting the Resolutions on page 9.]

        Now, I, A. B. MOORE, Governor of the State of Alabama, by virtue of the power vested in me by the foregoing resolutions, and


Page 18

in obedience thereto, do hereby proclaim and make known to the people of Alabama, that the contingency contemplated in said Preamble and Resolutions has happened in the election of Abraham Lincoln to the Presidency of the United States. The qualified voters of the several counties of the State are, therefore, hereby called upon to assemble at the several places of voting in their respective counties, on Monday, the 24th December, 1860, to elect delegates to a Convention of the State of Alabama, to be held at the capitol in the city of Montgomery, on Monday, the 7th day of January next, to "consider determine and do whatever, in the opinion of said Convention, the rights, interests and honor of the State of Alabama require to be done for their protection."

        In testimony whereof, I have hereunto set my hand and caused [L. S.] the Great Seal of the State to be affixed in the city of Montgomery, this 6th day of December, A. D. 1860.

        By the Governor,

A. B. MOORE.
J. H. WEAVER, Secretary of State.


Page 19

HISTORY AND DEBATES OF THE CONVENTION.

FIRST DAY.

        ON the 7th January, 1861, the Convention assembled in the city of Montgomery, in the Hall of the House of Representatives of the State Capitol. It is a remarkable fact, that, of the one hundred Delegates of which the Convention was constituted, not one was absent. This was owing, doubtless, to the great anxiety, on the part of the Delegates, to participate in the earliest proceedings; and also, I apprehend, to the doubt that existed, previous to the organization, as to whether the straight-Secession party or the Coöperation party was in the majority. On the Sunday night before the Convention met, each party seriously claimed the ascendancy; but before the hour for organizing the Convention, it was conceded that the Secession party was the stronger.

        Great precaution had been taken in advance, to secure an harmonious organization; and for this purpose it had been agreed, at first, that one member of each party, to be designated before the meeting, should approach the desk, call the Convention to order and nominate a temporary President; but the Coöperation party, convinced, by having accurately measured their strength, that they were in a minority, deemed it proper to yield the organization of the Convention to the majority; of which fact the latter were duly advised.

        On motion of the Hon. H. G. Humphries, the Hon. William S. Phillips, of Dallas, was called to the Chair, as temporary President; and A. G. Horn, of Mobile, and S. D. Brewer, of Montgomery, were appointed temporary Secretaries.


Page 20

        MR. YANCEY offered the following Resolutions, which were unanimously adopted:

        Resolved, 1st. That the proceeding of the Convention be opened with prayer, and that the Rev. Dr. Manly be invited to perform this service to-day.

        Resolved, 2d. That the President of the Convention be requested to invite some Clergyman to open the Convention with prayer each successive day of the session.

        The Convention was then opened with prayer by Rev. Basil Manly, formerly President of the University of Alabama.

PRAYER.

        Almighty Father, Maker of Heaven and Earth; King eternal, immortal, invisible; the only wise God! We adore Thee, for Thou art God, and besides Thee there is none else; our Fathers' God, and our God! We thank Thee that Thou hast made us men, endowed with reason, conscience and speech--capable of knowing, loving and serving Thee! We thank Thee for Thy Son, the Lord Jesus Christ, our only Mediator and Redeemer! We thank Thee for Thy word of truth, our guide to eternal life. We thank Thee for civil government, ruling in Thy fear; and we especially thank Thee that Thou didst reserve this fair portion of the earth so long undiscovered, unpolluted with the wars and the crimes of the old world--that Thou mightest here establish a free government and a pure religion. We thank Thee that Thou hast allotted us our heritage here, and hast brought us upon it at such a time as this. We thank Thee for all the hallowed memories connected with the establishment of the independence of the Colonies, and their sovereignty as States, and with the formation and maintenance of our government, which we had devoutly hoped might last, unperverted and incorruptible, as long as the sun and moon endure.

        Oh, our Father! we have striven as an integral part of this great Republic, faithfully to keep our solemn covenants in the Constitution of our country; and our conscience doth not accuse us of having failed to sustain our part in the civil compact. Lord of all the families of the earth! we appeal to THEE to protect us in the land Thou hast given us, the Institutions Thou hast established, the rights Thou hast bestowed! And now, in our troubles, besetting us like great waters round about, WE, Thy dependent children, humbly entreat Thy fatherly notice and care. Grant to Thy servants now assembled, as the direct representatives of the people of this State, all needful grace and wisdom for their peculiar and great responsibilities at this momentous crisis! Give


Page 21

them a clear perception of their duties, as the embodiment of the people; impart to them an enlightened, mature and sanctified judgment in forming every conclusion; a steady, Heaven-directed purpose and will in attaining every right end! Save them from the disturbing influences of error, of passion, prejudice and timidity--from divided and conflicting counsels; give them one mind and one way, and let that be the mind of Christ! If Thou seest them ready to go wrong, interpose Thy heavenly guidance and restraint; if slow and reluctant to execute what duty and safety require, quicken and urge them forward! Let patient enquiry and candor pervade every discussion; let calm, comprehensive and sober wisdom shape every measure, and direct every vote; let all things be done in Thy fear, and with a just regard to their whole duty toward God and toward man! Preserve them all in health, in purity, in peace; and cause that their session may promote the maintenance of equal rights, of civil freedom and good government; may promote the welfare of man, and the glory of Thy name! We ask all through Jesus Christ, our Lord: Amen!

        The Convention consisted of one hundred Delegates, each of whom being present, approached the Clerk's desk, as his county was called, and enrolled his name.

NAMES OF THE DELEGATES AS ENROLLED.

        From the county of

        Autauga--George Rives.

        Barbour--John Cochran, Alpheus Baker, J. S. M. Daniel.

        Baldwin--Jos. Silver.

        Bibb--James W. Crawford.

        Blount--John S. Brasher, W. M. Edwards.

        Butler--Samuel J. Bolling, John McPherson.

        Calhoun--Daniel T. Ryan, John M. Crook, G. C. Whatley.

        Chambers--J. F. Dowdell, Wm. H. Barnes.

        Cherokee--Henry C. Sanford, Wm. L. Whitlock, John Potter, John P. Ralls.

        Choctaw--S. E. Catterlin, A. J. Curtis.

        Clark--O. S. Jewett.

        Coffee--G. T. Yelverton.

        Conechu--John Green.

        Coosa--George Taylor, John B. Leonard, Albert Crumpler.

        Covington--Dewitt C. Davis.

        Dallas--John T. Morgan, Wm. S. Phillips.

        Dale--D. B. Creech, James McKinnie.

        DeKalb--Wm. O. Winston, John Franklin.


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        Fayette--B. W. Wilson, E. P. Jones.

        Franklin--John A. Steele, R. S. Watkins.

        Greene--James D. Webb, Thos. H. Herndon.

        Henry--Hastings E. Owens, Thomas T. Smith.

        Jackson--John R. Coffey, Wm. A. Hood, John P. Timberlake.

        Jefferson--Wm. S. Earnest.

        Lauderdale--S. C. Posey, H. C. Jones.

        Laurence--D. P. Lewis, James S. Clarke.

        Limestone--J. P. Coman, Thos. J. McClellan.

        Loundes--James S. Williamson, Jas. G. Gilchrist.

        Macon--Samuel Henderson, O. R. Blue, J. M. Foster.

        Madison--Nich. Davis, Jere. Clemens.

        Marshall--A. C. Beard, James L. Sheffield.

        Marengo--W. E. Clarke.

        Marion--Lang. C. Allen, W. Steadham.

        Mobile--John Bragg, George A. Ketchum, E. S. Dargan, H. G. Humphries.

        Monroe--Lyman Gibbons.

        Montgomery--Wm. L. Yancey, Thos. H. Watts.

        Morgan--Jonathan Ford.

        Perry--Wm. M. Brooks, J. F. Baily.

        Pickens--Lewis M. Stone, W. H. Davis.

        Pike--Eli W. Starke, Jeremiah A. Henderson, A. P. Love.

        Randolph--H. M. Gay, George Forrester, R. J. Wood.

        Russell--R. O. Howard, B. H. Baker.

        Shelby--Geo. D. Shortridge, J. M. McClanahan.

        St. Clair--John W. Inzer.

        Sumpter--A. A. Coleman.

        Talladega--N. D. Johnson, A. R. Barclay, M. G. Slaughter.

        Tallapoosa--A. Kimball, M. J. Bulger, T. J. Russell.

        Tuscaloosa--R. Jemison, Jr., W. R. Smith.

        Walker--Robert Guttery.

        Washington--James G. Hawkins.

        Wilcox--F. R. Beck.

        Winston--C. C. Sheets.

        As the Delegates from the county of Montgomery, Hon. Wm. L. Yancey and Hon. T. H. Watts, approached the desk to enroll their names, there were some demonstrations of applause in the gallery; whereupon Mr. Morgan offered the following Resolution:

        That the members of this Convention will abstain from applause on all occasions; and that all demonstrations of applause in the galleries or lobby shall be strictly prohibited.


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        MR. MORGAN said:

        Mr. President--I sympathise fully with the sentiment that impels the Delegates on this floor, and the people in the galleries, to indulge in demonstrations of applause, but I deprecate the effect of this excitement upon our deliberations. I have respect for the occasion, and I feel assured that the best way to evince my feeling is by a dignified and respectful course of discussion and deliberation. I have respect for the Convention and desire to see it respected by others. If every speaker on this floor is to be openly and loudly applauded or condemned, as his opinions may meet with popular favor or rebuke, we shall have much to regret before we close our labors here.

        I take this early opportunity to offer a resolution on this subject and to strike at the evil when it first begins to display itself in a compliment to our most distinguished friends, who have just enrolled their names.

        The Convention then proceeded to the election of a permanent President. Mr. Beck nominated Wm. M. Brooks, of Perry;-- Mr. Davis, of Madison, nominated Robert Jemison, Jr., of Tuscaloosa.

        In casting up the vote, it appeared that Mr. Brooks had received 53 votes; Mr. Jemison, 45. This was the entire vote, and was a test of the relative strength of parties--there being, including Mr. Brooks, fifty-four who favored immediate secession, and forty-six, including Mr. Jemison, who were in favor of consulting and cooperating with the other slave-holding States.

        Mr. Brooks was declared duly elected; and Messrs. Bragg Winston and Humphries were appointed to wait upon him, by whom he was conducted to the Chair. He delivered an appropriate address, and assumed the duties of his office.

        Wm. H. Fowler, of Tuscaloosa, was elected Secretary; Frank. L. Smith, of Montgomery, was elected assistant Secretary; and Robert H. Wynn was elected Door-keeper.

        The President laid before the Convention the credentials* of

        * Credentials of the Commissioner from South Carolina.

        THE STATE OF SOUTH CAROLINA:

        WHEREAS, Andrew P. Calhoun has been duly elected by a vote of the Convention of the people of the State of South Carolina, to act as a Commissioner to the Convention of the people of the State of Alabama, and the said people of the State of South Carolina, has ordered the Governor of said State to commission the said Andrew P. Calhoun. Now, therefore, I do hereby commission you, the said Andrew P. Calhoun, to act as a Commissioner from the State of South Carolina, in Convention assembled, to the State of Alabama, in Convention assembled, to confer upon the subjects entrusted to your charge.

        Wittness, His Excellency, Francis W. Pickens, Governor and Commander-in-Chief of said State, this first day of January, in the year of our Lord, One Thousand Eight Hundred and Sixty-one, and the Eighty-fifth year of the Sovereignty and Independence of the State of South Carolina.

        [Seal of State.]

        JAMES A. DUFFAS,
Deputy Secretary State

        By the Governor.



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the Hon. Andrew P. Calhoun, as a Commissioner from the State of South Carolina. On motion of Mr. Yancey, it was

        Resolved, That a Committee of three be appointed to wait upon the Hon. Andrew P. Calhoun, Commissioner from the State of South Carolina, and request him to address the Convention at such time as he may designate, and that he be invited to take a seat within the bar of the Convention.

        Messrs. Yancey, Webb and Davis, of Madison, were appointed.

        On motion by MR. COCHRAN, it was

        Resolved, That the Governor of the State be requested to communicate to this Convention any information he may have respecting the condition of the country.

RESOLUTION OF RESISTANCE.

        The first debate in the Convention arose upon the following Resolutions, offered by MR. WHATLEY:

        WHEREAS, the only bond of union between the several States is the Constitution of the United States; and WHEREAS, that Constitution has been violated, both by the Government of the United States, and by a majority of the Northern States, in their separate legislative action, denying to the people of the Southern States their Constitutional rights;

        And WHEREAS, a sectional party, known as the Black Republican Party, has, in the recent election, elected Abraham Lincoln to the office of President, and Hannibal Hamlin to the office of Vice-President of these United States, upon the avowed principle that the Constitution of the United States does not recognise properly


Page 25

in slaves and that the Government should prevent its extension into the common Territories of the United States, and that the power of the Government should be so exercised that slavery, in time, should be exterminated:

        Therefore, be it Resolved, by the people of Alabama, in solemn Convention assembled, That these acts and designs constitute such a violation of the compact, between the several States, as absolves the people of Alabama from all obligation to continue to support a Government of the United States, to be administered upon such principles, and that the people of Alabama will not submit to be parties to the inauguration and administration of Abraham Lincoln as President, and Hannibal. Hamlin as Vice President of the United States of America.

        On submitting the Resolutions, MR. WHATLEY said:

        Mr. President--I offer these Resolutions for the purpose, in the outset, to ascertain the sense of this body upon the question of submission or resistance to Lincoln's Administration. It is known that there are different opinions entertained by members of this Convention; many have been elected as straight-out secessionists, others as coöperationists, and among the coöperationists there is a diversity of opinion. Some are for coöperating with the entire South, others for a coöperation with the Cotton States, and likely some are willing to cöoperate with a majority of the Cotton States. It is said, there are some in this body who are for absolute submission; I trust though, these suspicions are not true, and that we shall present an undivided front, in antagonism to the Black Republican administration. In the language of the Joint Resolutions, of the last session of our Legislature, let us assert that, "Alabama, acting for herself, has solemnly declared that, under no circumstances will she submit to the foul domination of a sectional Northern party." I desire, therefore, to ascertain, definitely, the sense of this body upon the question of submission or resistance. If we shall determine for resistance, as no doubt we will, then the next step will be, what kind of resistance shall we offer?

        MR. SMITH, of Tuscaloosa:

        Mr. President--I do not object, so much to the resolutions themselves, as to the reasons assigned by the gentleman, [Mr. Whatley,] for their introduction. It is proclaimed that this is intended as a test; the test as to submission! The intimation is ungenerous. It is inconsistent with the desires of harmony and conciliation


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that have been openly expressed here by all parties. It is an injudicious beginning of our deliberations. It is true, that it has been ascertained by the elections which have just been had here, that we are a minority. I am of that minority; but I do not associate with submissionists! There is not one in our company. We scorn the prospective Black Republican rule as much as the gentleman from Calhoun, [Mr. Whatley,] or any of his friends.

        There is, in the gentleman's speech, besides the undisguised expression of suspicion, the appearance of a desire to stir up enemies, instead of a desire to harmonize friends. If this is the harmony you preach and practice, you will have nothing in this Convention but the most unpleasant scenes of stubborn, sullen, and unyielding antagonism. All good men should deprecate that.

        The leading sentiments of the resolutions I endorse. I am perfectly willing to express a determination to resist a Black Republican Administration; but I may not choose to vote for this long string of resolutions. Present a naked question of resistance to Black Republican rule, and you will doubtless receive a unanimous vote in favor of it. But do not so interlard it with generalities and political abstractions that we shall be forced to reject the good on account of its too close association with the evil. I object particularly to make an intimation that I would oppose by force the inauguration of Lincoln. I would not have anything to do with that in any way. I deprecate the idea of intimating to the people, even remotely, that the laws ought not to be respected.

        If gentlemen are earnest in their wishes to procure here, and at this time, an emphatic expression of resistance, I have no doubt that the resolutions can be so amended as to meet the cordial support of all of us.

        I am not willing to say, as does this resolution, that the separate action of any State has absolved Alabama from all obligation to continue to support the Government of the United States. A State may violate the Constitution and still the General Government may not be at fault.

        Let the resolutions be amended--stripped of their verbiage, so as to present the single question of resistance, placed in its true position, and I will support them.

        MR. POSEY said:

        He opposed the resolutions, because the first recital in the preamble places resistance to Mr. Lincoln's Administration upon the aggressions of the Federal Government, as well as those of


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the Northern States. The last charge is true; the first is not true. There have been no aggressions on the part of the Federal Government; there has been an omission, it may be, in some instances, to execute the Fugitive Slave law, which we well know proceeded from the hatred of Northern Abolitionists to that law. The aggressions of which we have just cause to complain, have been made by the people in some of the Northern States, and by the Personal Liberty Bills of thirteen of these States. They have violated the Constitution of the United States, in these unconstitutional enactments.

        Mr. Posey admitted the South could not submit to the princi ples presented in the Chicago Platform. Resistance to the issues made up in that Platform was forced upon the people of this State. They had no other alternative placed before them in the Chicago Creed, but exclusion from the Territories of the United States, with the ultimate extinction of slavery as the consequence of such exclusion and injustice, or resistance to any administration of the Government upon such principles.

        These resolutions indicate, clearly, one mode of resistance only. This is not expressed, but the fair construction is, that separate State secession is the kind of resistance pledged by these resolutions; when it is well known that the coöperationists in this Convention have declared their opposition to the principles of the Black Republican party, and their determination to resist a Government administered upon their policy; but their plan of resistance is not by separate State action. We intend to resist. It is not our purpose to submit to the doctrines asserted at Chicago; but our resistance is based upon consultation, and in unity of action, with the other slave States.

        If we vote for these resolutions, in their present shape, we shall have committed ourselves to separate State action, to which the cooperationists in this body stand opposed, for the reason, we greatly prefer another mode of resistance, considered by us to be safer for the country, and not less effectual in asserting and maintaining all our just rights.

        MR. YANCEY said:

        Mr. President--I favor the passage of these resolutions. That they are a test--ascertaining whether there are any submissionists or not in this body, is no objection to them in my mind. It is said they are offensive because it is a test. They ought not to be offensive, in my opinion, to any Delegate who is not in favor of submitting to Lincoln's Administration. That there are such


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here, I am unwilling to believe, and I desire that the world shall know there are none such, if such is the fact; while at the same time, if there are any, I desire to know it, and the Convention should know it.

        It has been said that this resolution will create discord amongst us--and is not conciliatory. It can only justly be so considered by those opposed to all resistance to the Black Republican power. I, for one, have no desire to conciliate persons occupying such position. I wish here, and elsewhere, to antagonise them.

        The resolutions are designed, in my apprehension, to lay a basis for our future action. If we are, as I hope we shall be, united in favor of these resolutions, there can be but little difficulty in our taking some action, which will be agreeable to us all. If, however, there shall be any here opposed to these resolutions, we cannot have united action.

        It will be observed, that the resolutions are carefully worded and framed. They do not designate the mode of resistance.--They offend no man's opinion upon the question of secession or revolution. They do not discriminate in favor of separate, or of coöperative State action. They simply discriminate between those who are willing to continue the Union upon the principles of the Black Republican party, and those who are willing to resist them, and to dissolve the Union rather than see the Government administered upon those principles.

        With all who can vote for these resolutions, I can confer, and hope to come to a common conclusion. With those who shall vote against them, I have neither feeling or principle in common.

        MR. CLEMENS said:

        Mr. President--I object to this resolution, not so much on account of its terms, as on account of the avowed motives which prompted its introduction. The gentleman from Calhoun tells us that he desired to ascertain whether there is any one here who is willing to submit to a Black Republican Administration, and he proposes this resolution as a test. Now, sir, the proposition to make a test on such a subject, necessarily implies suspicion, and suspicion is always more or less offensive. If, therefore, the gentleman is a correct exponent of the wishes and feelings of the majority--if that is the temper in which we of the minority are to be met, I give them warning that our session is likely to be a stormy one. We may be persuaded to go a long ways. We cannot be driven an inch in any direction, and the attempt to do it will not only result in failure, but must produce a state of things whose consequences I will not picture.


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        I came here, Mr. President, rightly appreciating, as I think, the difficulties before us, and prepared to do all that ought to be done to promote harmony among our own people. I see very plainly that a time is coming when our very existence as an independent people will materially depend upon a cordial union among ourselves. I am no believer in peaceable secession. I know it to be impossible. No liquid but blood has ever filled the baptismal fount of nations. The rule is without an exception, and he has read the book of human nature to little purpose who expects to see a nation born except in convulsions, or christened at any alter but that of the God of battles. So thinking, and so believing, I have felt that it was the duty of a patriot to conciliate--not to influence; to keep constantly before his eyes the one great duty of reconciling conficting opinions, and smoothing away existing asperities. Such, I am sure, is the general feeling of my party friends. But we are men, with all the frailties of men, and the avowal of insulting suspicions--the introduction of test resolutions, and similar aggravating annoyances, will be certain to end in scenes alike discreditable to this body, and injurious to the best interests of the State.

        I do not acknowledge that the gentleman from Calhoun is prepared to go any farther than I am, in resistance to Black Republican domination. There is no danger to be incurred in such a cause, so great that I will shrink from sharing it with him. There is no extremity of resistance he can propose, in which I will not join him, provided it promises to be effectual; but I do not concede his right, or the right of any man, to make a test for me.--No man shall make it; and if his purpose be to ascertain the real sense of this Convention, upon the subject-matter of his resolution, I tell him that he has adopted the wrong course, and his effort will end in failure. For one, I shall take the responsibility of voting NO. My belief is, that there are forty-five others who will do the same thing, and what then becomes of his test? He would be very unwilling, I imagine, to let the impression go abroad that there are forty-six members of this Convention in favor of submitting to the rule of a Black Republican President, elected upon a Black Republican platform; and yet, sir, I see nothing more that he is likely to accomplish.

        I shall make no proposition to amend. I shall not seek to evade a direct vote by any parliamentary expedient. I am ready to record my name upon the resolution as it stands. I shall vote NO, and leave the consequences to take care of themselves.

        MR. WILLIAMSON said:

        The resolutions under consideration are eliciting more discussion


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than I expected, since all, so far as I am informed, are agreed that Alabama cannot, and will not, submit to the Administration of Lincoln and Hamlin. The resolutions affirm nothing more. If there are any here who think otherwise, let them come out like men and say so. This would make an issue, and relieve them from the disagreeable task of resorting to parliamentary subterfuges, for the purpose of escaping discussion, and avoiding a direct vote on the main question. When I first heard the resolutions read from the Secretary's desk, I flattered myself they would be unanimously adopted without debate. I still flatter myself that the objections are to the verbiage and not to the question involved. If so, I hope gentlemen will at once point out the word or words. If opposed to the resolutions, let them state the grounds of their objections, and offer amendments indicating the desired change. I deem it important to adopt the resolutions forthwith; consequently am prepared to accommodate gentlemen by voting for any amendment not incompatible with the meaning and spirit of the resolutions, as they now stand.

        MR. WHATLEY said:

        Mr. President--Gentlemen of this body have misapprehended my object in offering the resolutions at this early day of our session. The resolutions are not offered to throw a fire-brand into the deliberations of this body. I imagine, gentlemen representing the sovereign people of Alabama, are ready, even now, to take position upon this subject. We are misrepresented at home and abroad. We are represented North as submissionists. Even in this city, different public prints represent us in different ways, and particularly in the Northern portion of our own State are our positions misrepresented. I desire, sir, that these misrepresentations may be speedily corrected, and that even during this day the telegraphic wires may transmit the glad intelligence abroad, that Alabama will never submit to a Black Republican Administration.

        This discussion was continued, with much animation, a considerable time, and the resolution was so amended as to satisfy all parties, and was passed unanimously, in the following shape:

        Resolved, By the people of Alabama, in Convention assembled' That the State of Alabama cannot, and will not, submit to the Administration of Lincoln and Hamlin as President and Vice President of the United States, upon the principles referred to in the preamble.


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SECOND DAY.

        January 8th.--Mr. YANCEY, from the Committee to wait on the Hon. Andrew P. Calhoun, Commissioner from South Carolina, reported that the Committee had performed that duty, and that Mr. Calhoun was ready to address the Convention at such time as it should desire.

        On motion by Mr. Jones, of Lauderdale, it was

        Resolved, That the Hon. A. P. Calhoun, Commissioner from South Carolina to the State of Alabama, be requested to address the Convention at this time, and make such communications as he may desire.

        Mr. Calhoun was then introduced, and addressed the Convention, in substance, as follows:

MR. PRESIDENT AND GENTLEMEN OF THE CONVENTION:

        It is one of the most agreeable incidents of my life that the Convention of the people of South Carolina--my native State--should have elected me a Commissioner to the State of Alabama, for many years my adopted one. South Corolina could doubtless have sent an abler son to represent her, but she could not have sent one whose heart was filled with more kindness and attachment, or one who would extend the hand of fellowship with greater sincerity or regard. It was during the many years I sojourned among you, I learnt how to appreciate the intelligence and energy of your citizens, and how properly to estimate the vast and varied resources of your State: a State second to but one as a cotton producer; to none in mineral wealth, especially in coal and iron; so potent to the world, either in the mission of peace or war: a State that instructed her Governor to call a Convention in the event of the election of a Black Republican for the presumed purpose of meeting the great issue: To such a State, South Carolina would willingly have assigned the position of leadership in the great drama of events that are pressing to a rapid solution. But by a combination of accidental causes, the initiation of the contest devolved upon South Carolina. The Governor of South Carolina called an extra session of the Legislature to elect Electors to cast the Presidential vote of that State. Continuing in session for a few days, the election of a Black Republican or sectional candidate, was declared; and feeling that submission would be both degredation and annihilation, she called a Convention forthwith of the people to assemble on the 17th of December. At once the State


Page 32

up. It was an up-heaving of the people. No leader or leaders could have resisted it, or stemmed its impetuosity. The wave of public opinion swept over the lower, the middle, and leaped into the recess of the mountain districts. The result was, the Convention assembled with unprecedented unanimity. Some time was lost in consequence of a loathsome epidemic raging in Columbia, that forced the Convention to adjourn to Charleston. On the 19th a cheering voice from Alabama was heard. Your esteemed Commissioner,*

        *Hon. John A. Elmore, of Montgomery, Commissioner from Alabama to South Carolina.


who so ably represented your State, and was so acceptable to the one to which he was accredited, presented a telegram from your patriotic and popular Governor, that carried an electric thrill through every heart--"tell the Convention to listen to no proposition of compromise or delay." The next day, the 20th, came the Ordinance annulling the compact which South Carolina had entered into in 1788 with twelve other sovereign States, and resuming all delegated power, she became a free, sovereign, and independent commonwealth. At this point, the accumulated aggressions of the third of a century fell like shackles at her feet, and free, disinthralled, regenerated, she stood before her devoted people like the genius of Liberty, beckoning them on to the performance of their duty.

        The argument closes here so far as Federal aggressions in South Carolina are concerned. But may we not pause in reverence and admiration before the vast monument built up by Southern genius and eloquence, in defending and warning a pursecuted section of the measured approach of despotism, and that, too, in the face of the frowns and blandishments of power; and there were some who, braving the imprecations of the enemy, and the importunities of friends, persisted in performing their sacred duty to their section at all and every sacrifice.

        In obedience to instructions, I now present a certified copy of "An Ordinance" to dissolve the Union between the State of South Carolina and other States, united with her under the compact entitled the "Constitution of the United Statss of America." I am also instructed to invite your coöperation with South Carolina in the formation of a Southern Confederacy, and to submit the Federal Constituion as the basis of a provisional government.--That instrument, with the Southern construction given to it, would be safe until it, or one, could be deliberately amended and perfected. The exigency requires for the present, prompt and efficient action, and for this purpose I am instructed to invite your State to meet her in Convention at the earliest practicable day.



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        Mr. C. proceeded to say that, before he left Charleston, the Commissioners to the several States, in a meeting, had determined to suggest the first Monday in February, the 3d. He said he had heard Montgomery suggested, but was not authorized to say anything on that point himself. Mr. C. here presented the Report and Resolutions from the Committee on "Relations with slaveholding States, providing for Commissioners to such States," and read the Resolutions appended to the report, which he then submitted to the Convention. He also submitted "The address of the people of South Carolina, assembled in Convention, to the people of the slaveholding States," and then proceeded: That no better illustration of the insidious approach and consummation of despotism can be found in history, than the progress of the Government of the United States to consolidation and the usurpation of every vestige of State sovereignty. Even the mask that covered its aggressions is now dropped, and it is making war and striking at independent States that warmed it into life. Be it so. The day of endurance is past. The government of the United States will stand out in history a mock and reproach to every friend of freedom or free institutions. We are in the midst of events, and enacting them, that will effect the condition, not only of ourselves but the world, for weal or woe. In South Carolina, we feel the justice of our cause: we will defend our State to the last extremity, be the consequences what they may. A common cause unites Alabama and South Carolina and the other cotton States. An Union at the earliest day between them will guarantee success.--We cannot be conquered; but united, we will hurl defiance at our assailants. The flag of Independence and resistance is unfurled in my State from the mountains to the sea-board. Old and young rally to its standard with the determination, if the attempt is made to coerce us, that we will "die freemen rather than live slaves."

        Mr. Calhoun then laid before the Convention sundry documents, connected with his mission, which will be found in another part of this volume.

        This HISTORY would not be complete if it were to conceal the great excitement that prevailed in the Convention, and the deep interest that every member felt in passing events. Telegraphic dispatches were frequently received and read, and served the purpose of keeping up the animation.


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        On this day Mr. Watts placed the following dispatches before the Convention:

BY TELEGRAPH FROM WASHINGTON, JANUARY 7, 1861.

        "The Republicans in the House, to-day, refused to consider the border State compromise--complimented Maj. Anderson, and pledged to sustain the President."

MOORE & CLOPTON.


TELEGRAPH FROM RICHMOND TO GOV. MOORE.

        Legislature passed, by one hundred and twelve (112) to five (5), to resist any attempt to coerce a seceding State, by all the means in her power. What has your Convention done? Go out promptly and all will be right."

A. F. HOPKINS,
F. M. GILMER.


        The Governor sent up the following Message, in answer to the resolution of yesterday:

Executive Department,
Montgomery, Ala., Jan. 8, 1861.

GENTLEMEN OF THE CONVENTION:

        In obedience to the resolution adopted by the Convention yesterday, requiring me to communicate any information I may have respecting the condition of the country, I herewith transmit such information as is in my possession, touching the public interests, and a brief statement of my acts in regard thereto, and the reasons therefor. All of which are respectfully submitted to the consideration of the Convention.

Very respectfully,

A. B. MOORE.


        The General Assembly at its last session passed unanimously, with two exceptions, resolutions requiring the Governor, in the event of the election of a Black Republican, to order elections to be held for delegates to a Convention of the State. The contingency contemplated having occurred, making it necessary for me to call a Convention, writs of election were issued immediately after the votes of the electorial college were cast. It was my opinion that, under the peculiur phraseology of the resolutions, I was not authorized to order elections upon the casting of the popular vote. I, therefore, determined not to do so.

        As the slaveholding States have a common interest in the institution


Page 35

of slavery, and must be common sufferers in its overthrow, I deemed it proper, and it appeared to be the general sentiment of the people, that Alabama should consult and advise with the other slaveholding States, so far as practicable, as to what is best to be done to protect their interest and honor in the impending crisis. And seeing that the Conventions of South Carolina and Florida would probably act before the Convention of Alabama assembled, and that the Legislatures of some of the States would meet, and might adjourn without calling Conventions, prior to the meeting of our Convention, and thus the opportunity of conferring with them upon the great and vital questions on which you are called to act--I determined to appoint Commissioners to all the slaveholding States. After appointing them to those States whose Conventions and Legislatures were to meet in advance of the Alabama Convention, it was suggested by wise counselors, that if I did not make similar appointments to the other Southern States, it would seem to be making an invidious distinction, which was not intended. Being convinced that it might be so considered, I then determined to appoint Commissioners to all the slaveholding States, and made the following appointments:

        A. F. Hopkins and F. M. Gilmer, Commissioners to Virginia. John A. Elmore, Commissioner to South Carolina.

        I. W. Garrott and Robert H. Smith, Commissioners to North Carolina.

        J. L. M. Curry, Commissioner to Maryland.

        David Clopton, Commissioner to Delaware.

        S. F. Hale, Commissioner to Kentucky.

        William Cooper, Commissioner to Missouri.

        L. P. Walker, Commissioner to Tennessee.

        David Hubbard, Commissioner to Arkansas.

        John A. Winston, Commissioner to Louisiana.

        J. M. Calhoun, Commissioner to Texas.

        E. C. Bullock, Commissioner to Florida.

        John Gill Shorter, Commissioner to Georgia.

        E. W. Pettus, Commissioner to Mississippi.

        All these gentlemen are well known to the people of Alabama, and distinguished for their ability, integrity and patriotism. The following is a copy of the commission to each of them, in substance:

EXECUTIVE DEPARTMENT,
Montgomery, Ala., Dec., 1860.

        WHEREAS, the election of Abraham Lincoln, a Black Republican, to the Presidency of the United States, by a purely sectional


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vote, and by a party whose leading and publicly avowed object is the destruction of the institution of slavery as it exists in the slaveholding States, is an accomplished fact; and whereas, the success of said party, and the power which it now has, and soon will acquire, greatly endanger the peace, interests, security and honor of the slaveholding States, and make it necessary that prompt and effective measures should be adopted to avoid the evils which must result from a Republican administration of the Federal Government; and as the interest and destiny of the slaveholding States are the same, they must naturally sympathize with each other; they, therefore, so far as may be practicable, should consult and advise together as to what is best to be done to protect their mutual interest and honor.

        Now, therefore, in consideration of the premises, I, ANDREW B. MOORE, Governor of the State of Alabama, by virtue of the general powers in me vested, do hereby constitute and appoint Col. John A. Elmore, a citizen of said State, a Commissioner to the sovereign State of South Carolina, to consult and advise with his Excellency, Gov. Wm. H. Gist, and the members of the Convention to be assembled in said State on the 17th day of December, inst., as to what is best to be done to protect the rights, interests and honor of the slaveholding States, and to report the result of such consultation in time to enable me to communicate the same to the Convention of the State of Alabama, to be held on the 7th day of January next.

        In testimony whereof I have hereunto signed my name, and caused [L. S.] the Great Seal of the State to be affixed, in the city of Montgomery, this--day of December, A. D. 1860.

A. B. MOORE.


        I herewith transmit to you the reports, so far as they have been received, and will lay before the Convention any others that may be made, immediately on their receipt. I trust that my course in the appointment of these Commissioners will meet the approbation of the Convention.

        Having satisfactory evidence to believe that Alabama would withdraw from the present Union, I considered it my duty to take such steps as would enable the Convention and Legislature to provide the means of putting the State in a condition to protect and defend her citizens, in the event of her secession.

        Knowing that the Treasury was not provided with funds sufficient for the purpose--that bonds, at such a crisis, could not be sold out of the State, except at a great sacrifice, and believing that, at such a time, additional taxation upon the people should be avoided, if possible, I determined to take the responsibility of requesting


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the banks to suspend specie payments, for the purpose of retaining their specie to aid the State, provided it should become necessary. With this view, I addressed a letter to each of the banks, a copy of which will be found in the following address to the people of Alabama, published on the--day of December, 1860. I refer the Convention to this address for a full statement of the reasons which induced my action in this matter:

Executive Department,
Montgomery, Ala., Dec. 17, 1860.

To the People of Alabama:

        Strong appeals have been made to me, by many citizens from different sections of the State, to convene the Legislature for the purpose of providing the ways and means of protecting the interests and honor of the State in the impending crisis; and for the further purpose of authorising the banks to suspend specie payments, to enable them to furnish greater facilities for moving the cotton crop, and thus relieve, to some extent, the embarrassed condition of the cotton market, and the people. These appeals were made by those, whose opinions are entitled to the highest respect, and are disconnected with the banks, either as directors or stockholders. After giving to the subject the fullest consideration, and viewing it in all its bearings, I determined not to convene the Legislature, for reasons which I will now give.

        I did not doubt, and do not now, that the Convention, to meet on the 7th January, will determine that Alabama shall withdraw from the present Union, at an early day.

        Should this contingency occur, it will be necessary forthwith to convene the Legislature to provide for whatever the action of the Convention may render necessary, in the way of legislation.--The imposition upon the State of the expenses of the Convention, and two extra session of the Legislature at this time, when economy is a matter of the highest consideration, ought to be avoided, if it could be done consistently with the public interests. If the Leggislature could anticipate the action of the Convention, and provide for it, it would supersede the necessity of convening, after the Convention shall have acted; but this would be impossible.

        It was my opinion, that if I issued a proclamation calling an extra session of the Legislature, every one would believe that the object, in part, was to authorize the banks to suspend specie payments. This would have caused an immediate run upon them, and would, in a great measure, have exhausted their specie, and thus rendered them unable to aid the State in her emergency, or relieve the people.

        It appeared to me, that these difficulties could be avoided, by


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the banks and myself assuming responsibilities, which never should be done under any other circumstances. I considered it a matter of the utmost importance that the specie, in the vaults of the banks, should be kept there, so far as it could be done, in order to aid the State in providing the means to sustain herself in the approaching crisis. It would be inexpedient, at such a time, to tax the people, and State bonds could not now be sold, except at a great sacrifice. I considered it the duty of banks, upon whom extraordinary privileges had been conferred, to come to the aid of the State in her hour of need, and therefore determined to request them, at the same time, to suspend specie payments, and retain their specie for the benefit and security of the State, so far as might be necessary.

        In this way, a run upon the banks would be avoided, and they would remain in a condition to relieve the State from immediately taxing her people, or selling bonds at a heavy discount; and render unnecessary an extra session of the Legislature, before the meeting of the Convention.

        The extension of relief to the people, in selling their cotton crops would follow as an incident. In consideration of the premises, I addressed to each of the banks a letter, of which the following is a copy:

Executive Department,
Montgomery, Ala., Dec. 4, 1860.

To the President and Directors of the Central Bank of Alabama, Montgomery, Ala:

        GENTLEMEN:--The peculiar and extraordinary state of public affairs and the interest of the State, make it a matter of State necessity to retain in the vaults of the banks all the gold and silver in their possession.

        From present prospects, there can scarcely be a doubt that Alabama will secede from the Union before the 4th day of March next. Should that contingency occur, it will be necessary for the State to raise not less than a million of dollars in specie, or its equivalent. Under the circumstances which surround us, we could not sell State bonds, either in the North or in Europe, except at a ruinous discount; and it would be inexpedient to tax the people immediately for that purpose. How, then, can the State secure the money, that may be necessary, in her emergency?

        But one practicable plan now presents itself to my mind, and that is to call upon the banks of the State to come to our aid. The course of events, and the suspension of the South Carolina and Georgia banks, will create more or less uneasiness in the minds of bill-holders, and will induce many of them to draw the specie


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from the banks to the extent of the notes they may hold, and thus render the banks unable to aid the State, as they otherwise could do.

        I am strongly urged, from various parts of the State, to convene the Legislature, for the purpose of authorizing the banks to suspend specie payments, and thus enable them to retain their specie for the purposes suggested.

        I have reflected much and anxiously upon the subject. I am satisfied, were I to convene the Legislature for the purpose stated, that it would produce a run on the banks, and in a great measure exhaust their specie and defeat the object I have in view.

        With the view, then, of enabling the banks to retain their specie for the purpose aforesaid, I deem it my duty, under the circumstances, to advise and request them to suspend, all at the same time.

        The high and patriotic motives which would induce the act, would sustain the banks and me. There can be no doubt that the Convention and Legislature, soon to meet, will sustain and legalize the act. I will sanction it, and will institute no proceedings against them; and in my message to the Legislature and Convention will urge them to sanction the act, which I am sure they will do.

        If need be, after the suspension, I will write an address to the people of the State, stating the facts and circumstances under which the step was taken. I am satisfied that the banks are in a sound condition, and can maintain it through the present crisis; but it will render them unable to give the State that aid she will need.

        I have written similar letters to all the banks. The contents of this communication are respectfully submitted to your consideration.

Very respectfully, your obedient servant,

A. B. MOORE.


        At my suggestion and request, and for the purposes stated in my letter, the Commercial Bank at Selma, the Central Bank at Montgomery, and the Eastern Bank at Eufaula, suspended this day. It is due to those banks that I should say (being advised of their condition) that they are able to sustain themselves through the crisis, and that they have taken this important step with the high and patriotic motive of sustaining the State, as shown by the response of each of them to my letter. Their letters are filed in my office, and would have been published but for the length they would give this communication.

        There is no necessity for any depreciation in their notes, as there can be no question of their solvency.


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        The circumstances under which they have suspended, should relieve them from any censure. If censure is to fall upon any one, it should be upon me, and I rely for my justification upon the manifest propriety and necessity of the act, as well as the motives which induced it. The Bank of Mobile, and the Southern Bank of Alabama decline to suspend, but patriotically pledge themselves to raise their proportion of the amount suggested in my letter, should there be a necessity for it. These two banks being located in Mobile, can procure specie and exchange with more facility than the banks in the interior, and are not so liable to be prejudiced by the suspended banks of South Carolina and Georgia. Hence their ability to aid the State without suspending specie payments.

        The Northern Bank at Huntsville, also declines to suspend, on account of peculiar circumstances which surround it.

        I have now briefly stated the circumstances and facts, connected with the suspension of three of our banks, in accordance with the promise contained in my letter, and hope they will be satisfactory to the enlightened and patriotic people of Alabama, for whose benefit this great responsibility has been assumed.

A. B. MOORE.


        I am authorized to say that the banks are prepared to loan the State their proportionate share of one million dollars, should her necessities require it.

        The Convention is aware that I have had Fort Morgan, Fort Gaines, and Mount Vernon, occupied by the troops of Alabama.--My reasons for this important step are briefly and plainly set forth in the following letter to the President of the United States, as soon as I was officially in formed that the Forts and Arseual had been occupied:

Executive Department,
Montgomery, Ala., Jan. 4, 1861.

To His Excellency James Buchanan,
President of the United States:

        SIR:--In a spirit of frankness, I hasten to inform you by letter that, by my order, Fort Morgan and Fort Gaines and the United States Arsenal at Mount Vernon, were, on yesterday peaceably occupied, and are now held by the troops of the State of Alabama. That this act on my part may not be misunderstood by the Government of the United States, I proceed to state the motives which have induced it, and the reasons which justify it, and also the course of conduct with which I design to follow that act.


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        A Convention of the people of this State will, in pursuance of previously enacted law, assemble on the 7th inst. I was fully convinced, by the evidences which I had, that that Convention would, at an early day, in the exercise of an authority which, in my judgement, of right belongs to it, withdraw the State of Alabama from the Government of the United States, and place it in the attitude of a separate and independent power. Being thus convinced, I deemed it my duty to take every precautionary step to make the secession of the State peaceful, and prevent detriment to her people. While entertaining such a conviction as to my duty, I received such information as left me but little, if any, room to doubt that the Government of the United States, anticipating the secession of Alabama, and preparing to maintain its authority within this State by force, even to the shedding of blood and the sacrifice of the lives of the people, was about to reinforce those Forts, and put a guard over the Arsenal. Having that information, it was but an act of self-defence, and the plainest dictate of prudence to anticipate and guard against the contemplated movement of the authorities of the General Government. Appreciating, as I am sure you do, the courage and spirit of our people, you must be sensible that no attempt at the coercion of the State, or at the enforcement by military power of the authority of the United States within its jurisdiction, in contravention of the ordinance of secession, can be effectual unless our utmost capacity for resistance can be exhausted. It would have been an unwise policy, suicidal in its character, to have permitted the Government of the United States to have made undisturbed preparation, within this State, to enforce, by war and bloodshed, an authority which it is the fixed purpose of the people of the State to resist to the utmost of their power. A policy, so manifestly unwise, would probably have been overruled by an excited and discontented people, and popular violence might have accomplished that, which has been done by the State much more appropriately and much more consistently with the prospect of peace, and the interests of the parties concerned.

        The purpose with which my order was given and has been executed, was to avoid, and not to provoke, hostilities between the State and Federal Government. There is no object, save the honor and dignity of my State, which is by me so ardently desired as the preservation of amicable relations between this State and the Government of the United States. That the secession of the State, made necessary by the conduct of others, may be peaceful, is my prayer, as well as the prayer of every patriotic man in the State.


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        An inventory of the property in the Forts and Arsenal has been ordered, and the strictest care will be taken to prevent the injury or destruction of it, while peaceable relations continue to exist, as I trust they will. The Forts and Arsenal will be held by my order, only for the precautionary purpose for which they were taken, and subject to the control of the Convention of the people to assemble on the 7th inst.

With distinguished consideration,
I am your obedient servant,

A. B. MOORE.


        The Forts and Arsenal will be held subject to such instructions and directions as the Convention may think proper to give. Strict orders have been given the officers in command at the places mentioned, to take an inventory of the arms and ammunition, and public stores, and see that all are protected and preserved.

        I am fully aware that, in all I have done in regard to the matters herein communicated, I have taken great responsibilities.--For my justification, I rely upon the propriety and necessity of the course I have taken, and upon the wisdom and patriotism of the Convention and people of Alabama. In this great and trying crisis, I have done all I could do to prepare the State for any emergencies that might occur. The great and responsible duty of protecting the rights, interests and honor of Alabama, is now imposed on the Convention; and I do not doubt that her present proud and high position will be maintained. May the God of Wisdom and Justice guide you in your counsels.

        A. B. MOORE.


        The President laid before the Convention the following telegraphic dispatches, from the Hon. Edmund W. Pettus, Commissioner from Alabama to Mississippi; and from the Hon. E. C. Bullock, Commissioner from Alabama to Florida:

        "Jackson, Miss., Jan. 7.--"A resolution has been passed to raise a Committee of fifteen to draft the ordinance of secession."

E. W. PETTUS.


        "The Convention met at twelve (12.) Mr. Barry is President. The State will probably secede to-morrow or next day."

E. W. PETTUS.


        "Tallahassee, Fla., Jan. 7.--Convention, by vote of one hundred and sixty-two (162) to five (5,) adopted resolutions in favor of immediate secession. Committee appointed to prepare ordinance of secession."

E. C. BULLOCK.



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PROPOSED SECRET SESSIONS.

        When Mr. Calhoun addressed the Convention to-day, there was applause in the galleries and lobby, and in the Convention. It seemed difficult to restrain this disposition; and the President intimated that the galleries would have to be cleared if order was not observed. This led to a discussion, and the following propositions:

        Mr. JEMISON introduced resolutions as follows:

        Resolved, 1st. That all the deliberations of this Convention shall be held with closed doors, and in secret, unless otherwise directed by the Convention.

        Resolved, 2d. That on a motion to open the doors of the Convention, there shall be no debate unless by consent of two-thirds of the Convention.

        Resolved, 3d. That those persons invited within the bar of the Convention shall not be excluded from the secret sessions, unless so ordered by the Convention.

        Resolved, 4th. That an obligation of strict secrecy, in regard to the secret deliberations of this Convention, is imposed upon all members and persons invited within the bar, and the officers of this Convention.

        Resolved, 5th. That the lobby be set apart for the use of the ladies, while we are in open session.

        Mr. BAKER, of Russell, moved to strike out the first resolution and insert the following:

        Resolved, That whenever this Convention shall deem it necessary to hold a secret session, it may be done on motion and a majority vote of the Convention, and thereupon the Door-keeper shall clear the lobby and galleries, and that no debate shall be had on a motion to go into secret session.

        MR. YANCEY said:

        That he was in favor of secret sessions on certain questions. The proposition of the gentleman from Tuscaloosa [Mr. Jemison,] however, was not such as wholly met his approval. That proposition makes secret session the rule, and open session the exception. He would reverse it, and make open session the rule, and secret session the exception. Whenever any matter came up, which it would be policy to consider in secret session, it would be easy to move to close the doors.


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        It was a matter, however, of but little real moment, which way it was decided, and he would vote for the resolutions of the gentleman from Tuscaloosa, [Mr. Jemison,] rather than not have secret sessions.

        MR. POSEY said:

        That he would prefer to confer upon the President the power to order the doors to be closed, when in his judgment it was proper to go into secret session; this would remove another objection which has been urged against closing the doors upon motion by the vote of the majority of the Convention; that is, the necessity of revealing to the house the subject-matter which required secrecy in deliberation, and thus defeat the sole object of sitting with closed doors.

        The President of the Convention must know the nature of every dispatch and message from the Governor; in a word, the chair will know what is the character of all subjects demanding the deliberations of this body, and in his judgment and sound discretion the Convention may safely confide.

        That there are questions of very grave importance, which prudence and the public safety alike require, should not yet be made public, Mr. P. admitted to be true; at the same time, he was unwilling to adopt the rule of secret session, and open doors the exception, for the reason that much of the business of the Convention may not be of that delicate complexion, requiring closed doors for its consideration.

        The demonstrations inthe galleries, Mr. P. admitted, were improper; but he thought such indiscretions would not be repeated; and he was unwilling to exclude from the galleries so many of our fellow-citizens, who, in common with the members of this Convention, were so deeply interested in its deliberations.

        MR. WILLIAMSON said:

        As a general rule, applause in the lobby and galleries should not be tolerated; but regardless of rules, there are times when "out of the abundance of the heart the mouth speaketh." This, sir, is an occasion, which, in my judgment, justifies a departure from that rule. I have no doubt but that Alabama will respond in thunder tones to the noble sentiments expressed by the gallant Carolinian accredited to our State, for the purpose of notifying us officially of the secession of South Carolina from the United States. In the course of his remarks, he informed us, that she was indueed


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to take the step, believing it to be essential to the vindication of her rights and honor, against a dominant sectional party, bent upon the destruction of the whole South. This, sir, many of us believe; and when told that her sons, from the mountains to the sea-shore, had determined to strike, if need be solitary and alone, in defence of Liberty, it was quite natural for those who feel deeply, and anxious, at once to unite with them in repelling insult and injury, to give expression to their feelings. I am sure, but for the deference and respect entertained for this body, the air would have been rent with a wild shout of approval, instead of the almost inaudible hum of applause from the lobby and galleries.

        MR. CLARK, of Laurence, said:

        If the design of such demonstrations is to influence the deliberations of the Convention, they will prove, no doubt, utterly fruitless; and therefore, if there were no other objections, I would be in favor of permitting gentlemen to amuse themselves ad libitum, by hand-clapping, foot-stamping, big-smiles, or in any other manner, which their singular appetite for noise might prefer. There are other reasons, however, why this clamor from outside places should be suppressed. In the midst of the confusion it is impossible to hear; besides, it tends naturally to disturb the harmony of our counsels, and is wholly inconsistent with that calm, sober and reflecting mind which should characterize an occasion so solemn and impressive. That we are enacting a drama for history is absolutely certain; whether it is a tragedy or a farce will transpire hereafter. Therefore, unless the galleries shall be immediately cleared, the Convention should certainly adjourn to the Theatre, where the dramatis personoe will not only have fuller sweep to play "fantastic tricks," but applause from an enraptured auditory will be entirely proper.

        MR. MORGAN said:

        Mr. President--I have before expressed my opinion that the order of this body should be preserved against all efforts to disturb it. So far, we have found it impossible to preserve proper order, and the result has been that we are unable even to comprehend much that has been said by members of the Convention Allusion has been made by some gentleman to the fact that we represent the people, and that the people have a right to witness our deliberations. I am very fond of the people, but I have al ways found that the best recommendation a servant can bring to


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his master is, that he has done his duty, not with eye service. The impossibility of repressing applause with the feet has been referred to by some gentleman. I regret this, for while I admit that the earnest and elevated thoughts which have just been uttered by the distinguished Commissioner from South Carolina have fallen upon my heart with unusual power, I thought the occasion, the presence, and the great name which he has inherited, and lived to honor, would have moved us to a deeper and purer tone of feeling, and a more appropriate mode of expression.

        I love that sort of patriotism which glows in the burning cheek and glistens in the falling tear; which brings our manhood up to the willing endurance of great suffeirng for the cause of right and justice. I approve it more than I do that zeal which rattles off rounds of applause with the feet and with canes upon the floor. The best reasons can be shown for the adoption of the resolutions of the gentleman from Tuscaloosa. It will remove from this chamber the hot impulse which moves the people to demand the immediate passage of the Ordinance of Secession. Every argument must be heard on both sides, and we must take counsel together. No man can render me a better service than to keep me in check until my judgment can fully approve a measure which every emotion of my nature urges me to adopt. I am now prepared for Secession, fully prepared, and anxious to hasten the moment of deliverance. But I must not go alone, while others, wiser than myself, may ask me to delay until they are prepared to go with me, or until their reason admonishes them that they cannot go. I speak in reference to the people of our own State. I would, at least, listen respectfully until I should be convinced that longer delay would be useless or dangerous.

        We cannot debate the question properly in open Convention. Connected with the question of Secession there are many facts which, for reasons of public policy, ought not now to be stated. No Convention of the character of that now sitting here has conducted all its deliberations openly. No skillful General or prudent Diplomat would open the secrets of his counsels to the ear of his adversary or enemy. Why should we do so? Are we in a more secure position than our fathers were when the Congress, at Philadelphia, was sitting with closed doors and promulgating resolves and laws under the veil of secrecy to the people of the Colonies? Make secret sessions the rule and open sessions the exception, and the people will not be continually excited with telegrams to the effect that the Convention has gone into secret session. The people are not afraid of their representatives here. They have no fear that an American will ever attempt to establish


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another Star Chamber. If we trust them as implicitly as they trust us, we will need no explanation of our opinion that their interests are to be promoted by our sitting with closed doors.

        MR. DOWDELL said:

        Mr. President--Two propositions are before the Convention. The one by the gentleman from Tuscaloosa [Mr. Jemison,] establishes the rule of secret sessions, open doors the exception. The substitute offered by the gentleman from Russell, [Mr. Baker,] would establish the rule of public sessions, closed doors the exception. I shall certainly support the latter proposition. There will be but little necessity and very few occasions for going into secret session. We shall have nothing to conceal from our own people; all our discussions on subjects in which they are vitally interested should be public--these will be numerous. Let them hear, and let the country know as speedily as possible, the temper and principles of this body. We speak for the people and the people should hear our voice, and fill its volume with the great chorus of accord and approbation. I am willing to admit that, in the progress of our deliberations, some subjects will arise connected with our safety and defence demanding secrecy and dispatch. We can anticipate such occasions, and on motion go into secret session. About the propriety of this no body will dispute. We are contending against a wily and an unscrupulous enemy. From him I would conceal all that we do. We despair of changing his mad policy by appeals to his reason, and we are unwilling to notify him of defensive plans which his wicked ingenuity might forestall or defeat. Open always to friends--show nothing to an enemy. Let them find out our plans in their development and execution. When secret sessions are demanded all will see the necessity, and there will be no difficulty in closing the doors at any time. But let our deliberations as far as possible be open; be public. Of our cause we are not ashamed: we speak to the world in behalf of our great cause, and we know that a response of approbation will come up from true and patriotic hearts every where. For these reasons I shall vote for the substitute, and I trust that the Convention will adopt it.

        MR. BAKER, of Russell, addressed the Convention, briefly, in favor of his substitute, admitting the propriety of closing the doors on appropriate occasions, as it might become necessary to discuss certain questions, when expediency and the public good demand secrecy. But, as a general rule, he thought that the doors should


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remain open. The desire of the people to listen to our discussions must be great indeed, if we are to judge by the manifestations of interest which we see around us. This desire should be gratified, as far as prudence and a just regard to the public interest should allow. Not only have the people a great desire to hear and see what is going on in this body, but they have the right to hear and to see; and this right should not be abrided, except from positive necessity. And the people have not only the right to see and to hear, but they are at least to be excused, if, now and then, under a feeling of rapture, which may sometimes be uncontrollable, they should give utterance to their feelings in such demonstrations as we have witnessed to-day. He was not able at all times to control his own feelings, and he was willing to judge others by himself.

        MR. JONES, of Lauderdale, said:

        I concur with the gentleman from Russell, [Mr. Baker,] in most of the remarks he has just submitted to the Convention. Like him, I believe, that on all proper occasions the people should be admitted to the galleries to witness the action of their representatives.

        In times like these, when the public mind is deeply moved by passing events--when expectation is on tip-toe to catch every report in reference to the action of this body, armed as it is, with powers full and ample to tear down in an hour the Government under which we were born--it is not to be presumed that the people, interested alike with us in the great drama now being enacted, should be spectators unmoved by the sentiments expressed on this floor.

        But, sir, there are bounds beyond which the exhibition of this feeling should not go.

        The boisterous manifestation of applause or dissatisfaction is incompatible alike with the dignity of this body and the calm and thorough investigation of the momentous issues intrusted to us.

        The gentleman from Russell says, "This applause should not be suppresed;" he says, "That when men feel deeply they must speak out,"--"that, it is customary in his section for persons when they go to church and get happy to shout as loud, and as much as they please, and no one dares object." To all this I agree. I will, however, suggest, that the great Methodist Church, of which I am an outside pillar, consider this as one of our reserved rights, and yet, we limit the enjoyment of this privilege to our own churches; we are always quiet when in the house of our Presbyterian or Episcopal friends. Nor is this the proper house for the manifestation of popular applause.


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        MR. BAKER, of Russell, said:

        He was very glad to learn that his friend from Lauderdale was a member of the church. He had known him a long time and had never suspected it before; he had recently met him at one or two places where members were not expected.

        MR. JONES rejoined:

        As my friend from Russell is an old member, I should like for him to explain how he met me there without being there himself. I assure him that I am not yet a member, but when I do join, I fear I shall meet my friend from Russell but seldom, for I intend to keep out of doubtful company.

        This discussion was continued, with much animation, when Mr. Baker's substitute was lost, and the Convention resolved to sit, as a general rule, with closed doors.

SECRET SESSION.

        Mr. Watts presented the following dispatches received at Montgomery, Jan. 8, 1861, by telegraph from Richmond.

        To Gov. A. B. MOORE:

        Our friends here think the immediate secession of Alabama, not postponed to any future time, would exercise a favorable, perhaps controlling effect on the Secession of Virginia.

F. M. GILMER, JR.,
A. F. HOPKINS.


        Received at Montgomery, Jan. 8th, 1861, by telegraph from Pensacola.

        To T. H. WATTS:

        See Major Chase. Send us five hundred men immediately. Let us know.

A. E. MAXWELL.
E. A. PERRY.


        Received at Montgomery, Jan. 8th, 1861, by telegraph from Mobile, Ala.

        To Gov. A. B. MOORE:

        Shall United States armed vessels be permitted to enter harbor? If so, shall they be fired on and destroyed? Specific instructions wanted. They should not enter, else our forts have no protection.

G. B. DUVAL



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        Mr. YANCEY moved that a committee of one be appointed to confer with the Governor, and get any information he may have in relation to the Florida Forts. Adopted, and Mr. Ketchum appointed.

        MR. KETCHUM returned and reported verbally that the Governor would make a communication as soon as it could be prepared.

TROOPS TO BE SENT TO FLORIDA.

        MR. COCHRAN introduced the following resolutions:

        Resolved, That the Governor of this State is requested and authorized to take such steps, and employ such measures, as in his judgment may be necessary to protect the interest of the people of Alabama; and that his action in taking temporary possession of the forts and arsenals within the borders of Alabama is approved.

        Resolved, 2d, That to enable the Governor to carry out the objects of the preceding resolution, the sum of ten thousand dollars is hereby appropriated and placed at his disposal.

        MR. YANCEY moved to strike out all after the word "Resolved," and insert:

        That the Governor of this State be instructed to accept the services of five hundred Volunteers, to be placed under orders of the Governor of Florida, with a view to the taking possession of the forts at Pensacola, for the purpose of protecting the State of Alabama from invasion and coercion, during the deliberations of this Convention upon the question of resuming the sovereign powers of the State of Alabama; and for this purpose, ten thousand dollars be appropriated out of funds in the Treasury.

        The amendment was accepted, as was also the following amendment offered by Mr. DARGAN:

        Resolved, That the citizens of this State who have volunteered for the defence thereof, or who may volunteer as soldiers under the authority of our sister slaveholding States for their defence against any hostile or coercing power, shall be protected by the power of this State, against any proceeding which may be instituted against them by the Government of the United States on that account.

        MR. CLEMENS said: That he doubted the power asserted in the resolution to appropriate money. But he did not regard that as important


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He was not satisfied that there was any real necessity for the passage of the resolution at all. If there was an emergency, he would not pause to inquire into smaller matters. But if the resolution was pressed, without further information, he should be constrained to vote against it.

        MR. COCHRAN, after earnestly urging immediate action on the resolutions, continued:

        There is no necessity for delay, no wisdom in delay, but great folly. Here is an appeal from the Executive of a neighboring State, urgently requesting our aid. The Convention of the people of Florida is now in session. They must be permitted to deliberate in peace. It would be unjust in us, under the circumstances, to pause for further information. To doubt the existence of the necessity for this aid, as requested by Florida, would be an indignity to that State. If the aid is to be granted, let it be granted at once. One day's delay, and all may be lost. In emergencies, such as those which now surround us, all success depends upon the rapidity of our movements. "Secrecy in council and celerity in war," is an axiom built upon the experience of ages. We have adopted the one--let us carry out the other. Let us act now, and act promptly.

        MR. KIMBAL said:

        Mr. President--I am unable to see or appreciate the necessity of the great haste of the gentleman from Barbour, [Mr. Cochran,] to send troops to Florida. I have not been apprized of any settled purpose on the part of the authorities at Washington, to wage immediate war on the South. The reverse to my mind seems conclusive. The telegraphic dispatches, on which gentlemen rely for the necessity of such precipitation, are uncertain, because of the great excitement in the public mind. In this sort of preparation, I see, as I think, motives in this matter that should not be brought into the consideration of this Convention. I fear, sir, there is too great anxiety to precipitate the country into hostilities. This thirst is replete with danger. None can see the end and dire consequences of the first blow. I entreat gentlemen to look circumspectly to these warnings. The people of Alabama are not yet freed from the burdens of taxation, heavy and long continued. It certainly would be ruinous again to be visited with another--perhaps a more onerous one. If this thing must come, let the people of Alabama know thatit has not been the result of precipitancy or the recklessness of this Convention. Place not the censure at our door.


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        Subsequent events, I predict, Mr. President, will show the fallacy of sending 500 troops to take Pensacola, at an expense from the treasury of Alabama. This unnecessary aggression on our part, will not strengthen our cause in public estimation. We should look to that public opinion as the sheet anchor of our Southern cause. Therefore, Mr. President, we should coolly and patiently wait for the troubling of the waters. We are not now in actual war; why then exhaust our treasury, and cool the ardor of our soldiers, by quartering them in the sickly regions of Florida, when there is no necessity for it?

        MR. KIMBALL moved to refer the resolutions to the Committee of thirteen.

        During the pendency of this motion, a communication was received from the Governor, which was read:

Executive Department,
January 8th, 1861.

Hon. WILLIAM M. BROOKS,
President of the Convention of the State of Alabama:

        In reply to a verbal communication from the body over which you preside, made by one of its members, I make the following statement. My information in regard to Pensacola is, that Governor Perry, of Florida, has informed me by dispatch, that he has ordered the Forts to be occupied by the troops of Florida, and asks aid from Alabama. The force at his command in West Florida is small, and not sufficient to take and maintain the Forts. Troops from Alabama could reach the point, before the troops of Middle and East Florida. This fact, with the importance of the position to Alabama, as well as to Florida, induces him to make the request, as I am informed. It is believed at Washington, in South Carolina and Georgia, as I am advised from high sources, that it is not only the policy of the Federal Government to coerce the seceding States, but as soon as possible to put herself in position by reinforcing all the Forts in the States where secession is expected. I need not suggest the danger to Florida and Alabama that must result from permitting a strong force to get possession of these Forts

With sentiments of high consideration and respect,

A. B. MOORE.


        MR. WATTS said:

        I think there is necessity and propriety in adopting the resoluations


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at once. The Governor of Florida may have, and no doubt has, assumed responsibilities similar to those assumed by our own Executive. Forts and munitions of war may have passed into the possession of the State of Florida, which should be, and must be retained. Not only are the interests of Florida involved in the proposition, but also the interests of Alabama. We are here for the purpose of deliberating on the gravest questions which have ever been presented to us. Every avenue to invasion ought to be guarded.

        MR. SMITH, of Tuscaloosa, said:

        Mr. President--The proposition before the Convention involves many grave and important questions. The resolution contemplates an act of war; the assembling of troops to aid one of the States in some fancied or real difficulty with the Federal Government; and thus involves the more serious question of Treason against the United States. It seems to me that an hour is not sufficient time to devote to the investigation of such a proposition.

        But, as there is to be no delay granted, I cannot permit the resolution to go to a final vote without expressing, in brief, my objections to it.

        First, There is no emergency requiring so extraordinary a movement, so far as we are advised. If gentlemen propose to do an act, remarkable in itself, and even revolutionary in a military sense it is incumbent on them to show the necessity. There is no necessity, and the answer to our demands for evidence of the emergency is, simply, the Governor of Florida requests it.

        It will be observed too, that the substitute offered by the gentleman from Montgomery, changes completely the original resolution, and presents a new design; that is, that the troops are not so much for the aid of the Governor of Florida, as to protect this Convention against invasion during its deliberations!

        Now, sir, I ask, is there the slightest apprehension in the mind of any member here, that this Convention will be invaded during its deliberations? Yet, that is now the ground upon which the resolution is urged! Is there not something specious in this?

        Again, sir, I oppose the proposition because it seeks to enlarge and extend the powers of the Executive. I hold, that, until the act of secession is consummated, we have no such sovereign power as enables or authorises us to disturb, in any way, any of the various departments of the State Government, as already lodged by the Constitution in particular hands. The Constitution has defined and limited the duties and powers of the Governor of Alabama. We have not, as yet, the authority to enlarge or extend, or restrict those powers.


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        Again, the proposition contemplates an act of actual hostility to the General Government.

        THE PRESIDENT:

        The Chair would remind the gentlemen from Tuscaloosa, that the motion now pending, to refer the resolution to a Committee, does not allow a discussion upon the merits of the resolution.

        MR. WATTS asked leave to withdraw his motion to refer to a Committee of seven. Objection was made, and Mr. COCHRAN moved that Mr. Watts have leave to withdraw his motion, which was carried, and the motion was withdrawn.

        Mr. JONES, of Lauderdale, said:

        He hoped the discussion would be closed and the vote taken on this question to-day. The minority had opposed the passage of the resolution under discussion from a deep sense of their constitutional obligations to keep the peace of the country, and to lend their aid to the passage of no hasty measures that may lead to bloodshed, and thereby close the way to a peaceful solution of the questions that divide the two great sections of this Government.

        Having done this, whatever may be the result, we will stand acquitted by the record of responsibility or blame. But he was unwilling to go farther and take all responsibility from the majority by obstructing the legitimate course of legislation.

        They assert, that, by the passage of this resolution, they can take peaceful possession of the Forts at Pensacola--secure the South from invasion from that quarter, and thereby prevent Alabama from becoming the "cock pit" in the coming conflict between the North and South.

        This, if true, is a consummation of paramount importance to every citizen of Alabama.

        The majority say, that unless this resolution is passed to-day, it will be useless--that every hour of delay tends to render it so. Why, then, postpone until all prospect of good will be destroyed, and only evil result? The majority were anxious to assume this responsibility; and if they could secure our people from invasion, and prevent our fields from being desolated by hostile armies, he was ready to sustain their action and applaud their foresight and courage. He believed that this move would end in a waste of time and money, yet, he saw no propriety in delay which would insure that result. He asked, therefore, that the vote might be taken now.


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        The vote was taken upon the first resolution, and it was adopted by 52 to 45, ordered to be engrossed by the Secretary and sent forthwith to the Governor.

        On motion of Mr. JEMISON, the second resolution, [Mr. Dargan's amendment,] was ordered to be referred to a select committee of five to be appointed by the President.

        And the Convention adjourned until to-morrow, 10 o'clock, A. M.

JANUARY NINTH--THIRD DAY--SECRET SESSION.

        On motion of Mr. COCHRAN, Hon. H. L. BENNING, of Georgia, was invited to a seat within the bar of the Convention.

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

        Resolved, That the Hon. JAMES L. PUGH and Hon. J. L. M. CURRY be requested to communicate to the Convention, in writing, any facts or information which may be in their possession touching the action of Congress, and the purposes of the Black Republican party, which will, in their opinion, tend to aid this body in its deliberations.

        Mr. DAVIS, of Madison, offered the following resolution:

        Resolved, That whatever Ordinance this Convention may adopt in its final action, contemplating or providing for a severance of the State of Alabama from the Federal Government, ought to be submitted to the people for ratification or rejection.

        Mr. COCHRAN moved to lay the resolution on the table, but withdrew it, at the request of Mr. BAKER, of Russell, for explanation; and Mr. Baker renewed the motion.

        The ayes and noes were called for, and resulted, ayes 53 noes 46.

        Those who voted in the affirmative are--Messrs. President, Baily, Baker, of Russell, Baker, of Barbour, Barnes, Beck, Blue, Bolling, Bragg, Catterling, Clark of Marengo, Cochran, Coleman, Crawford, Creech, Crook, Curtis, Daniel, Dargan, Davis, of Covington, Davis, of Pickens, Dowdell, Foster, Gibbons, Gilchrist, Hawkins, Henderson, of Macon, Henderson, of Pike, Herndon, Howard, Humphries, Jewett, Ketehum, Love, McClanahan, McPherson,


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McKinnie, Morgan, Owens, Phillips, Rives, Ryan, Shortridge, Silver, Smith, of Henry, Starke, Stone, Watts, Webb, Whatley, Williamson, Yancey, Yelverton--53.

        Those who voted in the negative are--Messrs. Allen, Barclay, Beard, Brasher, Bulger, Clarke, of Lawrence, Coffey, Coman, Crumpler, Davis, of Madison, Earnest, Edwards, Ford, Forrester, Franklin, Gay, Green, Guttery, Hood, Inzer, Jemison, Jones, of Fayette, Jones, of Lauderdale, Johnson, Kimball, Leonard, Lewis, McClellan, Posey, Potter, Russell, Ralls, Sanford, Sheets, Sheffield, Smith, of Tuscaloosa, Slaughter, Stedham, Steele, Taylor, Timberlake, Watkins, Whitlock, Wilson, Winston and Wood--46.

        MR. Clemens absent and not voting.

        MR. EARNEST moved to take from the table the reports from Commissioners to the slaveholding States, as communicated by the Governor. Carried.

        MR. BAKER, of Russell, moved to go into open session.

        MR. DOWDELL moved an amendment, that when this Convention is in open session, the flag of Alabama shall be raised from the Capitol. The amendment was accepted, the motion adopted, and the doors of the Convention opened.

OPEN SESSION.

        MR. BULGER introduced the following preamble and resolutions, which, on his motion, were referred to the Committee of Thirteen:

        WHEREAS, Anti-Slavery agitation, persistently continued in the non-slaveholding States of this Union for a long series of years, and in the late election was triumphant in the election of a President who sympathises with the enemies of Domestic, or African slavery, thereby rendering our property and our institutions insecure; and

        WHEREAS, we have been summoned together in Convention to "consider, determine and to do whatever, in the opinion of the said Convention, the rights, interest and honor of the State of Alabama require to be done for their protection;"

        And, WHEREAS, This Convention, taking into consideration the actual situation of the country, as well as reflecting on the alarming circumstances by which we are surrounded, can no longer doubt that the crisis is arrived, at which the conservative


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men of the United States are to decide the solemn question, whether they will, by wise and magnanimous efforts, secure and perpetuate the blessings of a Union consecrated by the common blood of our fathers; or whether, by giving way to unmanly jealousies and prejudices, or to partial and transitory interests, they will renounce the auspicious blessings, prepared for them by their Revolutionary fathers, and furnish to the enemies of free government an eventual triumph;

        And, WHEREAS, The same noble and extended policy, and the same paternal and affectionate sentiments which originally determined the citizens of the independent colonies to form a confederation, and the people of the States, afterwards, to form a more perfect Union, cannot but be felt with equal force now, as motives to lay aside every inferior consideration, and to concur in such further provisions as may be found necessary to secure every section of our vast country in all their just rights, and throw around the weaker portion (the Southern States,) such guarantees as will make them to rest securely in the Union, and restore peace and quiet to the country;

        Therefore, be it Resolved, That separate State secession, in the present emergency, is unwise and impolitic; and Alabama will not secede without first making an effort to secure the coöperation of the Southern States.

        Resolved, 2d, That the Convention invite each of the Southern (Slaveholding) States to meet the State of Alabama in a Convention of Delegates, equal in number to the several Representatives in the Congress of the United States, at on the day of for the purpose of consideration and agreement as to the wrongs that we suffer in the Union, and the dangers that we are threatened with; and to determine what relief we will demand for the present, and security for the future; and what remedy we will apply if our just demands are not complied with.

        Resolved, 3d, That the President of this Convention be requested to forward forthwith, by the most speedy conveyance, a copy of this preamble and resolutions to the Governors of the several Southern States, with a request that they give them such direction as will be most likely to secure the object desired, to wit: The coöperation of all the Southern States, in securing their rights in the Union, or establishing their independence out of it.

AID TO THE SECEDING STATES AGAINST COERCION

        Mr. COLEMAN introduced the following resolution:

        Resolved by the people of the State of Alabama in Convention


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assembled, That they pledge the power of this State, to aid in resisting any attempt upon the part of the United States of America to coerce any of the seceding States.

        Mr. DAVIS, of Madison, moved to refer the resolution to the Committee of Thirteen.

        MR. BECK said:

        He saw no necessity for a reference; he thought the resolution ought to be passed, and passed promptly. The cause of South Carolina was the cause of Alabama; indeed, of the whole South; but particularly were the States that contemplated secession, interested in sustaining each other. Alabama cannot stand by and see force used against a seceding State. It would, continued Mr. Beck, be the policy of the Federal Government to conquer the States in detail. They must, therefore, sustain each other. This matter was well understood in Virginia, who, though she had taken no step towards secession, had already, through her Legislature, resolved almost unanimously, that she would resist, by force, any attempt to coerce a seceding State. We owed it to ourselves and to the position we now occupy, not to be behind Virginia in giving prompt expression to our determination to stand by and uphold the seceding States in their efforts to resist Black Republican rule.

        MR. JOHNSON said:

        Mr. President--The last sessions of this body having been held in secret, forbids an allusion in detail to its action, and hence, cogent reasons which might otherwise be offered in favor of a reference of this motion, are precluded.

        Without expressing any opinion as to the policy embodied in the resolution, I think it would be, under the circumstances, discourteous to the minority to press it upon them at this time; and particularly, as it would have the effect of placing them in a false position before the country. I hope, therefore, the resolution will be referred to the Committee of Thirteen.

        MR. STONE said:

        Mr. President--I fully concur with the gentleman from Montgomery, [Mr. Yancey,] in the propriety of immediately passing the resolution now under consideration. All the powers of the State of Alabama should be pledged to aid in resisting any attempt


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to coerce a seceding State back into the Union. Sir, the Scuthern States recognize the right of secession. It constitutes the very essence of State sovereignty, and is inseparable from it. A State is the best and sole judge of her own grievances, and as a party to the Federal compact must, herself, decide in the last resort "as well of the infraction as of the mode and measure of redress." If, in her sovereign capacity, she determines to resume her independence, can we, who have a common interest in the protection of this right, look calmly on and see her invaded by Federal soldiers? Sir, the Convention which framed our Constitution expressly refused to grant to the General Government the power to employ force against a State. The States came into the Union "free, sovereign and independent." They have never parted with their freedom or sovereignty. They established a Government to act as their agent; and now, to permit that agent to employ force against the States would be to sanction the grossest usurpation. It would be converting the Government into a despotism. Sir, the Union was never intended to be preserved by force. The fact that the power to employ force against a State was refused in the Convention which framed the Constitution, proves that those who constructed our Government knew that it could not be maintained by force. Of what value would the Union be, if the States composing it had to be reduced to obedience by the strong arm of military power? The permanence and security of our Government depend alone upon the principle of common affection and common interest. Force is the last argument of kings, and cannot keep these States together. If then, we recognize the right of secession, and intend to maintain that right against any power that may resist its exercise, why not so declare by passing this resolution? This course will give encouragement to our Southern sisters. It will give strength to the Southern cause. It may secure peace. If the Government at Washington is informed that the coercive policy with which South Carolina is now threatened will be resisted, and that the first Federal gun fired against Charleston will summon to the field every Southern man who can bear arms, it may produce a peaceful solution of the pending difficulties. If it should not, then the responsibility will rest alone upon our assailants. All we can now do is to warn them against the madness of attempting coercion. We wish peace--we do not intend to provoke war--we shall act on the defensive. But if war is forced upon us, our enemies should know, that the Southern States, whose rights, whose honor, and whose independence are alike at stake, intend to stand side by side in the contest, prepared to make common cause and to meet one common fate.


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        MR. EARNEST said:

        Mr. President--I have examined the resolution of the Hon. gentleman from Sumter, and anxiously listened to the arguments of the friends of the measure with the object, if I could, to vote for the resolution.

        I am not prepared to condemn the action of our Governor, or of the patriotic gentlemen for whose benefits the resolution is introduced. In fact, from the force of circumstances with which they were surrounded, I must say that I commend their actions, for if they have erred, it has been on the side of their country. I fully recognize the doctrine, that a sovereign State, acting in her sovereign capacity, can withdraw or secede from the Union; and that, after that, any acts she orher citizens may do, to protect her rights or to defend her independence, even to bloody war, is not and cannot be treason. But the State must act in her sovereign capacity; no other act, by any body or individuals, can withdraw her from the Union or relieve her citizens from the laws of treason, if overt acts are committed by the citizen or the State against the General Government. Entertaining these views of Constitutional rights and individual rights, I am estopped from voting for the resolution. The Hon. gentleman from Montgomery, [Mr. Yancey,] has made an ingenious argument, an appeal to members on this floor, predicated on the resolution of the Virginia Legislature. I reply to the Hon. gentleman, by saying, that resolutions are harmless things when not connected by overt acts. Such was the case of the Virginia resolution. But very far from that is our situation. This resolution is introduced to cover acts of hostility--acts that amount, unexplained, not to a declaration of war only, but to war itself. Hence, to vote for the resolution is only to subject us to the penalties of treason, without aiding those for whose benefit those resolutions are introduced. I confess, Mr. President, that since we met here, my mind, as to expediency, has undergone a great change. And while I cannot vote for the ordinance of secession, I believe that there is a majority of this Convention that will pass the ordinance, and thereby sever our allegiance from the General Government.--That being done, my allegiance is due alone to the State of Alabama, and in me she shall find no laggard or luke-warm friend.--As my allegiance is now due to the United States, I can do no act inconsistent with that relation. No one regrets more than I do, the Constitutional barrier that prevents me from voting for the resolution. I have already intimated that the course of our Governor, and the patriotism of our volunteers find no condemnation in me, but as peace measures I approve them as eminently wise and prudential.


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        MR. MORGAN said:

        Mr. President--The resolutions adopted on the first day of this session, by the unanimous voteof the Convention, leaves us no alternative but resistance to the attempt to place the United States under the Government of the Black Republican party. I entertain no doubt that this resistance will be accomplished by the withdrawal of this State from the Union. But the question is still open as to the mode of resistance. It does not follow, from the adoption of the Resolution of the gentleman from Sumter, that we are confined to any special mode of resistance, or resistance at a particular time. But this does follow: that no seceding State should be coerced or conquered, whether we remain in the Union and fight abolitionists and abolitionism, or whether we withdraw.

        The question is not debateable, whether blood should be shed in a Southern State, with impunity, by a people whom we consider as oppressors. The people of Alabama have asserted, in their written Constitution, under which they were admitted into the Union as a State, that "all political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit, and, therefore, they have at all times an inalienable and indefeasible right to alter, reform or abolish their form of government in such manner as they may think expodient."

        If we had thought of confining this declaration alone to the people of Alabama, or had intended to deny its application to every other State of the Union, we should have entered that Union not as the equals, but as the superiors of the other States in political rights. We have not been guilty of such arrogance. Upon our own doctrines, then, the people of South Carolina are fully justified in "altering or abolishing their form of government." But I am persuaded that I need not go into an argument to establish the right of South Carolina to secede, as a predicate for the clear duty of Alabama to aid her in her defence against hostile fleets or armies. We are one people, and can never be dissevered. Every interest and sympathy that can unite two peoples are wrought into the golden chain by which we are bound together. The secession of South Carolina will naturally, and, in time, inevitably, lead to the secession of Alabama. But if our secession is for the time retarded or prevented by an unmatured course on our part, still our hearts, our interests, our duty, will force us to declare that all the power and resources of men and means within the control of Alabama, are pledged to the defence of every seceding State against coercion by the United States Government.


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        If we are unable to withdraw from the Union, we will be able to assist the cause of justice and free government. In the Union or out of it, a war upon South Carolina is a war upon Alabama. We will so accept the issue when it is needed, and let us now prepare for it. We may force a war upon South Carolina by refusing to align ourselves with her. We may refuse to shelter her until her enemy will cease to fear her power of resistance. We may invite war by our hesitancy, at the moment when decisive action would secure peace; butwe cannot see the blood of her sons shed in a conflict for right, and against oppression, and refuse to open our veins in her cause.

        The effect of the resolution is, that South Carolina may recruit her armies in Alabama, and that our treasury shall stand open to her demands so long as she shall need the means of defence and protection. Sir, you cannot shut the treasury against her. You may close the door, but the treasure will flow with accelerated freedom from the pockets of the people. No army could be placed along our borders to prevent our soldiery from swarming to the standard of the Palmetto. The mothers of our country would be the recruiting sergeants for South Carolina, and the fathers would curse those children who should hesitate to spring to their guns in her defence. There can be no valid reason why we should not at once assume this attitude, and announce our Resolution. The argument of precipitancy is constantly employed to check every movemeut in this direction. Some persons may be inclined to summary and decided steps, but this is not precipitancy. It is a sound calculation, deliberately made, that there is more to be lost than there is to be gained by delay. This position is true beyond question. The Northern States are hastily pledging themselves to contribute men and money to aid them in coercing the seceding States. Perhaps their haste in making the pledge will stand in singular contrast with their haste not to fulfil the promises. But whether they would badger us, or whether they are in solemn earnest, we should attribute to them at least a respectable inclination to do as they promise. This is a matter that will not admit of delay. If we remain in the Union we will act upon the principles of the resolution under discussion. If we withdraw, we should lose the happy moment to give our evidence of our magnanimity. unless we pass the resolution now.--After we are out of the Union, we might have many reasons for adopting such a resolve, in which we would not be wholly disinterted.

        It has fallen from the lips of a friend of secession, in the course of this debate, that he would rather secede to-day with a majority


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of one, than to wait until next Saturday and secede with a large majority. I fully appreciate and applaud the zeal which prompted this declaration, but I take occasion to dissent entirely from the position assumed. I would prefer to delay the secession of Alabama one month, or until some new danger should appear to follow from delay, and go out with twenty majority, than to go out to-day with one majority. I cannot distrust the position of the delegutes opposed to me in opinion, as to the time and manner of secession, until I am forced to do so. They have all declared for resistance. There is no submissionist amongst them, if their votes are any evidence of their opinions. Moreover, this State is divided in policy by a geographical line: no line divides us on the point of duty and honor. I wish to erase that line; and we will see no more of it after we have withdrawn from the Union, unless we grave it upon the map with our own hands.--The people of the mountains have been represented as being very decided in their opinion on the questions of the time and manner of secession. I do not doubt it. It was my fortune to be raised amongst the people of the mountains, and I can bear witness that they are an earnest and brave people. But love of country is with them a religious sentiment. The State has many perils to encounter yet, and you will find that, in her greatest agony, she will repose faithfully upon the hearts of these people. They will never deceive the State. These men will pour like torrents into the army--the best and bravest of men. I wish to hold free counsel with these delegates on this floor, and am determined, if this is not the case, the fault shall not be mine. If they want time to consider, to debate, to hear from their people, they must have time. If they want time to betray me into submission, they shall not be deceived in me, but I shall be grossly deceived in my estimate of them. But, sir, there is no evil spirit of deception here, and I allude to it only to repel the idea.

        Let us pass the resolution, and our enemies will, at least, form correct opinions of our condition and sentiments.

        MR. JEMISON said:

        Mr. President--I see no necessity for immediate action upon the resolution. We have no reliable information on which to act. [Hon. Mr. Dowdell read a dispatch, saying hostilities had commenced, &c.] Yes, we have various telegrams, the authenticity and reliability of which seem to be confided in, and are fully satisfactory to gentlemen of the majority. But as for myself, being no wire-worker, and having nothing to do with the working of wires


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in these days of telegraphic information, I am disposed to question the authenticity of much of what we hear. The aims are made to tell whatever is most appropriate for effect. They keep the public mind in a continued state of excitement; and, for whatever matter under consideration here, we have a telegram suited to the occasion. Whatever is wanting in argument is supplied by telegraph. If we will not be reasoned into a measure, we must be frightened into it. We are kept by these ready and continued rumors in a state of excitement and alarm, that in a good degree prevents considerate and wise counsels. I was brought up, Mr. President, on the Indian frontiers where we were subject to frequent inroads and attacks from hostile parties. By common consent and general understanding, my father's house was the place of rendezvous in cases of alarm. We had no telegraphs in those days, yet we were not without news-mongers, who delighted in getting up a sensation. Hence we had very many alarms. I am reminded, by the excitements frequently caused amongst us by telegrams, of a scene that occurred during these border alarms, when I was quite a boy. At a dead hour of a beautiful moonlight night, the slumbers of the family were broken by a general ingathering of the neighbors. They came in all manner of style: some dressed, some half-dressed, and some scarcely dressed at all. Everything was excitement and confusion. This person was killed--that family massacred; not one left to tell the details of the horrid and heart rending tragedy. At length, two of the party, somewhat incredulous, determined to visit the scenes of reported slaughter. The first place visited was where a negro woman was reported as killed, who was found so dead asleep that she was not aware she had been left alone on the place. The next, was where the husband had abandoned an invalid and bed-ridden wife, whom he reported as killed. They found her also, but suffering all the anticipated horrors of the tomahawk and scalping knife. The next and last place visited was where the whole family was reported as butchered; there all was quiet and safe, the family had heard nothing of their danger, and were rejoiced they had escaped the indiscriminate massacre allotted to them by Madam Rumor. [Here the gentleman from Chambers remarked, that the dispatch he had read stated, the firing of guns had been heard.] Yes, Mr. President, so was firing of guns heard in the case I have related. With others of my father's hands, I had that day been engaged in firing dead hickory trees, in a second year's new ground, to burn them down and burn them out of the way. When the alarm was started these trees had just got into a fair way of falling! The excited and alarmed people supposed they heard the firing by platoons.


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        I would not be understood to say there is no danger of hostilities between State and Federal troops; but I do intend to say, I believe that the prospect of immediate collision is magnified; that the aid of the wires has been evoked to operate on our prejudices and our fears. I am therefore in favor of the reference. I am not disposed to be hurried--see no reason for hasty action. A reference is more likely to result in harmonious as well as prudent action.

        MR. JONES, of Lauderdale, said:

        He was sorry the gentleman from Sumter had introduced these resolutions; they could lead to no practical good, and would only consume the time of the Convention in useless discussion. He was placed in a position of great delicacy, and hoped the resolutions would be referred to the proper committee and not be pressed to a vote now.

        There was no necessity for the hot haste manifested by the gentlemen of the majority. There is no hostile army battering at the gates of Charleston--no invading foe desecrates her soil. There is no voice from that quarter demanding our aid--there is no money wanted, no munitions of war needed, no soldiers asked. The resolutions are at best, but an empty profession--a meaningless tender of what is not expected to be performed. Why, then, cannot gentlemen wait? Wait at least, until to-morrow, when it is morally certain that the Ordinance of Secession will be passed, and the members of this Convention absolved by the sovereign authority of Alabama from their allegianc to the Federal Government. Until the State so absolved him, he could not and would not vote for resolutions proposing to declare war on the Government of the United States. He had in both ends of this Capitol, and at sundry other places, solemnly sworn to support the Constitution of the United States. He knew that others thought differently on this subject, he only spoke for himself. Each one must act according to his own conscience. But whilst this State continued a member of the Union he would not vote for resolutions which propose directly or indirectly to bring about a collision between this State and the Federal authorities. The gentleman from Montgomery had said that "when we shall have seceded, a resolution tendering aid to other seceding States will be considered as asking, rather than offering, aid." He could not see that offering aid to-day and seceding to-morrow, before notice of the offer could reach the ears of our sister States, will afford any very over-powering proof of our disinterestedness. He would say, in conclusion, that


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he felt assured that when the soil of South Carolina, or any Southern State, is invaded to subvert her institutions or subjugate her people, the men of the South will move to arms as by one common impulse to repel the invader. And when this dire necessity shall arise, he hoped to be behind no gentleman on this floor in vindicating the honor and defending the soil of the section to which he belonged.

        MR. YELVERTON said:

        Mr. President--While I advocate the reference in a spirit of conciliation, I surrender nothing. I need not appeal to the members on this floor with whom I have been associated to bear evidence of my devotion to the principles enunciated in the excellent resolution under consideration. Sir, I take it for granted that I am as well understood and as strongly defined on all the questions connected with immediate separate State action--prompt secession--as any other gentleman of this Convention.

        This resolution has the approval of my heart; it commends itself to the calm and manly consideration of every member, with a force of truth and reason, which seems to me to be irresistible.

        The assurances we have from honorable gentlemen of the minority, that the reference is sought only with the great patriotic view of understanding the resolution, and understanding each other, and thus to enable them to vote with us, for the resolution, is an appeal all powerful to me.

        I hold, Mr. President, that it would be exceedingly disgraceful to our gallant State, to have a single vote cast against this resolution; and if I did not go for this reference with the assurances I have, I should feel myself to that extent responsible for that disgrace. Then, I appeal to gentlemen who are already prepared to vote for the resolution, and, as the delay will be but temporary and the result not doubtful, to vote for the reference, that our friends of the minority may have no cause of complaint, and that the resolution may be adopted unanimously.

        I have the honor to be a member of the Committee of Thirteen. I know the material of which it is composed. I think I hazard nothing in saying that an unanimous report in favor of the resolution would follow such a reference.

        Mr. SMITH, of Tuscaloosa, said:

        Mr. President--I am ready to vote upon the resolution now, so far as I am concerned. It contains but the expression of a sentiment that I heartily endorse. I know of no feeling more agreeable


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than that which prompts a generous heart to offer assistance to a friend in danger. There is no feeling more pleasant--except, perhaps, it be the gratitude that accepts such assurance. But in order that this pleasure should be perfect, it is necessary that this assurance should be made with the whole heart; there must be no deception. Now, sir, some of the gentlemen who are known here to be in the minority, and with whom I have the honor to act, request a day's delay--or the reference of the resolution to a Committee, in order that they may have an opportunity to examine it, expressing at the same time a desire to vote for it. This request you are about to refuse!

        Sir, what will be the inevitable result of your disposition to press the minority to immediate and final action upon such resolutions, without giving them the usual legislative delay for reflection? The attempt to force your measure upon us must result in this: that you will pass this resolution and others of no less importance, by a meagre majority of six or eight votes; (for that is the majority by which you elected your President.) Do you wish to do this? Would you not prefer that this resolution particularly should receive all the votes here? I am satisfied that if this resolution is referred to a Committee, as proposed by the gentleman from Madison, [Mr. Davis,] and as acquiesced in by the mover of it, [Mr. Coleman,] so that a day's delay may be had upon it for reflection and examination, it will be adopted by this Convention without a dissenting voice.

        An assurance, by a bare majority of this Convention, of aid to be given by the State of Alabama, would be considered by South Carohua almost as an insult. She might be delighted at first to hear and receive such an assurance; but when she learned the fact that the resolution had been adopted by a bare majority, she would be inspired with disgust; and she would swell with indignation, if it should appear, (as it may, upon a calm and thorough examination, and a comparison of the facts and figures) that the minority here were really the representatives of a majority of the sovereigns of this State. [Here there was some conversation--in questions by Mr. Morgan and Mr. Yancey--as to Mr. Smith's source of information upon the popular vote of the State.] I receive my information from tables in public prints; I do not assert them to be true; but I believe that a popular majority of the State is represented here by the minority.

        But that is not now material. If you press this resolution now, you will pass it by a meagre majority; and so soon as South Carolina is advised of this disagreeable fact, she will consider your promises as unreal; she will exclaim: Poor Alabama! she sent


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us an apple with gold on its outside, but with ashes on its core--


                         "Dead sea fruits that tempt the eye
                         But turn to ashes on the lip."

        I have the greatest respect for South Carolina; her sone are gallant, her statesmen are wise, her clime is genial, her history is great, her aspirations are sublime. She is to be revered for one thing, if for nothing else: she has given to this age a Demosthenes; that is her immortality--may it not be her last and her greatest glory. And because I respect her, I would deal with her in a way not to deceive--not to disappoint her. I would gratify her, and at the same time satisfy myself.

        Sir, we of the minority ask of the majority but the ordinary civilities of parliamentary decorum; time to deliberate and examine. We claim that our errors are errors of the head, and we concede to others what we claim for ourselves. If there be here a sincere desire to cultivate kindly relations, and to harmonize on the great questions upon which we are now called to act, this disposition on the part of the majority to press upon us measures to final action upon an hour's notice, must be abandoned. You may have the power to do as you please; but indiscreet haste will neither promote the popularity of your measures, nor convince the public that you are right.

        I can but admire the wise and deliberative tone in which the gentleman from Coffee, [Mr. Yelverton,] has just expressed himself on this subject. Yielding nothing of the ardency of his opinions, he yet sees no harm in a day's delay. "A week's delay," in the patriotic language of the gentleman from Montgomery, [Mr. Watts,] "would be cheerfully yielded by him, for the sake of a unanimous vote in favor of the resolution."

        For my part, I wish the resolution adopted; and I am satisfied, sir, that on to-morrow it would be passed unanimously, and I sincerely hope that it will be referred.

        MR. YANCEY said:

        Mr. President--The gentleman from Tuscaloosa has sneeringly said, that it will be but poor consolation to South Carolina, when we tender the promise to aid her against coercion by the General Government, by a meagre majority of one. I think, sir, I understand the allusion. It is useless to disguise the fact, that in some portions of the State there is disapprobation towards our action; and, I venture to tell the gentleman from Tuscaloosa, that when that Ordinance shall be passed, even if it be by the meagre majority of one, it will represent the fullness, and the power, and the


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majesty of the sovereign people of Alabama. When it shall be the supreme organic law of the people of Alabama, the State upon that question will know no majority or minority among her people, but will expect and demand, and secure unlimited and unquestioned obedience to that Ordinance. If gentlemen imagine, or indulge the hope, that there will be opposition to that expressed will of the people, I tell them that it will not be from any portion of the people of Alabama, but from the enemies of the people of Alabama. The State is a unit in its sovereignty; the people of the State constitutes a unit in allegiance to its high decrees. If there shall be found any who shall dare oppose it, they will not be of the people; they will not be of a minority or majority of the people, as some choose to call them. They must throw off the character of citizenship in this State, and assume a new character in accordance with their new position. It is useless, Mr. President, to disguise the true character of things with soft words. Men, who shall, after the passage of this Ordinance, dissolving the union of Alabama with the other States of this Confederacy, dare array themselves against the State, will then become the enemies of the State. There is a law of Treason, defining treason against the State; and, these who shall dare oppose the action of Alabama, when she assumes her independence of the Union, will become traitors--rebels against its authority, and will be dealt with as such. Sir, in such an event, the nomenclature of the Revolution of 1776 will have to be revived. The friends of the country were then called Whigs, and the enemies of the colonies were called Tories, And I have no doubt that, however they may be aided by abolition forces, the God of Battles and Liberty will give us the victory over the unnatural alliance, as was done, under similar circumstances, in the Revolution.

        In this great contest there are but two sides--a Northern and a Southern; and when our Ordinance of Secession shall be passed, the citizens of the State will ally themselves with the South. The misguided, deluded, wicked men in our midst, if any such there be, who shall oppose it, will be in alignment with the abolition power of the Federal Government, and as our safety demands, must be looked upon and dealt with as public enemies.

        The above is a very brief report of Mr. YANCEY'S speech on this occasion. It is here inserted from the "Montgomery Mail." and is supposed to have been drawn up, so far, by Mr. Yancey himself. The speech as delivered, occupied nearly half an hour; was uttered with great vehemence, and embraced many topics not here reported. It threw the Convention into the highest excitement.


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        MR. WATTS said, [in substance:]

        Mr. President--I regret exceedingly the tone of the speech just made by my colleague [Mr. Yancey.] This is no time for the exhibition of feeling or for the utterance of denunciations. The minority have simply asked a parliamentary courtesy, which ought not to be denied; especially, as there is no emergency calling for immediate action on the resolution. It is extremely desirable that this resolution should be passed unanimously; and I earnestly hope that the motion to refer it may prevail; and, I believe, that on to-morrow, it can, and will be passed by a majority of One Hundred--all the votes of this Convention.

        [MR. WATTS retained the floor some considerable time, seeming to have been actuated by a desire to mollify the feeling, and quiet the excitement that prevailed in the Convention.]

        MR. JEMISON said:

        Mr. President--I had not intended to say more upon the resolution under consideration; but I cannot permit to pass in silence, the extraordinary and unprovoked remarks of the gentleman from Montgomery, [Mr. Yancey.] I say unprovoked, for they were wholly uncalled for by any thing that fell from either my colleague or myself. The gentleman charges me with having spoken of his native State, South Carolina, with levity--slightingly. I have done no such thing. I have never spoken of that gallant State slightingly. I have differed with her leading politicians, but I have not spoken disrespectfully of them, or their State. I can differ with men upon measures of policy, and yet believe them honest and patriotic. But, sir, nothing was said by me as to the State of South Carolina, her politicians, or her policy. I spoke only of the dispatches, or telegrams, that have been poured in upon us in such profusion, upon every subject and every occasion. Some of them, it is true, were from the gentleman's native State; some from other States--they came from all quarters. They came so thick and fast, they seemed like snow-flakes, to fall from the clouds. Of these telegrams, but without singling out those from any particular State or locality, I did speak with levity and incredulity. I spoke as I thought, as I felt, and as I believe, but without disrespect to any State, individual or class.

        The gentleman from Montgomery has made the remarks of myself and colleague, the text or rather the pretext of reading for the benefit of ourselves and the minority of this Convention, a


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long, and very racy and pointed commentary upon the law of Treason. He tells us the political nomenclature of "76" will be revived; that parties will be known and distinguished as of yore, by the names of Whig and Tory; that in times past the friends of the country were known as Whigs, and its enemies as Tories. He tells us further, that there is such an offence as Treason, and reminds us that though the Ordinance of Secession may pass by a majority of a single vote, that those who shall not submit to it are guilty of the crime of treason, and must, and will be punished as traitors.

        For whom and by what authority does the gentleman speak? He speaks in the plural. In all frankness, said he, "we speak thus, we tell our opponents," &c. Are we to understand him as speaking for himself alone, or does he speak as the organ of the majority, party in this Convention, of whom he is the acknowledged leader? I cannot believe that he has spoken the sentiments of the majority, or any member of it but himself. I cannot think such sentiments are entertained by any other member of this Convention. I had not expected to hear such sentiments from any quarter. They are unmerited--they are uncalled for and unprovoked by any thing that has been uttered by my colleague or myself, or by any other member of the minority; they are unjust; they are unbecoming any gentleman on this floor. [Hon. Mr. Yancey rose, and the President called Mr. J. to order, whereupon he took his seat. There was much confusion at this moment, and Mr. Yancey, also, was called to order by the President.] After order was restored, Mr. J. proceeded. Mr. President, when I took upon myself the duties of a delegate to this Convention, it was with a full knowledge and proper appreciation of all its difficulties and responsibilities. I took my seat here with a fixed and firm resolution not only to preserve the courtesies of debate, but to cultivate friendly intercourse and relations with each and every one, but to encourage calm and friendly discussion; to keep down every crimination or recrimination by pouring oil upon the troubled waters. My most earnest desire has been to see good feeling and harmony preside over our deliberations; that whenever we should take final action, that all should cordially and cheerfully unite in support of that action. This has been my most ardent desire--this my most settled determination. From this determination and from this purpose, I cannot be driven by any ill-timed or unmerited remarks, come from what source they may. But, sir, when the great leader of the majority shall call the minority party tories, shall denounce us as traitors and pronounce against us a traitor's doom, were I to pass it in silence, the world would properly consider me worthy of the denunciation and the doom.


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        [Here MR. YANCEY rose to explain. He said his remarks were not applicable to, or intended for, the minority of this Convention; they were intended for those in certain portions of the State, where it was said the Ordinance of Secession, if passed, would be resisted.]

        MR. JEMISON continued:

        I am glad, Mr. President, to hear the gentleman disclaim any imputation of disloyalty to the minority in this Convention. But has he bettered it by transferring it to the great popular masses in certain sections of the State where there is strong opposition to the Ordinance of Secession, and where it is said it will be resisted? Will the gentleman go into those sections of the State and hang all who are opposed to Secession? Will he hang them by families, by neighborhoods, by towns, by counties, by Congressional Districts? Who, sir, will give the bloody order? Who will be your executioner? Is this the spirit of Southern chivalry? Are these the sentiments of the boasted champions of Southern Rights? Are these to be the first fruits of a Southern Republic? Ah! is this the bloody charity of a party who seeks to deliver our own beloved sunny South from the galling yoke of a fanatical and puritanical abolition majority? What a commentary on the charity of party majorities! The history of the reign of Terror furnishes not a parallel to the bloody picture shadowed forth in the remarks of the gentleman. I envy him not its contemplation. For the interest of our common country, I would drop the curtain over the scene; and palsied be the hand that ever attempts to lift it.

        After the explanation and disclaimer of the gentleman [Mr. Yancey,] it is due to him, and to myself, that I should say--which I do with great pleasure--that the particular remark of mine to which he excepts, was intended to illustrate my notions of parliamentary decorum, and not to apply to him individually.

        MR. DAVIS, of Madison, said:

        Mr. President--I cannot allow this occasion to pass without saying a word in reply to what has fallen from the gentleman from Montgomery, [Mr. Yancey.] Under other circumstances, his remarks might pass unnoticed; but I feel that I owe it to those I represent, at least, correctly to state the position which they hold, upon the question so unexpectedly brought before this body. I claim, sir, to know their views, and I say to this Convention that they have not intended to resist its action, when in conformity to the wishes of the people of the State. The question with them,


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sir, is: does the Convention represent the popular will of the State? If it does, they will stand by it, no matter what its decision may be. Now, sir, I need scarcely say that the act of this Convention will not be conclusive in this matter. And why? Because, as every one knows, the popular vote of this State may be one way; the Convention another, and this resulting from the manner in which it was called, by those who are guilty of an usurpation of power. In short, Mr. President, the sovereignty of this body is denied, and its action will be sustained or resisted, as the popular will may be reflected through it.

        The gentleman from Montgomery, [Mr. Yancey,] asserts upon the authority of a newspaper statement, the vote to be one way; the gentleman from Tuscaloosa, [Mr. Smith,] upon like authority, claims it to be another. I submit, sir, that in deciding a question of such moment, the proof on either side, is unsatisfactory. The people of the State will so regard it. We have the means in our hands of ascertaining their will, by submitting our action for their ratification or rejection; and should a course so manifestly just, be refused, a Committee of this Body, with the evidence at the door, can arrive at a satisfactory conclusion. In either event, I pledge those I represent to stand by the expressed will of the people, I repeat, that I know this to be the position of my constituents, and such, so far as my knowledge extends, is the position of the people in North Alabama.

        MR. YANCEY:

        I said nothing about the people in North Alabama.

        MR. DAVIS:

        So sir, you did not, but it is very well understood by every member on this floor to whom your remarks were applicable. If it should turn out that the popular vote is against the Act of Secession, should it pass, I tell you, sir, that I believe it will and ought to be resisted. The minority of the people of this State ought not to control the majority. But we are told that this is a representative Government--not a pure Democracy, and in this form minorities may rule. If our State Government be representative in this sense, who made it so? The people who, in Convention, framed its Constitution and organic law. They set it on foot, and whilst it moves in the orbit which they prescribed, grant that it is representative, and has the feature which is claimed. Secession, however, destroys that Constitution, and the people are muzzled


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in this Convention by a Legislature, which derived its existence from the instrument to be destroyed. But I do not propose to discuss this matter. Judging from the speech of the gentleman from Montgomery, [Mr. Yancey,] that is not the mode in which it will be decided. We are told, sir, by him, that resistance to the action of this Convention is treason, and those who undertake it, traitors and rebels. The nomenclature of the resolution will then be revised, and the epithet of tory, in future, may ornament the names of Alabamians. I cannot accept this as applicable to my constituents; nor neither do I perceive the fitness or force of the intended illustration. The Whigs of the Revolution were the friends of this Government--the Tories its enemies. If names shall hold the same relation to the Government now as then, I shall have no objections to the historical reminiscence. And not less odious, in my estimation, than the name of tory, is the doctrine which is claimed of the right to coerce an unwilling people. We must be dealt with as public enemies. But yesterday, sir, this Convention condemned this doctrine. With one voice, you declared against it, and expressed your determination to meet such an invasion of your rights as it ought to be met, with arms in your hands. It will be asserted as readily against a tyrant at home as abroad; as readily by the people of my section against usurpation and outrage here, as elsewhere. And when compelled to take this course, they will cheerfully, no doubt, assume all the responsibility that follows the act. I seek no quarrel with the gentleman from Montgomery, or his friends. Towards him personally, I entertain none other than the kindest feeling. But I tell him that should he engage in that enterprise, he will not be allowed to boast the character of an invader. Coming at the head of any force which he can muster, aided and aisisted by the Executive of this State, we will meet him at the foot of our mountains, and there with his own selected weapons, hand to hand, and face to face, settle the question of the sovereignty of the people.

        The Convention adjourned without having taken any further action on the resolution.

FOURTH DAY--SECRET SESSION--JANUARY 10.

        Gen. J. W. A. SANFORD, Commissioner from the State of Georgia to the State of Alabama, was invited to a seat within the bar of the Convention.


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        The President laid before the Convention an official dispatch from the State of Mississippi.

        Received at Montgomery January 9th, 1861, by telegraph from Jackson:

To Hon. WM. M. BROOKS:

        I am instructed by the Mississippi State Convention to inform you that the State of Mississippi, by a vote of her Convention, approaching unanimity, has seceded unconditionally, from the Union, and desires, on the basis of the old Constitution, a new Union with the seceded States.

WILLIAM S. BARRY,
President of the Convention.


        And also dispatches from Charleston, as follows:

        Received at Montgomery January 9th, 1861, by telegraph from Charleston:

To John A. ELMORE:

        The Steamer with reinforcements, was fired into by the Forts, disabled, retreated and lying at anchor. This is certain. The reports of her hauling down her colors I do not vouch for.

WM. E. MARTIN.


        Received at Montgomery January 9th, 1861, by telegraph from Charleston:

To J. A. ELMORE, or the President of the Convention:

        Anderson, it is said and believed, intends firing upon our shipping, and cutting off communication with the fort.

WM. E. MARTIN.


        Received at Montgomery January 9th, 1861, by telegraph from Charleston:

To JOHN A. ELMORE, or President of Convention:

        Anderson writes to the Governor he will fire into all ships. Governor replies, and justifies what we did. Now Anderson replies, his mind is changed, and refers the question to Washington.

WM. E. MARTIN.



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ORDINANCE OF SECESSION

        MR. YANCEY, from the Committee of Thirteen, reported as follows:

        The Committee to whom it was committed to consider upon, and report, what action was necessary to be taken by this Convention, in order to protect and preserve the rights and independence of the people of the State of Alabama, beg leave to report, that they have calmly and thoughtfully considered the great matter committed to them; and they have instructed me to report the accompanying Ordinance and Resolutions.

W. L. YANCEY,
Chairman.


An Ordinance to dissolve the Union between the State of Alabama and other States united under the compact styled "The Constitution of the United States of America."

        WHEREAS, the election of Abraham Lincoln and Hannibal Hamlin to the offices of President and Vice President of the United States of America, by a sectional party, avowedly hostile to the domestic institutions and to the peace and security of the people of the State of Alabama, preceded by many and dangerous infractions of the Constitution of the United States by many of the States and people of the Northern section, is a political wrong of so insulting and menacing a character as to justify the people of the State of Alabama in the adoption of prompt and decided measures for their future peace and security; therefore,

        Be it declared and ordained by the people of the State of Alabama, in Convention assembled, That the State of Alabama now withdraws, and is hereby withdrawn, from the Union known as "the United States of America," and henceforth ceases to be one of said United States, and is, and of right ought to be, a Sovereign and Independent State.

        SEC. 2. Be it further declared and ordained by the people of the State of Alabama in Convention assembled, That all the powers over the Territory of said State, and over the people thereof, heretofore delegated to the Government of the United States of America, be and they are hereby withdrawn from said Government, and are hereby resumed and vested in the people of the State of Alabama.

        Be it resolved by the people of Alabama in Convention assembled, That the people of the States of Delaware, Maryland, Virginia, North Carolina, South Carolina, Florida, Georgia, Mississippi,


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Louisiana, Texas, Arkansas, Tennessee, Kentucky and Missouri, be and are hereby invited to meet the people of the State of Alabama, by their Delegates, in Convention, on the 4th day of February, A. D., 1861, at the city of Montgomery, in the State of Alabama, for the purpose of consulting with each other as to the most effectual mode of securing concerted and harmonious action in whatever measures may be deemed most desirable for our common peace and security.

        And be it further resolved, That the President of this Convention be, and is hereby instructed to transmit forthwith, a copy of the foregoing Preamble, Ordinance, and Resolutions to the Governors of the several States named in said resolutions.

        Done by the people of the State of Alabama, in Convention assembled at Montgomery, on this, the eleventh day of January, A. D., 1861.


MINORITY REPORT.

        Mr. CLEMENS, from the minority of the same Committee, made a report with resolutions as follows:

        The undersigned a minority of the Committee of Thirteen, to whom was referred all matters touching the proper mode of resistance to be adopted by the State of Alabama, in the present emergency, beg leave to present the following

REPORT:

        Looking to harmony of action among our own people as desirable above all other things, we have been earnestly desirous of concurring with the majority in the line of policy marked out by them, but, after the most careful consideration, we have been unable to see, in Separate State Secession the most effectual mode of guarding our honor and securing our rights. Without entering into any argument upon the nature and amount of our grievances, or any speculations as to the probability of our obtaining redress and security in the Union, but looking alone to the most effectual mode of resistance, it seems to us that this great object is best to be attained by the concurrent and concerted action of all the States interested, and that it becomes us to make the effort to obtain that concurrence, before deciding finally and conclusively upon our own policy.

        We are further of opinion that, in a matter of this importance, vitally affecting the property, the lives and the liberties of the whole people, sound policy dictates that an ordinance of secession should be submitted for their ratification and approval. To that


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end, the resolutions which accompany this report have been prepared and are now submitted to the Convention.

        The undersigned purposely refrain from a detailed statement of the reasons which have brought them to the conclusions at which they have arrived. The action proposed by the majority of the Committee is, in its nature, final and conclusive--there is no chance for rehearing or revision; and we feel no disposition to submit an argument, whose only effect will be to create discontent, and throw difficulties in the way of a policy, the adoption of which we are powerless to prevent. In submitting our own plan and using all fair and honorable means to secure its acceptance, our duty is fully discharged; to insist upon objections when they can have no effect but to excite dissatisfaction among the people, is alike foreign to our feelings, and our conceptions of patriotic duty.

        The resolutions hereinbefore referred to, are prayed to be taken as part of this Report, and the whole is herewith respectfully submitted.

JERE. CLEMENS,
DAVID P. LEWIS,
WM. O. WINTSON,
A. KIMBAL,
R. S. WATKINS,
R. JEMISON, JR.


        WHEREAS, repeated infractions of the Constitution of the United States by the people and States of the Northern section of the Confederacy have been followed by the election of sectional candidates, by a strictly sectional vote, to the Presidency and Vice Presidency of the United States, upon a platform of principles insulting and menacing to the Southern States; and WHEREAS, it becomes a free people to watch with jealous vigilance, and resist with manly firmness every attempt to subvert the free and equal principles upon which our Government was originally founded, and ought alone to be maintained; therefore,

        Be it resolved by the people of Alabama in Convention assembled, That the States of Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, Florida, Mississippi, Louisiana. Texas, Arkansas, Tennessee, Kentucky and Missouri, be and they are hereby requested to meet us in general Convention in the city of Nashville, in the State of Tennessee, on the 22d day of February, 1861, for the purpose of taking into consideration the wrongs of which we have cause to complain; the appropriate remedy therefor, and the time and manner of its application.

        Be it further resolved, That the State of Alabama shall be represented in said Convention by nine delegates, one to be selected


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from each Congressional district, and two from the State at large, in such manner as shall hereafter be directed and provided for by this Convention.

        Be it further resolved, That our delegates selected shall be instructed to submit to the general Convention the following basis of a settlement of the existing difficulties between the Northern and the Southern States, to wit:

  • 1. A faithful execution of the Fugitive Slave Law, and a repeal of all State laws calculated to impair its efficacy.
  • 2. A more stringent and explicit provision for the surrender of criminals charged with offences against the laws of one State and escaping into another.
  • 3. A guarantee that slavery shall not be abolished in the District of Columbia, or in any other place over which Congress has exclusive jurisdiction.
  • 4. A guarantee that the inter-State slave trade shall not be interferred with.
  • 5. A protection to slavery in the Territories, while they are Territories, and a guarantee that when they ask for admission as States they shall be admitted into the Union with or without slavery as their Constitutions may prescribe.
  • 6. The right of transit through free States with slave property.
  • 7. The foregoing clauses to be irrepealable by amendments to the Constitution.

        Be it further resolved, That the basis of settlement prescribed in the foregoing resolution shall not be regarded by our delegates as absolute and unalterable, but as an indication of the opinion of this Convention, to which they are expected to conform as nearly as may be, holding themselves, however, at liberty to accept any better plan of adjustment which may be insisted upon by a majority of the slaveholding States.

        Be it further resolved, That if the foregoing proposition for a conference is refused, or rejected, by any or all of the States to which it is addressed, Alabama, in that event, will hold herself at liberty, alone, or in conjunction with such States, as may agree to unite with her, to adopt such plan of resistance, and mature such measures, as in her judgment may seem best calculated to maintain the honor and secure the rights of her citizens; and in the meantime we will resist, by all means at our command, any attempt on the part of the General Government to coerce a seceding State.

        Be it further resolved, That the President of this Convention be instructed to transmit copies of the foregoing preamble and resolutions to the Governors of each of the States therein named.


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        And also the following resolution from the same:

        Be it resolved by the people of Alabama in Convention assembled, That an ordinance of secession from the United States is an act of such great importance, involving consequences so vitally affecting the lives, liberty and property of the citizens of the seceding State, as well as of the States by which it is surrounded, and with which it has heretofore been united, that in our opinion it should never be attempted until after the most thorough investigation, and discussion, and then only after a full and free ratification at the polls by a direct vote of the people, at an election held under the forms and safeguards of the law in which that single issue, untrammelled and undisguised in any manner whatever, should alone be submitted.

        MR. CLEMENS moved that the preamble and first series of resolutions be taken up and substituted for the ordinance.

        The ayes and noes was demanded.

        The ayes and nays were then called on the motion of Mr. Clemens, and it was lost. Ayes, 45, nays, 54.

        Those who voted in the affirmative are Messrs. Allen, Barclay, Beard, Bulger, Clarke, of Lawrence, Clemens, Coffee, Coman, Crumpler, Davis, of Madison, Earnest, Edwards, Ford, Forrester, Franklin, Gay, Green, Guttery, Hood, Inzer, Jemison, Jones, of Fayette, Jones, of Lauderdale, Johnson, Kimball, Leonard, Lewis, McClellan, Posey, Potter, Russell, Sanford, Sheets, Sheffield, Slaughter, Smith, of Tuscaloosa, Steadham, Steele, Taylor, Timberlake, Watkins, Whitlock, Wilson, Winston, Wood--45.

        Those who voted in the negative are Messrs. President, Bailey, Baker, of Barbour, Baker, of Russell, Barnes, Beck, Blue, Bolling, Bragg, Catterling, Clarke, of Marengo, Cochran, Coleman, Crawford, Creech, Crook, Curtis, Daniel, Dargan, Davis, of Covington, Davis, of Pickens, Dowdell, Foster, Gibbons, Gilchrist, Hawkins, Henderson, of Pike, Henderson, of Macon, Herndon, Howard, Humphries, Jewett, Ketchum, Love, McClanahan, McPherson, McKinnie, Morgan, Owens, Phillips, Ralls, Rives, Ryan, Shortridge, Silver, Smith, of Henry, Starke, Stone, Watts, Webb, Whatley, Williamson, Yancey, Yelverton--54.

        MR. CLEMENS offered the following amendment:

        Provided, however, that this ordinance shall not go into effect until the 4th day of March, 1861, and not then unless the same shall have been ratified and confirmed by a direct vote of the people.


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        The ayes and noes were taken on the amendment, and were ayes, 45, nays, 54, and the amendment was lost.

        Those who voted in the affirmative are, Messrs. Allen, Barclay, Beard, Bulger, Clarke, of Lawrence, Clemens, Coffee, Coman, Crumpler, Davis, of Madison, Earnest, Edwards, Ford, Forrester, Franklin, Gay, Green, Guttery, Hood, Inzer, Jemison, Jones, of Fayette, Jones, of Lauderdale, Johnson, Kimball, Leonard, Lewis, McLellan, Posey, Potter, Russell, Sanford, Sheets, Sheffield, Slaughter, Smith, of Tuscaloosa, Steadham, Steele, Taylor, Timberlake, Watkins, Whitlock, Wilson, Winston, Wood--45.

        Those who voted in the negative are Messrs. President, Bailey, Baker, of Barbour, Baker, of Russell, Barnes, Beck, Blue, Bolling, Bragg, Catterling, Clarke, of Marengo, Cochran, Coleman, Crawford, Creech, Crook, Curtis, Daniel, Dargan, Davis, of Covington, Davis, of Pickens, Dowdell, Foster, Gibbons, Gilchrist, Hawkins, Henderson, of Pike, Henderson, of Macon, Herndon, Howard, Humphries, Jewett, Ketchum, Love, McClanahan, McPherson, McKinnie, Morgan, Owens, Phillips, Ralls, Rives, Ryan, Shortridge, Silver, Smith, of Henry, Starke, Stone, Watts, Webb, Whatley, Williamson, Yancey, Yelverton--54.

        MR. YANCEY moved to take up the Ordinance of Secession, and that it be adopted.

        Pending this motion MR. CLARK, of Laurence, said:

        Mr. President--As separate secession is not a right, so it is not a remedy. As a question of policy, merely, a more appalling picture can scarcely be presented to the eye of the patriot and philanthropist, than that of separate State secession. There is something repulsive in the very exclusiveness of its name.

        It is no remedy, because it would remove no evil. The slavery question, the "Iliad of all our woes," would not be decided in our favor, or even settled in any way. It would still continue a vital and ever-present issue. If we succeed in quieting or removing this cause of disturbance, we have accomplished all--if we fail, nothing. How shall separate secession effect this result? It would be a revolution of the Government, it is true, but it would not revolutionize the Northern mind. It would neither hush the pulpit, calm the forum, nor purify the quarters of Black Republicanism.

        This mode of action certainly can afford no relief for the past. It is equally clear, it can provide no security for the future. Destitute


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of the ordinary means of self-defence--in no condition to demand an alliance, and without the power to invite one--the General Government provoked into hostility by our disobedience --other governments refusing to acknowledge our independence-- the surrounding States forced to become enemies by our dictation; shut out from the Pacific on the West, the Atlantic on the East; with Federal fleets cautiously watching our manoeuvres from the Gulf of Mexico--our border exposed on every side--abolitionism always ready to foray upon us--with no fugitive slave law to protect our property--without a treasury, an army or a navy--we should be, indeed, the Niobe of nations. Intimidated by our own weakness, distressed by our exposed condition, and exhausted by destructive efforts at self-preservation--all history teaches that but one fate would await us. The proud spirit of our people bruised, broken, and at last overcome by these combined agencies, would demand protection, as the dernier resort, from some stronger power--and Alabama ultimately become a dependency of Great Britain, or of France, or perhaps be forced to return "in secret, in silence and tears" to the American Confederacy! The minor States of ancient Greece, alternately paying tribute to Sparta or Athens, great as the power of one or the other was paramount, afford a mournful and instructive lesson upon this melancholy subject. The small feudatories of the eleventh and twelfth centuries, in England, also offer sad examples of the well established historical truth, that a weak State can only maintain a nominal independence--a sort of political wardship when environed by more powerful neighbors. Separate secession, therefore, so far from enabling us the more effectually to secure the interests of slavery, would only invite the descent and make us the easy prey of Northern marauders. Nations are not improvised. They are the slow and steady growth of centuries. "A thousand years scarce seem to make a State."

        The sense of insecurity, which our forlorn condition would beget, most certainly, would drive capital away; just at the time, too, when we should need it most. The cost of administering a government is in inverse proportion to its size. Federal officers with Shylock avidity, would seize the public revenue in every collection district, and direct taxation would be the only resource for funds with which to support the machinery of government. Our people, oppressed to the earth by a system of taxation more intolerable than that of despotic Austria, and impelled likewise, by the instinct of self-preservation, would strike their tents and emigrate to the West. Thus deserted by population, our lands would pass out of demand, and depreciate; and our negroes, too, cease to be valuable for want of a market. This emigration would go on


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chiefly from the white population, and the dismal proportion of negroes which we have already, would then become absolutely alarming. Our lovely State, with its few Caucasian inhabitants, would be converted into a kind of American Congo.

        Should Alabama and South Carolina withdraw their representation in Congress, the democratic majority there, which makes the present of slavery secure, according to the infamous Phillips, would be destroyed; and Virginia, Kentucky, Missouri and Tennessee, the great central slave and border States being left--ungenerously abandoned to the implacable vengeance of their relentless foe, would seek safety for their slaves in emigration, and fair equivolency in Southern markets; and, besides crowding the Gulf States with a ruinous surplus of the black race, would themselves, by gradually yielding up their lands to the exclusive culture of incoming whitemen from the North, become free States. Thus the institution of slavery, gradually receding before the Northern avalanche of abolitionism, pressing down upon it like a glacier in the gorges of the eternal Alps, and coming southward from State to State, would finally perish. We should then believe, but all too late, the recent declaration of Senator Wade, "separate State secession is the decree for universal emancipation." This evil could not be remedied by laws prohibiting the immigration of negroes to the State. In thus attempting to avoid Charybdis, we should be wrecked upon Scylla. To obstruct the inter-slave-trade, is, at once, to "clip the golden hair from the head of Nisus." The Black Republicans desire nothing more. It is the policy, therefore, of Alabama to remain, if not in the Union, at least in the South with Virginia, Tennessee and Kentucky, interposed between her and the region of danger, if for no other purpose than to give protection to her own property. But she owes this much, at least, to those States themselves. Her patriotism, chivalry and magnanimity could never be excused for ingloriously deserting them in this hour of awful peril. The hostile tread of abolition invaders will only desecrate the virgin soil of Alabama, when the courage of the Old Dominion becomes a myth and the Kentucky rifle a fable.

        Surely, Alabama ought to exhibit no indecent haste in cutting the companionship of Virginia. She is a powerful auxiliary--a tried friend. If the State of Virginia, losing annually a hundred times as much property as our own, and submitting to a thousand indignities to which our people are strangers, can remain in the Union, at least long enough, to select with some deliberation the best mode of retiring from it, certainly Alabama's honor will not be compromised by the determined abandonment of a friend,


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so dear and invaluable. It is said that if Virginia and Kentucky do not wish to be deserted, let them follow Alabama. But is it not eminently discourteous, selfish and unkind, for any one State to arrogate the Supreme Dictatorship of fourteen equals?

        Southern sentiment is opposed to separate State secession; and if not a majority, at least a large minority of our own people are violently hostile to it This circumstance, alone, should be conclusive against the policy. A large part of the produce of North Alabama finds a market in Tennessee, or passes through that State on its way to it. North Alabama has no idea of permitting her citizens and cotton to run the guantlet of passports, custom houses, and the other machinery of a foreign government as they go to market. Already many of her best and truest citizens are speaking of secession from Alabama and annexation to Tennessee: thus illustrating at once the utter absurdity of the doctrine of secession, as well as foreshadowing the storm that is impending over our own State. Shall we ever live to behold the day when Alabama, having assumed the untried responsibilities of separate secession, shall find herself torn, convulsed and rent in twain by the dissensions of her own people? Shall the martial roll of the warlike drum ever be heard reverbrating through the deep ravines of the Sand Mountains, calling the clansmen of the hills against our brothers of the South? Shall grim-visaged war lift his horrid front" above the Arcadian valley of the Tennessee, and bestain and overspread with slaughter's pencil those beautiful and picturesque landscapes, brighter than any scene which ever flashed admiration upon the shepherd's soul among those flowering peaks, where "smooth Peneus glassy flood reflects purpureal Tempe's pleasant scene?" Shall the very Eden of peace, become the home of strife, of carnage and of destruction? The bare probability of such a thing "fills me, and thrills me with terrors no mortal ever felt before." Great God forbid it!

        In her name, and by her authority, I implore you to yield something, for once, to the demand of North Alabama--to your brothers who have the same common cause, danger and destiny, the same fathers and mothers to watch over and pray for you; who love and cherish you, and whose brave hearts and strong arms will bleed and strike for you in peril's darkest hour. Although cautious in council, North Alabama, when the conflict comes, if come it must, will lead your army to victory and to glory.

        What abolition aggression do you resist by going out of the Union alone? Will it repeal the personal liberty bills of the North? Will it return a single fugitive slave? Can it prevent the abolition of slavery in the District of Columbia? or the suppression


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of the inter-State-slave trade? Alabama by seceding, voluntarily relinquishes whatever of interest she has in the golden fruitage of the territories--the Hesperides of America. Has the cotton bloom no interest in the Indian territory worth Alabama's attention? Can you witness without a pang the federal assetts go to enrich the coffers of your enemies? Will you shed not a tear when you bid farewell to that army and navy, around which so many glorious recollections cluster, and in which Southern valor has won such unperishable laurels? But above all, to say nothing of the grave of Washington and the home of Clay, are you ready tamely to surrender the Temple of the Constitution--the Jerusalem of our hopes--to the Saracens who beleager it? Southern patriots! can you repose in quiet upon your pillows while the Constitution of your fathers--the grandest effort of human workmanship--writhes in the harpy hands of Black Republicanism? Can you prevent this deplorable consummation by separate State action? Delude not yourselves with the vain hope, that if this Government is picked to pieces by fragments, it, or any considerable portion of it, can, upon some self-adjusting principle, ever rëunite in sufficient strength to demand and assert our claim to any of the Federal property which we shall abandon. Has history been written in vain? Shall we not profit by the experience of the past? If our fathers, surrounded by all of the terrors of the Revolution, could scarcely form a Union, how can their sons expect, in times of peace, to restore the unity of a disintegrated South? If a few weak and nerveless colonies--without money and without men--doubted long, and finally agreed with great reluctance, do you suppose that fifteen Sovereign States, as you so love to call them, would mingle again gracefully into one? Said Mr. Madison, in 1829, "In the event of a dissolution of the Union, an impossibility of ever renewing it is brought home to every mind by the difficulties encountered in establishing it. But you ask me, where then would be a unity of interest, a unity of climate and a unity of soil--what would prevent a union in politics? The same causes which came so near defeating the hopes of liberty under the Articles of Confederation, and which rendered the present Constitution a necessity. The same causes which have operated in all ages and in all instances wherever the federative system has been attempted. History abounds with examples. The bad passions of men, and the passions of bad men. The ambitious schemes of selfish, political leaders, and the honestly entertained views of others--petty rivalry and jealousies--various views of government, questions of boundary, perhaps, and conflicting commercial regulations."


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        But suppose you could succeed, after striking Alabama from the constellation of States, in provoking a war with the General Government, if it was not imposed upon you, and by thus desolating her fair borders and slaughtering her peaceful citizens, draggoon the other Southern States unto your assistance and a union with you, would you do it? Every instinct of philanthropy, and common humanity answers for you a thousand times, no. My chief objection, therefore, to separate secession, is, that it would be a disunion of the South: a thought so gloomy and awful that it needs only to be mentioned.

        These are a few of the numerous objections to peaceable separate State secession. But could this policy be carried out peaceably? I think not. It must be followed sooner or later, by an appeal to the high arbitrament of arms--where the eloquence of artillery would debate, and the bayonet's bloody point decide. The annals of all time furnish but few, if any, instances of a people changing their allegiance by a bloodless revolution. If the General Government were to attempt to coerce the State, that would determine the question at once. If the incoming administration, however, should adopt the constitutional constructions of its predecessor, the unpleasant alternative will be presented of engaging in a civil war, or of submitting to the collection of the Federal revenue. A brave people, ground down by taxation, will not be long in deciding that question. I shall not argue to it. A settled gloom comes over the mind and deadly sickness steals upon the heart at its mere contemplation. One paragraph from that magnificent burst of oratory, uttered by Mr. Webster in the great strife of 1850, which gathers new splendor from the impending crisis, is worth more than all of my argument: "Who is so foolish--I beg everybody's pardon--as to expect to see any such thing? Sir, he who sees these States now revolving in harmony around a common centre, and expects to see them quit their places and fly off without convulsion, may look the next hour to see the heavenly bodies rush from their spheres and jostle against each other in the realms of space, without causing the wreck of the universe. There can be no such thing as peaceable secession. Peaceable secession is an utter impossibility. Is the great Constitution under which we live--covering this whole country--is it to be thawed and melted away by secession as the snows on the mountains melt in under the influence of a vernal sun, disappear almost unobserved and run off? No, sir! No, sir! I will not state what might produce disruption of the Union: but sir, I see as plainly as I see the sun in heaven what that disruption itself must produce. I see it must produce war, and such a war I will not describe in its twofold character."


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        The only hope for a peaceable secession is in a United South; and that alone can afford certain security to the future of slavery Now is the time, too, if ever, that it can be effected. Southern sentiment, although opposed to separate secession, is ripe for a Union of the South. That moral revolution which must always precede political changes, has been already wrought. Lincoln's election--a standing menace to slavery--by a party organized upon a basis of hostility to that species of property, in which all of the Southern States are so largely interested, will force the South into unity of idea.

        A united South! What music to the patriot's car! In it would be realized the brightest dreams of Southern statesmanship--the life-long ambition of the great Calhoun consummated--and the institution of slavery protected forever against the propagandism of the Northern mania. A united South implies all that is profitable in practice, beautiful in theory, and stupendous in conception. A salubrious climate, fertile soil, and nearly nine hundred thousand square miles of slave territory; fifty navigable rivers, unlocked by the rigors of winter; a sea coast by ocean and gulf almost immeasurable; a population in the year 1850 of nearly ten millions; her property worth, exclusive of slaves, in round numbers, three billions; and fifty-five millions of acres of improved land, groaning beneath the richest of harvests. The cash value of her farms, two billions of dollars; her farming implements alone worth sixty millions of dollars; her agricultural products, estimated at six hundred and thirty-two millions of dollars; each agriculturist earning in the sweat of honest industry, an average of one hundred and seventy-one dollars per annum: a capital of ninety-six millions of dollars employed in manufactures, and working up in raw material a value of eighty-seven millions of dollars. [Here Mr. Clark enlarged upon the resources of the South, and continued:] Besides, the South is the nursery of the Arts and Sciences, the land of the philosopher; the home of the orator and statesman, the poet, the historian and the divine. Its chivalry unvanquished by flood or by field, and its beauty blooming like "wild roses by the abbey towers" in every hamlet and village. While these statistical facts, taken indiscriminately from the census of 1850, augmented by a decade's increase, demonstrate that the South, under the present Government, has attained a distinction almost unrivalled in material progress, they admonish us to exercise great patience before we destroy the Constitution which has supplied us with so much nourishment, growth and wealth. They also show that the South, united, possesses within herself, all of the elements of greatness, prosperity and independence. Our independence would then be


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acknowledged, and our power, influence and vast resources would invite alliances. Coercion would then become a thing impossible, and even fanaticism itself would not attempt it. The united freemen of the South, standing above the soil of their nativity, and battling around the urns and sepulchres of their fathers, can never be conquered. We should then possess, in short, all of the requisites of a great nation; the evils incident to separate secession above alluded to, would be prevented; and in this way, if at all, the long train of deplorable disasters consequent upon civil war, avoided.

        The North know that we are injured and that the grounds of our complaint are just. They know that if there is any wrong in the fugitive slave law, we are indebted to them for it. Almost before their tracks were dry on the decks of the May-flower, in 1643, only twenty-three years after,


                         "A band of exiles moor'd the bark
                         On the wild New England shore."

        Commissioners from Connecticut, New Hampshire, Massachusetts, Rhode Island and other places enacted a Fugitive Slave Law.

        Let the South in her united majesty once more come forth "with her cohorts gleaming in purple and gold," and, lifting her mighty voice, like the sound of many waters, above the granite hills of New England, utter again to Abolitionism, the edict of heaven: "thou shalt not steal." We owe it to the interests of liberty--to republican institutions, and to the great rights of man throughout the civilized world. We owe it to that long line of posterity which shall rise up and bless us--to the present with all of its untold grandeur--and to the illustrious past.

        An act, involving such momentous consequences as the tearing down or building up a government implies, should not be done in passion, pique or precipitation. We should at least determine the successor before we dethrone the incumbent--agree upon the form of a new government before we destroy the old. Our ancestors were nearly a century and a half in erecting the present government of the United States; and in the Convention which assembled in Albany in 1754, its ruling spirit, Dr. Franklin, and his associate commissioners, unlike our separate secession advocates, spurned the idea of separate Confederacies. Indeed, colonial history fully proves that the great statesmen who were acting under a high and patriotic sense of their responsibilities to mankind, and whose deliberations resulted in the formation of a government, which up to the present moment has been regarded with wonder and admiration by the civilized world, were controlled by two principles, which obtain but little favor with the government makers of the present day: the greatest caution and a strong desire for


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united action. They were acting, too, under circumstances ten times more alarming than those which surround us, and with precisely the same object in view--self-protection against external danger. Even after hostilities had commenced in the province of Massachusetts, they published resolutions renouncing trade with Great Britain, Canada and the Colonies; they preferred petitions to the King; and it was only after argument, persuasion, remonstrance, entreaty, non-intercourse and every other conciliatory measure had been exhausted, that they struck the final blow which made America free.

        What a change has come over the spirit of South Carolina's dream! Then she was prudent, cautious, full of delay; even up to the first day of July, 1776, although her arms had flashed forth at Fort Moultrie in a blaze of glory, she had not given in her adherence to the Declaration of Independence; and the reason, still more singular, was that one of her deputies wanted time to unite others in the project.

        For these reasons, with many others, it is the policy of Alabama, clearly indicated, to invite a Conference of the Southern States for consultation and endorsement. What should be the policy of that Convention, it is not for me to anticipate. But, that great good would result from it we may safely hope. If some plan of reconciliation were derived by it which should satisfy the demands of the Southern States, as I confidently believe would be done, certainly every good patriot would hail it with delight. But if after we have made this last appeal to the justice of the North--after we have exhausted, like our revolutionary fathers, argument, persuasion and entreaty, injustice and wrong shall continue to rule then counsels--thus manifesting the determination to wage the "irrepressible conflict" until the foot of the slave shall no longer tread the soil of the South--then no constitutional scruples about State sovereignty or Federal coercion will be mooted; the South in grand, unbroken and consolidated unity, would appeal to that right which is higher than all constitutions--which tears down and sets up governments--which topples dynasties and crushes empires--which dethrones kings and decapitates tyrants--the implacable right which the Great God of the Universe has granted to man in the eternal charter of the skies--the right of every community to freedom and happiness, and of every people, when the government established over them becomes incompetent to fulfill its purposes, or destructive of the essential ends for which it was instituted, founded upon the law of nations and the reason of mankind, and supported by the best authority and most illustrious precedents, to throw off such government and provide new guards for


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their future security. If the wisdom, the patriotism and the experience of the land, assembled in solemn council, after calmly surveying the facts and maturely, considering the consequences of their act, shall be of the opinion that the dearest interests of our people require the destruction of the government, let them quietly ascertain and define our grievances; and then having adopted the example of the immortal fathers of the first revolution, in vindication of the second, "let facts be submitted to a candid world." But if this Convention should neither restore peace nor declare independence, our condition would be no worse than it is now. Once more, therefore, in the names of Liberty, of Peace, of happy hours--of the aged, of the poor, of our mothers, of our sisters--of helpless humanity throughout the borders of our State, I implore you to concede something to the counties of North Alabama.

        MR. TIMBERLAKE offered the following amendment:

        Amend by inserting the following after the second section of the Ordinance, viz:

        And it being the desire of the State of Alabama to form a Provisional Government, and a Southern Confederacy, upon the basis of the Constitution of the United States of America, with such of the slaveholding States as will join in forming the same; and the present resumption of its powers are declared to be for that purpose.

        MR. TIMBERLAKE said:

        In proposing this amendment, he hoped to so explain an ordinance by the adoption of which, Alabama proposes to resume the powers heretofore delegated to the Federal Government, as to confine the future action of the State, in the exercise of those powers, to the formation of a Confederacy of Southern States. He was unwilling to clothe Alabama with those powers for any other purpose; he could but regard the experiment of States, (formerly belonging to the United States,) setting up for themselves separate independent Governments, as being dangerous and unwise in policy, and as it had been a question upon which the parties in this Convention differed in the late canvass, both agreeing that the object and purpose of secession was the formation of a new Confederacy with Southern States. The Ordinance thus explained, will be complete for that purpose. He was willing that Alabama should resume the delegated powers for that purpose and for no other.


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        This Convention has power to adopt all measures for the defence of the interest and honor of Alabama, as well before as after the act of separation.

        MR. WHATLEY said:

        The amendment of the gentleman from Jackson, is already incorporated in the Ordinance proposed by the Committee. The only spirit and object of the Ordinance is to accomplish what the gentleman proposes. It seems that no explanation or solicitations by the Chairman of the Committee, and other members, can suit the taste of the gentleman from Jackson; I therefore move to lay his amendment on the table.

        MR. YANCEY said:

        He was willing to vote for a proposition that it was the desire and intention of the people of Alabama in seceding, to join other seceding States in erecting a Southern Confederacy of States upon the principles of the Constitution of the United States of America. But he could not vote for the proposition of the gentleman from Jackson, [Mr. Timberlake.] because it announced such design as the sole motive in seceding from the Union. He asked the attention of the gentleman from Jackson to this distinction. If he really desired an announcement, upon the part of delegates, that they intended to use all proper efforts to frame a Confederacy of Southern States upon Republican principles, let him alter his amendment so as to express that idea, and he will receive a hearty support from the friends of secession in this Convention. For us to vote for this amendment as now worded, is to ask us to declare a motive for secession which was never entertained by its friends.

        The advocates of secession placed their action upon far higher grounds. They believed that the rights and liberties of the people of Alabama were assailed, and endangered by the Northern majorities, who control a majority of the States, and who are about to control the legislation of the Union.

        Believing this, secession, or withdrawal of the State from under the power of that hostile majority, was advocated purely for the purpose--for the purpose alone--of protecting and preserving the endangered rights of the people of this sovereign State--even though not another State should follow our example. Though this was the sole purpose of secession, yet we all believed that other States would secede, and in that event it was our hope that


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        they would join us in forming a new Confederacy upon old-fashioned Republican principles.

        After a short discussion, Mr. WHATLEY renewed his motion to lay the amendment on the table.

        The ayes and noes were called, and resulted: ayes 62--noes 37.

        Those who voted in the affirmative were Messrs. Brooks, Allen, Bailey, Baker of Barbour, Barnes, Beck, Blue, Bolling, Bragg, Catterling, Clarke of Marengo, Clarke of Lawrence, Cochran, Coleman, Crawford, Creech, Crook, Curtis, Daniel, Dargan, Davis of Covington, Davis of Madison, Davis of Pickens, Dowdell, Foster, Gibbons, Gilchrist, Green, Hawkins, Henderson of Macon, Henderson of Pike, Herndon, Howard, Humphries, Jewett, Jones of Lauderdale, Ketchum, Lewis, Love, McClanahan, McClellan, McPherson, McKinne, Morgan, Owens, Phillips, Ralls, Rives, Ryan, Sheets, Shortridge, Silver, Smith of Henry, Starke, Stone, Watts, Webb, Whatley, Williamson, Wood, Yancey, Yelverton--62.

        Those who voted in the negative were Messrs. Baker of Russell, Barclay, Beard, Brasher, Bulger, Clemens, Coffey, Coman, Crumpler, Earnest, Edwards, Ford, Forrester, Franklin, Gay, Guttery, Hood, Inzer, Jemison, Jones of Fayette, Johnson, Kimball, Leonard, Posey, Potter, Russell, Sanford, Sheffield, Slaughter, Smith of Tuscaloosa, Stedham, Steele, Taylor, Watkins, Whitlock, Wilson, Winston--37.

        MR. YANCEY moved the following amendment, to be inserted immediately after the Ordinance, and before the resolutions:

        "And as it is the desire and purpose of the people of Alabama to meet the slaveholding States of the South, who may approve such purpose, in order to frame a provisional as well as permanent Government, upon the principles of the Constitution of the United States."

        The amendment of Mr. Yancey was adopted.

        MR. WATTS announced the presence of Ex-Governor J. W. Matthews, Commissioner from Mississippi, who was, on motion, invited to a seat within the bar of the Convention.


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        On motion of MR. JEMISON, the Convention then adjourned until to-morrow (Friday), at 11 o'clock, A. M.

FIFTH DAY-JANUARY ELEVENTH.

        The President laid before the Convention the following official dispatches from the State of Florida:

        TALLAHASSEE, Jan. 10.--Florida has seceded unconditionally by a vote of sixty-two to seven.

M. S. PERRY.


        The other was from Hon. E. C. Bullock, Commissioner from Alabama to Florida, precisely similar to the one from Gov. Perry.

        The President announced that the special order before the Convention for this day, was the report of the majority from the Committee of Thirteen, and the Ordinance of Secession.

        MR. JEMISON, who was entitled to the floor, said:

        That he had thought of submitting to the Convention, this morning, some extended remarks touching this most important question; but, upon reflection, he would decline to do so. His own mind had long been made up to acquiesce in whatever the majority of the Convention might do. He was pledged, unconditionally, to his constituents to this course; and he would cheerfully carry out his pledge; and, he trusted, to their satisfaction. He would not only acquiesce himself in the passage of the Ordinance of Secession, but, upon his return to his constituents, he would use all honorable exertions, if need be, to satisfy the people with the action of this body. This he deemed to be his duty, as suggested by every consideration of patriotism. The public welfare demanded unity of action; and, so far as he was concerned, the best energies of his mind would be devoted to that end.

        MR. DARGAN said:

        I wish, Mr. President, to express the feelings with which I vote for the secession of Alabama from the Government of the United States; and to state, in a few words, the reasons that impel me to this act.

        I feel impelled, Mr. President, to vote for this Ordinance by an overruling necessity. Years ago I was convinced that the Southern


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States would be compelled either to separate from the North, by dissolving the Federal Government, or they would be compelled to abolish the institution of African Slavery. This, in my judgment, was the only alternative; and I foresaw that the South would be compelled, at some day, to make her selection. The day is now come, and Alabama must make her selection, either to secede from the Union, and assume the position of a sovereign, independent State, or she must submit to a system of policy on the part of the Federal Government that, in a short time, will compel her to abolish African Slavery.

        Mr. President, if pecuniary loss alone were involved in the abolition of slavery, I should hesitate long before I would give the vote I now intend to give. If the destruction of slavery entailed on us poverty alone, I could bear it, for I have seen poverty and felt its sting. But poverty, Mr. President, would be one of the least of the evils that would befall us from the abolition of African slavery. There are now in the slaveholding States over four millions of slaves; dissolve the relation of master and slave, and what, I ask, would become of that race? To remove them from amongst us is impossible. History gives us no account of the exodus of such a number of persons. We neither have a place to which to remove them, nor the means of such removal. They therefore must remain with us; and if the relation of master and slave be dissolved, and our slaves turned loose amongst us without restraint, they would either be destroyed by our own hands--the hands to which they look, and look with confidence, for protection--or we ourselves would become demoralized and degraded. The former result would take place, and we ourselves would become the executioners of our own slaves. To this extent would the policy of our Northern enemies drive us; and thus would we not only be reduced to poverty, but what is still worse, we should be driven to crime, to the commission of sin; and we must, therefore, this day elect between the Government formed by our fathers (the whole spirit of which has been perverted,) and POVERTY AND CRIME! This being the alternative, I cannot hesitate for a moment what my duty is. I must separate from the Government of the United States, and abandon the Government of my fathers, one under which I have lived, and under which I wished to die. But I must do my duty to my country and my fellow-beings; and humanity, in my judgment, demands that Alabama should separate herself from the Government of the United States.

        If I am wrong in this responsible act, I hope my God may forgive me; for I am not actuated, as I think, from any motive save that of justice and philanthropy!


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        MR. POSEY said:

        Mr. President--Before the vote is taken, I desire to offer some reflections, not arguments, upon this solemn occasion. I admit the time for argument is passed. The test votes taken upon the question clearly indicate the determination of a majority on this floor, to withdraw Alabama from the Government left us by our fathers, and which all here once valued as our richest inheritance.

        "I come to bury Cræar, not to praise him." Mr. President, I know you are a man, having the feelings of a man, and can appreciate the sensations of the minority. Reflect how you would have felt before you had been prepared, head and heart, to dissolve our relations with the Federal Government. We of the minority have not advanced so far; we would make one more effort to preserve the Federal Government, and by united action with the other Southern States, demand and sustain all our just rights; and should such united demands be refused by the States of the North, then to withdraw together from the Union.

        The minority believe the Ordinance of Secession ought to be submitted to the people; our constituents believe the same, and would submit more willingly to the vote of the people themselves. This Ordinance will be more distasteful to them, because they have not been allowed to ratify or reject it. I hope they will acquiesce in the action of a majority of this Convention. Division at home would be worse than Secession; this is the opinion of the minority on this floor, upon mature reflection. The first impression of some of us, was, if the Convention refused to submit the question to the people, to bolt the Convention and return home. This intention we have abandoned; the conciliatory course of the majority on this floor, was wise and prudent, and has induced us to remain; and as we conceive, without being responsible for the Act of Secession, we can stay here and aid in providing for the emergencies of the future.

        MR. JONES, of Lauderdale, said:

        That he had not wasted the time of the Convention by factious opposition to the action of the majority; he did not desire to do so now, yet he thought the act about to be performed would justify him in occupying the time of the Convention for a few moments.

        This had been the most solemn hour of his life--he expected to feel no more solemn when he should stand in the presence of the King of Terrors.


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        We are to sever the ties that have hitherto bound us to the Federal Union, and enter upon an unknown sea of experiment. He would not argue the propriety of that act. The whole history of this Convention proves that the decision is already made--that each member has determined the course he will pursuse, and is prepared to meet the responsibility of his acts both now and hereafter.

        Knowing this, he would not have said one word, but for the fact that it was reported and believed by many, that the constituency he represented were submissionists: this is a great mistake.

        The people of Lauderdale are as jealous of their rights, and as ready to resent an infraction of those rights, as any people represented on this floor--they have solemnly and unanimously declared, time and again, that they would not submit to Black Republican rule on the principles enunciated by that party--they hold doctrines announced in your resolutions of Monday last to be their principles, and stand pledged to maintain them.

        'Tis true, they differ with you about the time and mode of redress; they think that hasty secession is not the proper remedy; they think it unwise, impolitic and wanting in proper courtesy to our brethren of the border States. Thus you see, we do not differ about the fact, but the manner of redress--the remedy. But whether your mode or ours be wisest, he would not argue; that must be left for future history to decide.

        He had been much moved by the remarks offered by the gentleman from Green, [Mr. Webb]. Seventeen years ago he had met that gentleman in the House of Representatives, when they were mere boys; since then, they had met in both ends of the Capitol, and he had ever found him ready to accord full and ample justice to my section. North Alabama had never drawn a draft on him, he did not honor. Then, sir, if the danger which he describes shall befall his section of the State, he will find us ready and willing to share every toil and divide every danger. Though differing totally from the majority on this subject, yet he was a son of Alabama, born and reared upon her soil, he had not, nor expected to live beyond her limits. To her he owned his first allegiance, and through her a second to the Federal Union. When Alabama shall sever this last allegiance and bid him stand in her defence, he had but one course of duty left. When her banner was unfurled he should stand beneath it--her friends should be his friends and her enemies his.

        These opinions were widely known to his constituents, and they sent him here because they endorsed them. He would only add that he had a boy 15 years old now training in your ranks, and


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his mother says that when he is called his father must go with him; and he could not shrink from the responsibility.

        MR. INZER said:

        Mr. President--This is the most solemn period of my life. Although a young man, I have been looking forward for years to a dissolution of the States composing this Confederacy. The Great Compact has already been broken. South Carolina, Florida and Mississippi have seceded, and before the going down of the sun the State of Alabama will have declared her independence, and no longer be one of the United States of America. I am pledged to oppose the Ordinance. I told the people of the county which I have the honor to represent, that if elected, I would most assuredly vote against immediate separate secession; and today I stand here ready to redeem my pledge, and will vote against the Ordinance. But when it becomes the organic law of my State, I will support it, as I believe it to be my duty to do so. I believe the people of my county will stand by the action of the State in her sovereign capacity; and I am in hopes that Alabama will go on with her great work to independence and prosperity. I told the people of St. Clair, [Mr. Inzer's county,] while canvassing the county, that I was in favor of coöperation; but said, if Alabama should secede separate and alone, I would go with her and stand by her in every peril, even to the cannon's mouth; and I now repeat it, I am for Alabama under any and all circumstances.

        MR. SMITH, of Tuscaloosa, said:

        Mr. President--I will not at this time express any argument of opposition I may entertain towards the Ordinance of Secession. I have many reasons for this course.

        I meet here a positive, enlightened and unflinching majority. I have respect for them, and I despair of being able to move them.

        In times like these, when neighboring States are withdrawing one by one from the Union, I cannot get my consent to utter a phrase which might be calculated, in the slightest degree, to widen the breaches at home. My opposition to the Ordinance of Secession will be sufficiently indicated by my vote; that vote will be recorded in the book; that book will take up its march for posterity; and the day is not yet come that is to decide on which part of the page of that book will be written the glory or the shame of this day.

        It is important to the State that you of the majority should be


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right, and that I should be wrong. However much personal gratification I might feel hereafter in finding that I was right on this great question, and that you were wrong, that gratification would indeed be to me a poor consolation in the midst of a ruined and desolated country. Therefore, as the passage of the Ordinance of Secession is the act by which the destiny of Alabama is to be controlled, I trust that you are right, and that I am wrong. I trust that God has inspired you with His wisdom, and that, under the influence of this Ordinance, the State of Alabama may rise to the highest pinnacle of national grandeur.

        To show, sir, that the declarations I now make are not forced by the exigencies of this hour, I read one of the resolutions from the platform upon which I was elected to this Convention:

        "Resolved, That we hold it to be our duty, first, to use all honorable exertions to secure our rights in the Union, and if we should fail in this, we will maintain our rights out of the Union--for, as citizens of Alabama, we owe our allegiance first to the State; and we will support her in whatever course she may adopt."

        Thus, Mr. President, you will observe that the course I now take is the result of the greatest deliberation, having been matured before I was a candidate for a seat in this Convention; and there is a perfect understanding on this subject between me and my constituents.

        It but remains for me to add, that when your Ordinance passes through the solemn forms of legislative deliberation, and receives the sanction of this body, I shall recognize it as the supreme law of the land; my scruples will fall to the ground; and that devotion, which I have heretofore, through the whole course of my public life, given to the Union of the States, shall be concentrated in my allegiance to the State of Alabama.

        MR. GREEN said:

        He would vote against the Ordinance, but would sustain the action of the Convention. His people would ratify and fully endorse it. Mr. G. spoke feelingly, and said he hoped the people of Alabama would be a unit.

        He had been elected as a coöperationist; and would now greatly prefer a consultation with the slaveholding States before he severed the bonds of the Union. But, he would not withhold his acquiesence from the will of a majority here, however much he might be convinced, in his own mind, of the propriety of coöperation. In this great day of interest, it becomes all good men to be united


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in the same ranks to promote the general welfare of the people, and to oppose our enemies in a solid and determined body.

        MR. KIMBALL said:

        Mr. President--The passage of the Ordinance is now a settled fact; and I do not rise, sir, to make factious opposition to its passage. It is due to myself, it is a duty I owe the people whom I represent on this floor, that I should express to this body, the power delegated to me by my people. Now, sir, I represent in part, thirty-three hundred votes, as good and true people to the South as lives on Alabama soil. It is true they were opposed to separate secession; that opposition, nevertheless, made them none the less opposed to Black Republicanism; but in my opinion, the more effectual. In all my intercourse with my fellow-citizens, I found none who did not cordially desire a united South, not a dissenting voice. In the "Advertizer" of this morning, I find a dispatch expressing the opinion of Gen. Scott, who is said to be the great War Spirit, who unhesitatingly says, that with a certain unanimity of the Southern States, it would be impolitic and improper to attempt coercion. This is the effect we expected to consummate by the action of coöperation. We believed it would be effectual with less loss of blood and treasure. Now, sir, to show our sincerity in effectual resistance, I read from the platform, published to the people, on which we went before them for the position we occupy on this floor. One of the resolutions in said platform, says:

        "That in order to secure the coöperation of the South as a unit, and justify ourselves in the eyes of the world, we consider it wise and politic that a general Convention of all the Southern States should be called to adopt an ultimatum to the Northern Republicans, and that unless such ultimatum so presented be adopted, that then our safety, and the preservation of our rights, demand that those rights should be maintained, even if it result in the secession of the State of Alabama and the rupture of the Union."

        Now, sir, this shows a laudable effort on the part of the people of Tallapoosa, to avoid the horrors of war by securing a united action of the South on an ultimatum. The rejection of which, would certainly greatly tend to our unanimity--a most desirable object.

        Another objection I have to the passage of the Ordinance, under existing circumstances, is the evident disposition and settled purpose of this Convention not to submit this Ordinance to the people for their rejection or ratification. It is right and proper, this should be done. The sovereign people of the State of Alabama, on a great question of this sort, should be consulted; they are the parties


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whose interest is to be affected. In this opinion all parties were agreed, and I now read the resolution to which none (of the candidates,) in Tallapoosa objected:

        "That the Sovereignty of Alabama remains with the people thereof, and that the result of the Convention called by the Governor, let it be what it may, should be referred back to the people for their rejection or ratification."

        As one of the Committee of Thirteen, I desired this should be done; but as this Convention has decreed otherwise, as a loyal citizen of Alabama, I must yield; and I am satisfied my constituents will concur, and will stand by Alabama in weal and woe.

        MR. JOHNSON said:

        Mr. President--Similar reasons to those assigned by gentlemen as having influenced them in arriving at the conclusion to sustain the Ordinance when passed, has operated upon and influenced me in forming a similar conclusion. This question differs very materially from all ordinary political questions. To have opposed the policy of separate State secession, before any action taken or expression given by this Convention, was certainly legitimate, and, I think, wise; but having ascertained that there is a well-defined majority of this body in favor of that policy, further resistance should cease.

        It is either factious or revolutionary, or both; and hence, in my opinion, should not be persisted in.

        The minority of this body, with which I have acted, have voluntarily and patriotically pledged themselves, unanimously, to resist abolition aggression.

        We have had an opportunity of expressing our preference as to the mode and measure of resistance which we would offer to present and anticipated aggressions.

        We preferred the calling of a Convention of all, or as many of the slaveholding States, as would meet us in such Convention, in order that we might avail ourselves of their counsel, their grievances, and their simultaneous action. This Convention decided that to be impracticable.

        Then, sir, acting upon the principle that the people are sovereign, and should be permitted to exercise their inalienable right to supervise the action of their agents, in a matter involving their dearest rights and destiny, we proposed to refer the action of this Convention to the people, for their ratification or rejection.

        This was decided to be impolitic or unnecessary. Having thus failed, sir, to induce the Convention to adopt our policy or mode


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of resistance, the alternative is presented: Will we adopt Secession as a mode of resistance? or will we say to the world that we prefer Submission to this mode of resisting abolition aggression?

        I prefer secession to submission, and will not only sustain your Ordinance when passed, but will go farther, and say that, if responsibility attaches to its passage, I will share that responsibility.

        I will vote for the ordinance, believing that Talladega county is unwilling to shun a responsibility which other counties of the State are willing to assume. The entire delegation from Talladega, as well as those from Coosa, will vote for the Ordinance.

        We are not influenced, in casting this vote, by a desire to conciliate the majority here, or to obtain popularity elsewhere, for the records of this body will show our preference, and views as to the mode of resistance which should be adopted. We desire that our common enemy should know and appreciate, that so far as relates to a determination to resist their aggression, there is but one feeling in Alabama: and although we may and do differ as to the means by which we will protect our rights and our institutions, yet I wish them to see and feel that, although our line of policy is rejected by a majority of a Convention of that people. yet we will accept another means and another policy.

        I have no hesitancy in saying, sir, that I believe the entire people of Alabama will sustain this Ordinance when passed, and I humbly hope we may go on in our course of greatness and prosperity, and that this action may redound to the honor and interest of the entire people.

        MR. WATKINS said:

        Mr. President--The Ordinance before us, proposing the severance of this State from a Government so deeply rooted in the affections of the people, is a matter of such grave concern, and involves so many great and vital considerations, as to make it necessary that I, in common with others who have preceded me, should say something touching the vote I am about to give.

        A native of one of the Southern States, who, for more than twenty years of continued residence in this State, has enjoyed her beneficence and protection, because wedded to her soil, identified with her institutions, and, withal, jealous of her honor and watchful in guarding against any infraction of the rights of her people, I feel it to be a duty, no less of affection than gratitude, on this great occasion, to declare the most devoted fealty to her, and to pledge all I have and am in her behalf, whatever may be her fate.

        The constituency I represent--with whose sentiments I fully


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coincide--are deeply and strongly attached to the Union of the American States; and, although they acknowledge and feel that grievous evils exist, which call for prompt and efficient resistance, they believe that a more satisfactory, safe, and effective remedy can be had, by a coöperative effort on the part of all the Southern States, than by the more desperate and hazardous expedient of separate State secession, proposed in the Ordinance before this Convention. I shall vote against the Ordinance, in obedience to the will of the people I represent, and will cheerfully await the verdict of the future as to the wisdom which actuates it.

        MR. BEARD said:

        Mr. President--I came to this Convention a warm friend to the policy of consulting and coöperating with all the slaveholding States, or with as many of them as would agree to meet us for the purpose of consultation. I have labored faithfully to carry out my desires--as much so as any member here; and I still believe that that would be the best, safest and wisest course for Alabama to adopt in this trying emergency. But my opinions in this regard will not lead me to stubborness in my opposition to what this Convention, in its wisdom, may decide to do. That I am, and have been, in favor of resistance to the rule of Black Republicanism, has already been shown by my vote on the resolution which was adopted by this Convention on the first day of our meeting. If this Convention shall decide on immediate secession, as the surest and wisest mode of resistance; and if, in the wisdom of the counsel that prevails here, it shall be decided that this is the remedy for the surest redress of our grievances, while I may not agree to endorse this with my vote, I am the last man in the State of Alabama who would lift a voice of opposition to your decree. I will acquiesce in your action, and I will support, heartily, the State of Alabama, in all the difficulties that may beset her now or hereafter, so long as I am able to raise my voice in her councils or my arm in her defense. And I can safely say as much for the people of my county--who, though by a large majority, have been in favor of coöperation and consultation with the slaveholding States, yet they will earnestly support the State of Alabama in all her troubles, even though the necessities of the times should call them to take up arms, and to muster in the ranks of the army in military array. I, as well as they, will be prepared, under whatever emergencies may arise, to shoulder my musket and to do as good service for our country as any man on this floor. We will be found to be in the rear of none in our readiness to act when the moment of danger comes.


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        I shall vote against the Ordinance of Secession, but to that extent alone will my opposition be carried.

        MR. STEELE said:

        That he would stand with the bravest and truest of Alabama's sons in support of the action of the Convention, and in defence of the honor and independence of Alabama. Though opposed to the Ordinance, and in favor rather of the policy of consulting with the other slaveholding States, yet he would not carry his opinion so far as to embarrass, in any manner, the will of the majority of the delegates in this Convention. In the hour of danger he would know no country but Alabama; and he would be ready, he hoped, to show his allegiance, in some practical way, whenever the State should need his services.

        MR. CRUMPLER said, in substance:

        [Speaking for himself and colleagues,] that he and his colleagues were elected on the coöperation ticket, and had acted and voted with the coöperation party on every measure before the Convention. He now felt it to be his duty, with the facts before him, to vote for the Ordinance of Secession and the resolutions. His colleagues, Col. Taylor and Maj. Leonard, would cheerfully vote with him. We pledge ourselves to do all in our power to induce our constituents to sustain and fully sanction the action of the Convention, believing now that Secession is the only proper and effectual mode of resistance. Our first plan being defeated, we feel bound to vote for prompt and immediate secession--that being the only effectual plan now left us by which to preserve our rights, our honor, our equality and our liberties. Let all patriotic citizens now UNITE AND RALLY, AS ONE PEOPLE, around the standard of free and independent Alabama, and all will be well.

        MR. CLARK, of Laurence, said:

        After having manifested by my remarks of yesterday, a more decided opposition to the passage of the Ordinance of Secession than any other member of this Convention, the observations I am about to make, I trust, may not be deemed wholly inopportune. Sir, I have loved, honored and revered the Union of our fathers. I have cherished it for the good it has accomplished--the liberty it has secured, and the public and private prosperity it has dispensed. The treasure expended in its defence, the privations patriotically


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endured, and the many heroic lives voluntarily sacrificed to purchase the blessings it affords, I have never forgotten, and can never forget.

        Where now are Columbia's classics? What becomes of her legends and her traditions? Where are her anniversaries--her Bunker Hills, her Lexingtons, her Yorktowns? Where, her national airs--her hymns of freedom? Entombed in the storied urns and sepulchres of the Past.

        These recollections will be treasured up in the hearts of our countrymen as the sacred mementoes of a dead friend. They are Liberty's bright gems, sprinkled upon the page of oblivion, which patriotism, in after years, will delight to gather and string around the neck of memory. I have opposed the Secession movement from its incipiency to its completion. Coöperative action I have thought was the better policy, and my opinion is, now, unchanged. I shall vote against the Ordinance. But when the Ordinance shall become the LAW of the State, the same reasons which have been urged with so much force against Secession, apply with equal cogency in favor of acquiescence. Resistance to this Ordinance could only result in strife and dissension among our people. If any one believes that I would be guilty of inciting hostile divisions between different sections of the State, and thus enkindle the flames of civil war throughout the borders of Alabama, he has very much mistaken his man.

        MR. EDWARDS said:

        Mr. President--I have opposed the passage of the Ordinance of Secession in every honorable way that I possibly could. I am opposed to separate State action, but to carry this opposition further, is wholly unnecessary now in this Convention. I have opposed it, sir, because I believed such a course unwise on the part of Alabama. Again, I oppose its passage because in all cases where the fundamental principles of Government are to be changed, such changes should be submitted to the people for their approval or disapproval. It is contended by the friends of the Ordinance, that the majority of the people have spoken out in regard to this matter; but, sir, this is doubtful. Then, sir, as there are some doubts in regard to which way the majority stands in this particular case, I do contend, that the action of the Convention ought to be submitted to the people for their adoption or rejection at the ballot-box. Mr. President, the people whom I have the honor to represent upon this floor, did not presume to think that this Convention would pass an Ordinance of Secession without its reference to


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them; but, sir, they, together with many others in Northern Alabama, will be greatly disappointed in that respect. My constituents made it obligatory upon me, to use my best exertions to have the action of the Convention referred to them. This I have done to the best of my ability. But I, together with the party with whom I have acted, have signally failed. Inasmuch, therefore, as the action of the Convention is final, I am not prepared at this time to say, whether the people of my county will acquiesce in it or not. I know, sir, they are excited to a considerable extent, and when the news reaches my county that Alabama has seceded from the Union. I anticipate the excitement will run much higher.

        Sir, when I return home, I am in duty bound, to state to my fellow-citizens the action of this Convention, and in doing so, I will here state, that I will use no effort on my part to excite them to rebellion.

        MR. RALLS said:

        Mr. President--I rise not for the purpose of making a speech, but simply a remark or two. My position as a delegate, is in some respects peculiar. I am not a coöperation secessionist.

        The people who have sent me here have no demands to make of the North. One of the resolutions adopted at the meeting nominating me, was that secession was the only remedy.

        Straight-out, was the phrase used in the canvass, instead of separate State action; although it was explained to the people that every State must act for itself, as one State could not for another One word as to the term straight-out. At the time I was nominated, the Union was unbroken, and the subsequent action of South Carolina furnished an example of straight-out secession, as understood by my people; that is to say, secession without an assurance that any other State would assume the same attitude; and against this I was pledged.

        Now, what are the circumstances by which we are surrounded? South Carolina is out; so also is Florida; so also is Mississippi; and there can be no doubt that Georgia, my native State, will take the same proud position next week, and that Louisiana and Texas will follow in rapid succession. Yea, Mr. President, may I not go a step further and say, that there is good ground to hope that the border slaveholding States will wheel into line and unite their destiny with the extreme Southern or cotton States?

        I find then around me the coöperation that my constituents desire--that is, coöperation in seceding.


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        That these seceding States, impelled by a common danger, and attracted by common interests and sympathies, will unite again in the establishment of a republican form of government, thus securing the liberty and peace of the people, is in my mind, a question that admits of no doubt. This opinion has been long entertained, publicly expressed, and the developments of every day confirm me in it.

        The way is clear. I shall vote for the Ordinance.

        MR. SHEFFIELD said:

        Mr. President--I rise with great diffidence, on this occasion, knowing my inability to do justice to the subject before the Convention. I merely wish to state my position before the vote is taken on the Ordinance. I have known, for days, that the Ordinance would pass. I have used every exertion to prevent it, but without a hope of success. I have written home to my constituents, that such would be the case, and asking them whether, in that event, they desired me to sign it. As an individual, I will sustain the action of my State, honestly and zealously; and if war should come, I will not only counsel my people to submit to the decision of the Convention, but to maintain it with arms in the field. I have opposed secession as long as opposition was of any avail. Now that the Ordinance will pass, as a patriot, I feel bound to take the side of my native State in any contest which might grow out of it. I will vote against the Ordinance.

        MR. POTTER said:

        Mr. President--Sir, as every member of this body must necessarily take position, either for or against this measure, by the vote which will very soon be cast, I feel in duty bound to offer some reasons why my vote shall be cast against the passage of this Ordinance at the present time.

        Sir, the decision which we make to-day upon this, in all human probability, the most momentous question that shall ever be settled by the people of Alabama, may, for weal or woe, tell more potently upon all ages to come, than any which will ever claim our consideration or demand our action.

        Now, sir, I desire to say to the members of this honorable body, that when I first entered this Hall I came with decided convictions as to the true policy of our State, in the present emergency; and I am now prepared to state that nothing which has occurred here, nor any developments which have been made elsewhere, have at all changed my previous opinion.


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        I maintain now, as I have maintained before, that separate State secession, if a remedy at all for our political grievances, is not the only remedy--nay, is not the best remedy. And laboring as I do under this conviction, I cannot advocate the adoption of this measure, until I become convinced of my error.

        Sir, there are a few plain, simple propositions which should claim the serious consideration of every member of this Convention.

        First--Our grievances should be redressed. This is what we all desire, and only differ in regard to the proper method to be adopted. For one, I have not been able to see that secession is the best mode, and therefore I cannot adopt it.

        Second--All our rights should be secured and maintained. It cannot be denied that our rights and interests have been disregarded and set at nought by many of our sister States. But can we come up to the full measure of duty, and secure all to which we are entitled by the act of secession? I think not; and therefore I cannot adopt it as our true policy.

        Third--It is very desirable to have security at home. Will secession give us this? It may, or it may not. And it really appears to me, sir, that in this respect we are about to make a very doubtful experiment, which may lead to a most disastrous result. And as there does not appear, to me, to be any positive necessity for taking this course, now, in justice to myself, and to those whom I represent, I feel called upon to oppose it.

        Fourth--Our honor should be vindicated. Now, sir, if secession can be shown to be the best means of its vindication, then will be presented at least one powerful argument in favor of this measure. But I must confess, sir, that to my mind, the truth of this proposition has not yet been shown. There is among men a morbid sense of honor which often leads them to extremes, and involves them in disgrace while they vainly seek to maintain their false views of true honor. Against these false views and fatal extremes, it is the part of wisdom for us to be carefully guarded. Entertaining these views of propriety and prudence, I cannot do otherwise, under present circumstances, than withhold my support from a measure whose wisdom and policy are so doubtful.

        Fifth--We ought to do ourselves justice. Now, it is apparent to me, sir, that the act of secession will cost us such a sacrifice of interest in the public property of the United States, as will do the people of Alabama great injustice. If, sir, this were the only line of policy possible to be pursued, then we should adopt it at once, let it cost what it might; but until we are fully satisfied that no better line of policy can be pursued, we should hesitate to


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adopt a measure so hazardous in itself, and involving so great a sacrifice.

        Sixth--We wish to perpetuate Southern institutions. This, sir, is an imperative duty which we owe to ourselves and to posterity. And the great question for us to solve, is this: Will secession secure the perpetuity of these institutions? Sir, I am so well satisfied that there is a better way, a more certain method of securing this object, so desirable, nay, so necessary, that I cannot give my consent to the adoption of this extreme measure.

        Seventh--We want harmony among ourselves. This, sir, is of so much importance to our success, that, so far as possible, it ought to be secured. In view of the conflicting opinions now so prevalent, I am unable to see how it is possible to do justice to public sentiment if we now pass this Ordinance, and refuse to refer the action of this Convention to the people of the State for their ratification or rejection. And this, sir, will evidently be the result, if this measure shall be sustained by a majority of this body. For these, and other reasons not mentioned, I am constrained, sir, to act upon the principle that what my judgment condemns my hand shall not indorse. I therefore vote in the negative.

        MR. BULGER said:

        Mr. President--Being as I am among the oldest, as well as the humblest of the members of this Convention, it is perhaps proper that I should be one of the last to speak on this, the most important question that has ever been debated in the State of Alabama. Sir, believing as I do, that separate State secession is unwise and impolitic, and not a remedy for any wrong of which we complain in the Union, I deem it unnecessary for me at this time to attempt an array of reasons that bring me to this conclusion. This I did before the people that sent me here. When we had an exciting contest, I told my friends that secession was a vital issue, that they should consider coolly; that if it was decided against them, it would become their duty to acquiesce; that we were all on board of a common bark--if it foundered and went down, we must all go down together; that we could not, if we would, separate our destiny from those with whom we differed. And now, sir, finding as I do, that secession, immediate and separate, without reference to the people for their ratification or rejection, is a foregone conclusion, and having voted against every proposition leading to that conclusion, except one, on which I was prevented voting by severe indisposition, I will now content myself


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with recording my vote against the final act of secession. Havdone so, I will have discharged my whole duty to those whom I represent on this floor. The act of secession having been consummated by the majority of this Convention, whether rightfully or wrongfully, it becomes the action of Alabama; I feel it to be my duty to cease all opposition to that act, and coöperate with the majority, to the best of my ability, in reconstructing a Government adapted to the new state of affairs by which we are surrounded. That done, my first and paramount allegiance is due to the State of Alabama; and if an attempt be made to coerce or invade her, although I am advanced beyond the ordinary age of a soldier, I will seek some humble position in an army of defense, where I can render some service in support of the rights, the interests and the honor of my country.

        MR. WINSTON said, in substance:

        That he would say a few words, now that the important measure for which the Convention was called, was about to be disposed of; that he was opposed to the hasty step about to be taken, and should record his vote against it; that the die was cast--it was the determination of the majority of the Convention to pass the Ordinance of Immediate Secession. That being the will of this Convention, the sovereignty of Alabama, sink or swim, live or die, survive or perish, the same destiny awaited all. He represented a constituency opposed to this hasty dissolution of the best Government the world ever knew; they were a brave and patriotic people, and notwithstanding their veneration for the Union of their Fathers, they, he had no doubt, would acquiesce in and sustain their State in this its final determination; and will rally to the standard of Alabama whenever their services shall be needed to repel Black Republican force, should the same ever be employed to subjugate them. He had contended, and so declared by his vote, that this Ordinance about to be passed, should be referred to the people for their approval or rejection, and that an effort should be made, in the Union, to adjust our existing difficulties with the North, by calling a Convention of all the slaveholding States, and proposing as an ultimatum certain concessions to be made by the Northern people, which, if not granted, then to separate. But these had been voted down by the majority of the Convention, and now the Ordinance of Immediate Secession was about to be passed by that same majority, severing the link which binds Alabama to the Federal Union, and no alternative is now left the minority but to acquiesce in that determined act of the


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majority. This done, Alabama stands forth as an independent sovereignty--in anticipation of which event, he had written to his son, then a cadet at the military academy at West Point, to resign his position there and return home, that he might unite his destiny with that of his native State--that for nearly two years in that excellent school, the knowledge he had acquired of military tactics might be of some service in the approaching stormy times. He assured gentlemen that whatever glory might attach to this act of precipitation, would belong to the leaders of that movement--to all of which they were most clearly entitled.

        In conclusion, he was then ready to record his vote against it.

        MR. DAVIS of Madison, said:

        Mr. President--I, too, have a word to say upon this occasion. I cannot remain unmoved amid such solemn occurrences. I shall speak briefly and I hope frankly. It cannot be denied that circumstances have greatly changed since this Convention met on last Monday. We have seen State after State, in the exercise of its sovereign powers, withdrawing from the Union in the few past days. Florida has seceded; Mississippi has seceded--each by overwhelming majorities. It is now no longer a serious apprehension that Alabama will stand alone in this movement of secession. It is confidently asserted that Georgia and Louisiana and Texas will follow. Under this aspect of the case, it is not remarkable that a great change has also come over the Convention--a change clearly indicated by the speeches that have been this day delivered in this hall.

        I shall vote against the Ordinance. But if Alabama shall need the strong arm of her valorous sons to sustain her in any emergency which, on account of this Ordinance of Secession, may arise within her borders, by which her honor or the rights of her citizens are likely to be endangered, I say for myself and for my constituents--and I dare say for all North Alabama--that I and they will be cheerfully ready to take our part in the conflict. We may not indorse the wisdom of your resolves, but we will stand by the State of Alabama under all circumstances.

        MR. YANCEY said:

        Mr. President--If no other gentleman desires to address the Convention, I will exercise the usual parliamentary privilege accorded to the Chairman of the Committee reporting a measure-- that of closing the debate by assigning a few reasons why the measure before you should be adopted. In common with all others


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here, I feel that this is a solemn hour, and I congratulate the Convention that the spirit that prevails is both fraternal and patriotic--that whatever of irritation or suspicion had prevailed in the earlier hours of our session, has been, in a great degree, dissipated, and has given way to a juster appreciation of the motives and the conduct of each other. In the Committee, the majority yielded to the minority all the time that they desired for deliberation; and since the report has been made, the majority in the Convention has also yielded to the wishes of the minority in this respect, and every delegate, who desired to do so, has addressed the Convention in explanation of his vote, and has taken as much time as, in his judgment, was necessary to his purpose. If, in the earlier stages of our proceedings, it has been thought, as it has been said by some gentlemen, that an undue celerity of movement was pressed by the majority, I beg those gentlemen to believe that this conduct on our part was dictated solely by our convictions of duty, and not from any--the least desire to precipitate others into a vote, before they were prepared to give it understandingly. Time was deemed, by the friends of independent State action, to be either success or defeat in the inauguration of this great movement--success, if there was a prompt and unequivocal withdrawal from this Union--or defeat, if time was used to delay and to dishearten. You who were opposed to such action, from a sense of duty, would necessarily be for all such delays as would aid in accomplishing its defeat; we who were for it, from a like sense of duty, were necessarily in favor of a prompt decision of the question. Each has acted, doubtless, upon well-founded ideas of duty. All that was necessary to a better understanding of each other, was a belief in that fact, a belief in the good faith of each other; and I rejoice that to-day has furnished ample evidence that we now mutually entertain that belief; and, on the part of the majority, I return sincere thanks to the venerable delegate from Lauderdale, [MR. POSEY,] who, though compelled to vote against this Ordinance, yet has characterized the conduct of the majority in this matter, as giving evidence of "wisdom, discretion, and a spirit of conciliation."

        As to the measure itself, [the Ordinance and Resolutions,] whatever of merit it possesses, is the result of consultation between the majority and minority of the Committee. I am sure that the members of that Committee will indulge me in alluding to what passed in its sessions. The majority decidedly preferred to adopt a simple Ordinance of Secession. But determined, for the sake of harmony, to do all in their power to disarm prejudice, and to bring about a fraternal feeling, they did not hesitate to yield their


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own cherished desire in this particular, when my friend from Madison [Mr. Clemens] proposed to amend our proposed Ordinance by adding thereto the preamble and resolutions, which form a part of his report. It is well known that some of the people have been led to believe that the friends of secession desired to erect Alabama either into a monarchy, or into an independent State, repudiating an alliance with other States. As for myself, I can truly declare that I have never met with any friend of secession, entertaining such views. The proposition submitted by my friend from Madison, [Mr. Clemens,] being in perfect accordance with the wishes and desires of the majority, and amply refuting these misconceptions, the one which we would have preferred to have voted upon separately, was at once agreed to, and the result is, the measure now before us for consideration.

        On the first day of our session a resolution was unanimously adopted, declaring that the people of this State would resist the administration of Lincoln for the causes and upon the principles there enunciated. On the question of resistance, then, there is no difference in this Body--all are for resistance. But there is a difference between members as to the mode, the manner of resistance. Some believe that when the rights of our people are denied or assailed by the parties to the Federal compact, or by the Federal Government, that secession from this compact is the rightful remedy. Others believe that secession is wrong, and that the remedy is revolution. A careful reading of the Ordinance on your table will show, that the resistance therein provided may be called revolution, disunion, or secession, as each member may desire. The caption styles it "an Ordinance to dissolve the Union," &c. In the body of the Ordinance, the people of the State are "withdrawn from the compact," &c. It is true, that the mode of resistance is organic; it is an organic coöperation, not of States, but of the people of this State in resistance to wrong. In this respect it harmonizes differences. Another difference, both in the popular mind and in that of delegates, is, that resistance should be by coöperation of States, and not by independent State action. That difference has been harmonized by the conjunction of the Ordinance and Resolutions, as reported by the Committee. Coöperation and separate State action, as far as they can be effected, under our obligation to the Federal compact and in harmony with the principles of State sovereignty, have been joined in this measure. It is true, there are a class of coöperationists, whose views are not met by this measure--those who have advocated coöperation to secure submission--to defeat resistance. But there are none of that character here. While the friends of independent


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State action in this Ordinance do obtain a declaration as to the rights of the people of Alabama; and as to our determination to sustain them, the friends of coöperation, for the purpose of effectual resistance, also obtain a declaration of our desire and purpose to unite with all of the slaveholding States who entertain a like purpose, in confederated or coōperative resistance, and in a confederated government upon the principles of the Federal Constitution.

        As far as it was possible, then, to do so, without yielding principles, the friends of resistance have used every reasonable effort to meet on a common ground. And I rejoice in the belief that the effort has been successful, and that there will be a far greater unanimity manifested when the vote shall be taken on this measure, than was even hoped for, when we first met in this Hall-- From the remarks of gentlemen to-day, many will be compelled to vote against this measure by reason of instructions of their people, who otherwise would vote for it. I sincerely respect these motives, and think that those occupying such positions act correctly in their premises.

        Mr. President, we are fortunate in having the example of our Revolutionaay fathers sustaining the plan of action here proposed --separate State action and then coöperation in confederating together. South Carolina, after several months deliberation, with a view to resisting British aggression, formed a State government early in the year 1776. Virginia did so in June, 1776, declaring her separate and independent secession from the Government of Great Britain. Afterwards, on the 4th of July, 1776, the Congress of the United States agreed upon and adopted a joint Declaration of Independence. It was after the colonies had acted separately and independently, that both the Declaration of Independence and the Articles of Confederation and the Constitution of the United States were severally adopted.

        The friends of independent State action have also cause to congratulate themselves, that as far as the people of the Southern States have spoken, they have unanimously expressed themselves in favor of independent State action.

        South Carolina, Mississippi, and Florida, have each already acted independently. In this Convention a majority are known to be in favor of that kind of action. We have already received information that a majority of delegates in favor of such action has been elected, both in Georgia and Louisiana. I commend this significant fact to all who feel disposed to condemn an independent State movement.

        Some have been disposed to think that this is a movement of


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politicians, and not of the people. This is a great error. Who, on a calm review of the past, and reflection upon what is daily occurring, can reasonably suppose that the people of South Carolina, Georgia, Florida, Alabama, Mississippi and Louisiana who have already elected conventions favorable to dissolution, and the people of Arkansas, Tennessee, North Carolina and Virginia were contemplating an assembling in their several conventions, have been mere puppets in the hands of politicians? Who can for a moment thus deliberately determine that all these people, in these various States, who are so attached to their government, have so little intelligence that they can be thus blindly driven into revolution, without cause, by designing and evil minded men, against the remonstrances of conservative men? No, sir! This is a great popular movement, based upon a wide-spread, deep-seated conviction that the forms of government have fallen into the hands of a sectional majority, determined to use them for the destruction of the rights of the people of the South. This mighty flood-tide has been flowing from the popular heart for years. You, gentlemen of the minority, have not been able to repress it. We of the majority have not been able to add a particle to its momentum. We are each and all driven forward upon this irresistible tide. The rod that has smitten the rock from which this flood flows, has not been in Southern hands. The rod has been Northern and sectional aggression and wrong, and that flood-tide has grown stronger and stronger as days and years have passed away, in proportion as the people have lost all hope of a constitutional and satisfactory solution of these vexed questions. In this connection, I would say a few words upon the proposition to submit the Ordinance of Dissolution to a popular vote. This proposition is based upon the idea that there is a difference between the people and the delegate. It seems to me that this is an error. There is a difference between the representatives of the people in the law-making body and the people themselves, because there are powers reserved to the people by the Convention of Alabama, and which the General Assembly cannot exercise. But in this body is all power--no powers are reserved from it. The people are here in the persons of their deputies. Life, Liberty and Property are in our hands. Look to the Ordinance adopting the Constitution of Alabama. It states "we the people of Alabama," &c., &c. All our acts are supreme, without ratification, because they are the acts of the people acting in their sovereign capacity. As a policy, submission of this Ordinance to a popular vote is wrong.

        In the first place, we have gone too far to recede with dignity and self-respect. Such a submission involves delay dangerous to our safety. It could not well be effected before the 4th of March.


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        The policy is at war with our system of government. Ours is not a pure Democracy--that is a government by the people--though it is a government of the people. Ours is a representative government, and whatever is done by the representative in accordance with the Constitution is law; and whatever is done by the deputy in organizing government is the people's will.

        The policy, too, is one of recent suggestion; if I am not mistaken, it was never proposed and acted upon previous to 1837. Certainly the Fathers did not approve it. The Constitutions of the original Thirteen States were adopted by Conventions, and were never referred to the people.

        The Constitution of the United States was adopted by the several State Conventions, and in no instance was it submitted to the people for ratification. Coming down to a later day, and coming home to the action of our State sires, we find another example against such submission. The Constitution of the State of Alabama was never submitted for popular ratification.

        One other and most important consideration is, that looking to the condition of the popular mind of the minority of the people on this question, such a course will but tend to keep up strife and contention among ourselves. Such a submission, it is clear to my mind, will but result in a triumph of the friends of secession--and an additional amount of irritation and prejudice be thus engaged in the minds of the defeated party. Some gentlemen seem to think that in dissolving the Union, we hazard the "rich inheritance" bequeathed to us. For one I make a distinction between our liberties and the powers which have been delegated to secure them. Those liberties have never been alienated--are inalienable. The State Governments were formed to secure and protect them. The Federal Government was made the common agent of the States, for the purpose of securing them in our intercourse with each other, and the foreign powers. The course we are about to adopt makes no war on our liberties--nor indeed upon our institutions--nor upon the Federal Constitution. It is but a dismissal of the agent that first abuses our institutions with a view to destroy our rights, and then turns the very powers we delegated to him for our protection against us for our injury. These powers were originally possessed by the people of the sovereign States, and when the common agent abuses them, it seems to me but the dictate of common sense, as well as an act of self-preservation, that the States should withdraw and resume them.

        The Ordinance withdraws those once delegated by Alabama--and the resolutions accompanying it, propose to meet our sister


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States in Convention, and to confederate with them on the basis of the very Constitution, which was the bond of compact and union between Alabama, and the other States of the Union. We propose to do as the Israelites did of old, under Divine direction--to withdraw our people from under the power that oppresses them, and, in doing so, like them, to take with us the Ark of the Covenant of our liberties.

        There is but one more point upon which I desire to say a few words. My venerable friend from Lauderdale, asked us to forbear pressing the minority to sign the Ordinance, In my opinion it is not a necessity that it be signed by members. Its signature dose not necessarily express approval of the act. Signing it is but an act of attestation, in one sense, as when the President of the Senate signs an act of the General Assembly, which he has voted against. I am willing to vote for all reasonable delay, to enable members to consult their constituents. But I beseech gentlemen to bear in mind that when the Ordinance shall be signed, the absence of the signatures of any members will be a notice to our enemies that we are divided as a people--and that there are those in our midst who will not support the State in its hour of peril. The signature of the Ordinance, while waiving no vote given against it--while giving up no opinion, is an evidence of the highest character that the signer will support his country.

        It will give dignity, strength, unity to the State in which we live, and by which each of its citizens should be prepared to die, if its exigencies demand it. I now ask that the vote may be taken.

        MR. CLEMENS said:

        Mr. President--In many of the sentiments just expressed by the gentleman from Montgomery, [Mr. Yancey,] I concur; in many of them I do not concur; and I think it would have been much better if many of them had not been expressed.

        I have a word or two, sir, which I wish to say, before the final vote is taken upon the Ordinance, giving my reasons for my vote--but I would prefer to state those reasons when my name is called.

        When Mr. CLEMENS' name was called, he said:

        Mr. President--Each member of this Convention, however unpretending may have been the obscurity of his past life, this day writes a name in history which will endure long after we ourselves shall have passed from the stage of action. In honor or


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reproach; in glory or in shame, there it is stamped, and stamped forever. Under such circumstances, I feel that a word of explanation as to my course, will not be out of place.

        I shall vote for this Ordinance; but frankness and fairness requires me to say that I would not vote for it, if its passage depended upon that vote. If it was left to me to decide whether this plan of resistance, or another, should be adopted, I have already indicated a strong preference for that other which you have voted down.

        As matters now stand, my vote will not affect the decision of the question here in one way or the other. I am looking beyond this hall, and beyond this hour. The act you are about to commit, is, to my apprehension, treason, and subjects you, if unsuccessful, to all the pains and penalties pronounced against that highest political crime, or noblest political virtue, according to the motives which govern its commission. Whatever may be my opinion of the wisdom and justice of the course pursued by the majority, I do not choose that any man shall put himself in danger of a halter in defence of the honor and rights of my native State, without sharing that danger with him.

        I give this vote, therefore, partly as an assurance that I intend in good faith to redeem the pledge which I have made again and again, in public or in private, in speeches, and through the press, that whenever the summons came to me to defend the soil of Alabama, whether it was at midnight, or at mid-day--whether I believe her right or wrong, it should be freely, promptly answered.

        Sir, I never had a doubt as to the course it became me to take in such an emergency as this. I believe your Ordinance to be wrong--if I could defeat it, I would; but I know I cannot. It will pass, and when passed it becomes the act of the State of Alabama. As such, I will maintain and defend it against all and every enemy, as long as I have a hand to raise in its defence. As an earnest that I mean what I say, I am about to place myself in a position from which there can be no retreat.

        I have other reasons, Mr. President, which I do not mention here, because to do so would in some measure counteract them. They are known to my friends, and there I shall leave them, until time and the course of events shall render their publication proper. For the present, it is enough to say that I am a son of Alabama; her destiny is mine; her people are mine; her enemies are mine. I see plainly enough, that clouds and storms are gathering above us; but when the thunder rolls and lightning flashes, I trust that I shall neither shrink nor cower--neither murmur


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nor complain. Acting upon the convictions of a life-time, calmly and deliberately I walk with you into revolution. Be its perils--be its privations--be its sufferings what they may, I share them with you, although as a member of this Convention I opposed your Ordinance. Side by side with yours, Mr. President, my name shall stand upon the original roll, and side by side with you I brave the consequences. I vote in the affirmative.

        Mr. YANCEY, by leave of the Convention, corrected a clerical error in the resolution of the Ordinance, by changing "third" to "fourth" day of February.

        The question being upon the adoption of the Preamble, Ordinance of Secession and Resolutions as amended, the vote was taken by ayes and noes, and they were adopted--ayes 61, noes 39.

        Those who voted in the affirmative are: Messrs. Brooks, Baily, Baker, of Barbour, Baker, of Russell, Barnes, Barclay, Beck, Blue, Bolling, Bragg, Catterling, Clarke, of Marengo, Cochran, Coleman, Clemens, Crawford, Creech, Crook, Crumpler, Curtis, Daniel, Dargan, Davis, of Covington, Davis, of Pickens, Dowdell, Foster, Gibbons, Gilchrist, Hawkins, Henderson, of Macon, Henderson, of Pike, Herndon, Howard, Humphries, Johnson, Jewett, Ketchum, Leonard, Love, McClanahan, McPherson, McKinne, Morgan, Owens, Phillips, Ralls, Rives, Ryan, Shortridge, Silver, Slaughter, Smith, of Henry, Starke, Stone, Taylor, Watts, Webb, Whatley, Williamson, Yancey, Yelverton--61.

        Those who voted in the negative are: Messrs. Allen, Beard, Brasher, Bulger, Coffey, Coman, Clarke, of Lawrence, Davis, of Madison, Earnest, Edwards, Ford, Forrester, Franklin, Gay, Greene, Guttery, Hood, Inzer, Jemison, Jones, of Lauderdale, Jons, of Fayette, Kimball, Lewis, McClellan, Posey, Potter, Russell, Sanford, Sheets, Sheffield, Smith, of Tuscaloosa, Stedham, Steele, Timberlake, Watkins, Whitlock, Wilson, Winston, Wood--39.

        Those in italics, who voted for the passage of the Ordinance of Secession, were elected as coöperationists.

        Mr. President BROOKS announced the result of the vote, and that the Ordinance of Secession was adopted, and that Alabama was a free, sovereign and independent State.


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        Mr. YELVERTON introduced the following resolution:

        Resolved, That the secrecy be removed from the proceedings of this day, and that the President of the Convention be requested to telegraph the information of the passage of the ORDINANCE OF SECESSION to our members of Congress, and to the Governors of the slaveholding States.

        Mr. YELVERTON'S Resolution was adopted, and by motion of Mr. Yancey, the doors were thrown open.

        It would be difficult to describe with accuracy the scenes that presented themselves in and around the Capitol during this day. A vast crowd had assembled in the rotundo, eager to hear the announcement of the passage of the Ordinance. In the Senate Chamber, within the hearing of the Convention, the citizens and visitors had called a meeting; and the company was there addressed by several distinguished orators, on the great topic which was then engrossing the attention of the Convention. The wild shouts and the rounds of rapturous applause that greeted the speakers in this impromptu assembly, often broke in upon the ear of the Convention, and startled the grave solemnity that presided over its deliberations.

        Guns had been made ready to herald the news, and flags had been prepared, in various parts of the city, to be hoisted upon a signal.

        When the doors were thrown open, the lobby and galleries were filled to suffocation in a moment. The ladies were there in crowds, with visible eagerness to participate in the exciting scenes. With them, the love songs of yesterday had swelled into the political hosannas of to-day.

PRESENTATION OF THE FLAG.

        Simultaneously with the entrance of the multitude, a magnificent Flag was unfurled in the centre of the Hall, so large as to reach nearly across the ample chamber! Gentlemen mounted upon tables and desks, held up the floating end, the better thus to be able to display its figures. The cheering was now deafening for some moments. It seemed really that there would be no end to the raptures that had taken possession of the company.


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        Mr. YANCEY addressed the Convention, in behalf of the ladies of Montgomery, who had deputed him to present to the Convention this Flag--the work of the ladies of Alabama. In the course of his speech he described the mottoes and devices of the flag, and paid a handsome tribute to the ardor of female patriotism.

        The writer has to regret that he has been unable to obtain a copy of Mr. Yancey's speech, and that he has no notes from which he can make a satisfactory report of it.

        Mr. DARGAN offered the following resolutions:

        Resolved, That the flag presented by the ladies of Montgomery be received, and that the President of the Convention be requested to return to them the thanks of the Convention.

        Resolved, That the flag shall hereafter be raised upon the Capitol, as indicative whenever the Convention shall be in open session.

        MR. SMITH, of Tuscaloosa, said:

        Mr. President--I was not prepared for this surprise. I knew nothing of this intended presentation. The suddenness with which this gorgeous scene has been displayed before us, overwhelms me with emotions that impel me to give utterance to the sentiments that inspire me.

        In looking upon this flag, a thousand memories throng my mind. The battle fields of my country are spread out before me--and amid the smoke and clamor of contending armies, I see floating above a gallant and triumphant soldiery, The Star-Spangled Banner:--a flag sacred to memory, embalmed in Southern song--baptised in the best blood of the greatest nations of the earth, and consecrated in history and in poetry as the herald of Liberty's grandest victories on the land and on the sea.

        Under the Star-Spangled Banner still float a thousand ships, whose appearance is cheered in every port. Under the Star-Spangled Banner, battles have been won, whose victories, as they adorn the annals of an age, proclaim to posterity the untameable valor of an infant people. Under the Star-Spangled Banner, as the lurid eyes of the British Lion have grown dim, British swords have been surrendered:--and, in later days, in the ancient home of kings, on the dismantled towers of dismembered nations, the Star-Spangled Banner in triumph has been displayed.


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        In parting, shall we not salute it?

        Have we no gratitude for the past? No recollection of the glories that have been achieved under the glittering folds of the Star-Spangled Banner? No thanks for the fame that it has brought to the country? In the memory of the gallant soldiers that lie on the field of death, enshrouded in its folds; in the name of Perry and Decatur, of Lawrence and Jackson, and a long line of illustrious heroes--"Let him who has tears to shed, prepare to shed them now"--now, as we lower this glorious ensign of our once vaunted victories.

        We accept this Flag. It is presented by the ladies of Alabama. I see upon it, a beautiful female face.


                         "Oh! woman! in our hours of ease,
                         Uncertain, coy, and hard to please,
                         And variable as the shade
                         By the light quivering aspen made;
                         When pain and sorrow wring the brow,
                         A ministering angel thou."

        Presented by the daughters of Alabama! The history of the world teaches, that in times of trouble and danger to her country, woman is always in the van. Her heroism is reserved for revolutions. She has been known to tear the jewels from her ears, the diamonds from her neck, and the rings from her fingers, and sell them to buy bread for the starving soldier. Nay, in order to aid a struggling army, we see her cutting away the glorious locks that adorn her beauty, and consent even for them to become the "dowry of a second head." What wonder, then, that now, in these stirring times, when "grim visaged war" wrinkles the brow of Peace--what wonder that the daughters of Alabama should thus endeavor to impart to our veins the burning currents of their own enthusiasm! What wonder that they should strive, by these graceful devices of female ingenuity, to lift us up to the height of their own hallowed inspiration!

        We accept this flag; and, though it glows with but a single star, may that star increase in magnitude and brilliancy, until it out-rivals the historic glories of the Star-Spangled Banner!

        Mr. Dargan's resolutions were adopted, and the President deputed Mr. Baker, of Barbour, to return the thanks of the Convention to the ladies.

        Mr. Baker ascended the President's stand, and in a very beautiful and appropriate speech returned to the ladies the thanks of the Convention for their patriotic present. This speech was eminently


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worthy of preservation. The writer of these pages has made several earnest but unsuccessful efforts to obtain a copy of it for publication.

        Amid the wild enthusiasm that had taken as well possession of the hall as of the streets and the city, the Convention adjourned.

        The roar of cannon was heard at intervals during the remainder of this eventful day. The new flag* of Alabama displayed its virgin features from the windows and towers of the surrounding houses; and the finest orators of the State, in harangues of congratulation, commanded until a late hour in the night the attention of shouting multitudes. Every species of enthusiasm prevailed. Political parties, which had so lately been standing in sullen antagonism, seemed for the time to have forgotten their differences of opinion; and one universal glow of fervent patriotism kindled the enraptured community.

        *The writer will be pardoned for appropriating a corner on this page to the preservation of the Sonnet below. He knows of no better location for it. And perhaps only the fervor of such enthusiasm as prevailed at this time, could tolerate the extravagant hyperbole.


THE LOST PLEIAD FOUND.


                         Long years ago, at night, a female star
                         Fled from amid the Spheres, and through the space
                         Of Ether, onward, in a flaming car,
                         Held, furious, headlong, her impetuous race:
                         She burnt her way through skies; the azure haze
                         Of Heaven assumed new colors in her blaze;
                         Sparklets, emitted from her golden hair,
                         Diffused rich tones through the resounding air;
                         The neighboring stars stood mute, and wondered when
                         The erring Sister would return again:
                         Through Ages still they wondered in dismay;
                         But now, behold, careering on her way,
                         The long-lost PLEIAD! lo! she takes her place
                         On ALABAMA'S FLAG, and lifts her RADIANT FACE!


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SIXTH DAY--JANUARY TWELFTH--OPEN SESSION.

        Mr. Cochran, from the Committee to wait on the Commissioners from Georgia and Mississippi to this State, introduced to the Convention Gen. J. W. A. Sanford, Commissioner from the State of Georgia, who addressed the Convention upon the subject of his mission.

        The Reporter regrets that he has been unable to procure a copy of Gen. Sanford's speech on this occasion. It was listened to by the Convention with profound attention. At the close of the address, there was an interesting colloquy between the Commissioner and Judge Posey, touching the coast defenses of Georgia.

        Mr. Dargan read an Ordinance authorizing the Governor to raise one million of dollars for State purposes, by the issuance of State bonds, to run not less than five nor more than twenty years; and the bonds not to be sold at a discount.

        MR. DARGAN said:

        That there was a necessity to raise money. The people would see that such necessity existed, and their patriotism would be equal to the occasion. If Alabama lives, the bonds would be good; if Alabama dies, of course our property, which will be pledged for the bonds, will also die. He wished the people of Alabama to take the bonds, but people of other States should also have the privilege. In South Alabama he knew there was a great deal of money that was lying idle in the hands of trustees and others, which here would find a source of sound investment. He asked the reference of the Ordinance to the Committee of Finance, which was done.

        The following dispatch was laid before the Convention, by the President:

CHARLESTON, January 12, 1861.

        Large steamship off the bar, steaming up; supposed to be the Brooklyn. Expect a battle.

R. B. RHETT. JR.


        Mr. Watts placed before the Convention the following dispatch:


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HUNTSVILLE, January 12, 1861.

To Gov. A. B. MOORE:

        I leave for Montgomery to-day. It is absolutely certain that Tennessee will go with the South.

L. P. WALKER.


        Mr. Henderson, of Macon, offered the following Resolution, which was referred to the Committee on Foreign Relations:

        Resolved, That the Committee on Foreign relations be instructed to inquire into the expediency of sending a special Commissioner, or Commissioners, to the Territories of New Mexico and Arizonia, for the purpose of securing, if possible, the annexation of those Territories to a Southern Confederacy, as new States, at the earliest practicable period.

        A communication from the Governor was received and read, with reference to affairs at Pensacola, as follows:

Executive Department, January 12, 1861.

To Hon. Wm M. Brooks, President State Convention:

        Sir: The following resolution, passed by the Convention, has just been handed me by the Secretary of that body:

        "Resolved, That the Governor be requested to communicate to the Convention any information he may have as to the condition of military operations near Pensacola."

        I regret that it becomes my duty to inform the Convention that the Federal troops have deserted the Navy Yard and Fort Barancas, and now occupy Fort Pickens, with about eighty men. The guns are spiked at Barancas and the Navy Yard, and the Public Stores removed to Fort Pickens. This fort commands Fort Barancas and the Navy Yard, and can only be taken by an effective force, and by bold and skillful movements.

        Fort Pickens was garrisoned on Wednesday night. Col. Lomax left Montgomery on Wednesday night, at 7 o'clock, with two hundred and twenty-five men, and arrived at Pensacola last night at 10. The three hundred troops ordered from Mobile to the same point, under the resolution of the Convention, were telegraphed, when about to sail for Pensacola, by Major Chase, in command at Pensacola, to remain in Mobile until the receipt of further orders.

        The Governor of Mississippi has ordered troops, at my suggestion, to Pensacola. They will halt at Mobile, I presume, until ordered to sail for Pensacola.

        This is all the information I can give at this time. I expect a messenger to-night with full information.

Very respectfully,

A. B. MOORE



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SEVENTH DAY--JANUARY FOURTEENTH.

        The Convention met in the Senate Chamber to-day, for the convenience of the members of the House of Representatives--the Legislature having assembled in obedience to the call of the Governor. The Senate accommodated itself in the Supreme Court room, and the Judges of that Court held their sittings in the Library.

        Mr. BRAGG, by leave, read dispatches from Mobile, as follows:

Mobile, January 13, 1861.

        To JOHN BRAGG--Have you passed the Ordinance for collection of duties, clearance of vessels, and disposing of United States property? I have resigned, and I hold treasure for the State, waiting its instructions. Please answer.

THADDEUS SANFORD.


        Mr. BRAGG, by leave, offered the following Resolution, which was adopted:

        Resolved, That the Chairman of the Committee on Imports and Duties be authorized to transmit to Thaddeus Sanford, the Collector of the Port of Mobile, a telegraphic dispatch informing him of the passage of the above Ordinance, and requesting him to repair to this city immediately, to confer with the Committees on Commerce and Finance, and Imports and Duties, in reference to matters appertaining to his office, and the interests of the State.

        Mr. BAKER, of Barbour, by leave, read a dispatch from Gov. Perry of Florida, as follows:

TALLAHASSEE, FLA., January 14, 1861.

To Gov. A. B. MOORE, Executive Department.

        Telegraph received. Can you send (500) five hundred stand of arms to Col. Chase?

M. S. PERRY.


        The communication from Messrs. Pugh and Curry, former members of Congress from this State, was read as follows:

Montgomery, Ala.
January 10, 1861.

Hon. Wm. M. Brooks,
President of the Convention:

        SIR--In response to the Resolution, adopted by the Convention,


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requesting us to communicate, in writing, any facts or information which may be in our possession, touching the action of Congress and the purpose of the Black Republican party, which would aid the body in its deliberations; we state, with a due appreciation of the high compliment contained in such a request, that the facility and frequency of communication between this city and Washington, are so great as to render accessible to every reader of the public prints, nearly every source of information which is open to a member of Congress.

        It gives us pleasure to comply, so far as we can, in presenting the object of your assembling.

        Early, in the session, a Committee of Thirty-three was appointed by the House of Representatives to consider the perilous condition of public affairs and report thereon to the House. The materiel of that Committee represented the conservatism of the Union men, South, and the Republicans, North. After frequent attempts to agree on some adjustment of political difficulties, several Southern members withdrew from its deliberations, and the Committee at last utterly failed to adopt or agree upon any terms satifactory to the most moderate and yielding.

        At a later day, a Committee of Thirteen, for a similar purpose, was appointed by the Senate. It was composed of the representative men of both sections and all parties, and after several fruitless and earnest efforts, reported inability to agree upon any plan of settlement.

        The belief prevails with no well informed man of either section in Congress, excepting those who are willing to submit without terms to the election of Lincoln and Hamlin, that any settlement can be had in the Union.

        The determination is universal with the Republicans of all degrees of hostility to slavery, to abate nothing from their principles and policy, as defined in the Chicago platform. It is the fixed purpose of the Republican party to engraft its principles and policy upon the Federal Government. Prominent Republicans have represented to us, that if they were faithless enough to retract from the platform on which they obtained power, their constituents would crush them.

        We have been assured by many resistance men in the Border Slaveholding States, that they have no hope of a settlement of existing difficulties in the Union, and are anxious for the Cotton States to secede promptly. Some favor, or have favored, a consultation of all the Southern States to negotiate for new guaranties, with but little or no expectation of obtaining them, but for the purpose, in the event of failure, of securing the ultimate contemporaneous


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secession of such States. Our settled conviction is, that a large majority of our friends in the Border States, disposed to resist Republican ascendancy, desire the immediate secession of the Cotton and Gulf States; in which event, the only question left for such States will be to select between the seceding and friendly States and a hostile government; and on the determination of that issue, there will be but an inconsiderable opposition.

        It is the concurrent opinion of many of our friends in the Border and Northern States, that the secession of the Cotton States is an indispensable basis for a reconstruction of the Union. Possibly the most important fact we can communicate is, that the opinion generally obtained in Washington, that the secession of five or more States would prevent or put an end to coercion, and the New York Tribune, the most influential of Republican journals concedes that the secession of so many States would make coercion impracticable.

We have the honor to be, most respectfully,
Your obedient servants,

J. L. PUGH,
J. L. M. CURRY.


        After the reading, the document was laid on the table.

        MR. DOWDELL offered the following resolution, which was adopted:

        Resolved, by the people of the State of Alabama, in Convention Assembled, That the Commissioners heretofore appointed by the Governor of this State, to the several Slaveholding States, be and they are hereby directed to present to the Conventions of said States the Preamble, Ordinance and Resolutions adopted by the people of the State of Alabama, in Convention, on the 11th day of January, 1861, and to request their consideration of, and concurrence in, the first resolution.

EIGHTH DAY--JANUARY FIFTEENTH.

        Mr. COCHRAN, from the Committee on the Constitution, reported the following Ordinance, which was adopted:

        An Ordinance to change the oath of office in this State.

        Be it declared and ordained, and it is hereby declared and ordained by the people of the State of Alabama, in Convention assembled.


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That the first Section and sixth Article of the Constitution of the State of Alabama be amended by striking out of the fifth line of said Section the words "Constitution of the United States and the," after the word "the" and before the word "Constitution" where they occur.

        And be it further ordained as aforesaid, That all officers in this State are hereby absolved from the oath to support the Constitution of the United States heretofore taken by them.

RESIGNATION OF MR. FOWLER.

        The President read the following communication from the Secretary:

Montgomery, January 15, 1861.

Hon. Wm. M. Brooks, President Convention--

        Sir:--I have received a notification that my company the "Warrior Guards," Tuscaloosa county, starts to-day for Fort Morgan by order of the Governor, and it is my duty as well as my inclination to join it forthwith.

        I therefore resign my place as Secretary to your honorable body.

Respectfully,

W. H. FOWLER.


        Mr. HENDERSON, of Macon, offered the following resolution, which, on motion of Mr. Clemens, was laid on the table:

        Resolved, That in accepting the resignation of the Principal Secretary, Mr. W. H. Fowler, who has tendered the same for the purpose of obeying the call of our State to defend her from invasion, and while we entertain a high appreciation of his services as an officer of this body, we yield to the exigency which deprives us of his able services; and our best wishes accompany him to the post of danger to which he is called.

        The President afterwards read the following letter from Mr. Fowler:

Montgomery, Ala., January 15, 1861.

Hon. Wm. H. Brooks--

        Sir:--Learning through yourself that my resignation as Secretary, for the purpose named, was not accepted by the Convention, I beg to say that, fully appreciating the kindness of those who desire me to remain in this position, yet, I feel in honor bound to join my company, and with due respect to the Convention I must do so.

Very respectfully,

W. H. FOWLER.



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        On motion, the resolution offered by Mr. Henderson, of Macon, was taken up and adopted.

        Mr. WHATLEY moved to go into the election of a Secretary, which was adopted, and the name of Mr. A. G. HORN, of Mobile, being put in nomination, he was elected by acclamation, there being no opposition.

        Mr. YANCEY made a report from the Committee of Thirteen upon the formation of a Provisional and Permanent Government between the seceding States--and on his motion the Report and Ordinance were laid on the table, and 200 copies ordered to be printed for the use of the Convention.

        Mr. POSEY, by leave, introduced "An Ordinance to prohibit the African Slave Trade," and asked to have it made the special order of the day for Monday next.

        On motion of Mr. WHATLEY, it was referred to the Committee on Foreign Relations.

        Mr. HENDERSON, of Macon, introduced "An Ordinance providing for a Council of State," which, on his motion, was referred to the Committee on Military Affairs.

NINTH DAY--JANUARY SIXTEENTH.

        The Convention having assembled in the Hall of the House of Representatives, [for the accommodation of the Legislature and the large audience,] on motion, a Committee of three, consisting of Cochran, Herndon and Bailey, were appointed to wait upon Ex-Gov. Matthews, the Commissioner from Mississippi to Alabama, and inform him that the Convention was ready to hear him.

        On motion, the members of the General Assembly were invited to seats within the Bar of the Convention, on this occasion, and the President of the Senate and Speaker of the House of Representatives, were invited to seats on the stand by the President of the Convention.


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        The Committee having returned, with Ex-Gov. Matthews, he was introduced by the President, and addressed the Convention in an elaborate and eloquent speech in relation to the object of his mission.

        [The Reporter has not been able to obtain a copy of Ex-Gov. Matthews' speech.]

        When Gov. Matthews had spoken about an hour, upon motion by Mr. Whatley, the Convention repaired, in a body, to their own Hall, and resumed a secret session; when the Commissioner continued his address, upon subjects which it was thought advisable should not be made public.

        A message from the Governor communicated resolutions adopted by certain Southern Senators, and a letter from Senator Clay, which were read, and, on motion of Mr. Morgan, they were referred to the Committee on Foreign Relations.

        On motion, by Mr. Yancey, the special order of the day, being the Report of the Committee of Thirteen, "upon the formation of a Provisional and Permanent Government between the Seceding States," was taken up.

        The following is the Report:

REPORT AND RESOLUTIONS.

        From the Committee of Thirteen, upon the formation of a Provisional and Permanent Government between the Seceding States.

        The Committee of Thirteen, beg leave to report that they have had under consideration the "Report and Resolutions from the Committee on Relations with the Slave Holding States," providing for the formation of a Provisional and Permanent Government by the Seceding States, adopted by the people of the State of South Carolina, in Convention, on the 31st December, 1860, and submitted to this body by the Hon. A. P. Calhoun, Commissioner from South Carolina, which report and resolutions were referred to this Committee.

        They have also had under consideration the resolutions upon the same subject, referred to them, which were submitted by the


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delegates from Barbour and from Tallapoosa. All of these resolutions contemplate the purpose of forming confederate relations with such of our sister States of the South as may desire to do so. The only disagreement between them is, as to the details in effecting that object. The Committee unanimously concur in the purpose and plan proposed by the Convention of the people of South Carolina. In the opinion of the Committee, there has never been any hostility felt by any portion of the people of Alabama against the Constitution of the United States of America. The wide-spread dissatisfaction of the people of this State, which has finally induced them to dissolve the Union styled the United States of America, has been with the conduct of the people and Legislatures of the Northern States, setting at naught one of the plainest provisions of the Federal Compact, and with other dangerous misinterpretations of that instrument, leading them to believe that the Northern people design, by their numerical majority, acting through the forms of government, ultimately to destroy many of our most valuable rights.

        With the people of South Carolina, we believe that the Federal Constitution "presents a complete scheme of confederation, capable of being speedily put into operation;" that its provisions and true import are familiar to the people of the South, "many of whom are believed to cherish a degree of veneration for it;" and that all "would feel safe under it, when in their own hands for interpretation and administration; especially as the portions that have been, by perversion, made potent for mischief and oppression in the hands of adverse and inimical interests, have received a settled construction by the South; that a speedy confederation by the South is desirable in the highest degree, which it is supposed must be temporary, at first, (if accomplished as soon as it should be,) and no better basis than the Constitution of the United States is likely to be suggested or adopted." This Convention, in the resolutions accompanying the Ordinance dissolving the Union, has already responded to the invitation of the people of South Carolina, to meet them in Convention for the purposes indicated in their resolutions, and have named Montgomery, in this State, and the 4th day of February, as the appropriate place and time, at which to meet. In fixing the time and place, this Convention but concurred in the suggestions of the honorable gentleman representing the people of South Carolina before this body. We are aware that several of our sister States, which have indicated a disposition to secede from the Union, and have called Conventions of their people, may not be able to meet us, at so early a day; but the great importance to


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the States, which have already seceded, and which are likely to secede by that date, of having a common government to manage their federal and foreign affairs in the emergency now pressing upon them, outweighed, in the opinion of the Committee, the consideration which suggested delay. The Committee more readily came this conclusion, as the Convention which will meet on the 4th of February, will at first be engaged in the formation of a Provisional Government--leaving the more important question of a Permanent Government to be considered of at a later day; by which time it is hoped and believed that all the Southern States will be in a condition to send deputies to the Convention, and participate in its councils. It was thought, also, that the proposition to form the Provisional Government upon the basis of the Federal Constitution, so much revered by all the Southern States, would meet with the approval of all those which may secede. The Committee are also of opinion that the election of the deputies to meet the people of our sister States in Convention, should be made by the Convention. To submit the election to the people would involve a dangerous delay, and it would be impracticable to secure an election by the people before the 4th of February next.

        The Committee, therefore, recommend to the Convention the adoption of the following resolutions,

        Resolved, That this Convention cordially approve of the suggestions of the Convention of the people of South Carolina, to meet them in Convention at Montgomery, in the State of Alabama, on the fourth day of February, 1861, to frame a Provisional Government, upon the principles of the Constitution of the United States, and also to prepare and consider upon a plan for the erection and establishment of a permanent Government for the seceding States, upon the same principles, which shall be submitted to Conventions of such seceding States for adoption or rejection.

        Resolved, That we approve of the suggestion that each State shall send to said Convention as many deputies as it now has, or has lately had, Senators and Representatives in the Congress of the United States; and that each State shall have one vote upon all questions upon which a vote may be taken in said Convention.

        Resolved, therefore, That this Convention will proceed to elect, by ballot, one deputy from each Congressional District in this State, and two deputies from the State at large, at twelve o'clock, meridian, on Friday, the 18th of January, instant, who shall be authorized to meet in Convention such deputies as may be appointed by the other slaveholding States, who may secede from


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the Federal Union, for the purpose of carrying into effect the foregoing, and the resolutions attached to the Ordinance dissolving the Union; and that deputies shall be elected separately, and each deputy shall receive a majority of the members voting.

        MR. JEMISON moved to change the word "for" to "from," where it occurred in the first line of third resolution. Withdrawn.

        MR. SMITH, of Tuscaloosa, renewed the motion, and it was adopted.

        MR. BRAGG, moved to amend the third resolution of the report by inserting in first line, after the word "elect," the words "by ballot, without nomination."

        Pending the consideration of Mr. BRAGG'S proposition to amend.

        MR. YANCEY said:

        That he desired to make a proposition to the members of the Convention, after it had adjourned, which he thought would obviate the objection of the mover of the last amendment.

        On motion, the Convention then adjourned.

TENTH DAY----JANUARY SEVENTEETH.

        The Convention met pursuant to adjournment, and was called to order by the President, at 10 A. M.

        MR. BRAGG, from the Committee on Imports and Duties, to whom was referred the communication of His Excellency the Governor, transmitting to the Convention a telegraphic dispatch from Thaddeus Sanford, the Collector of the Port at Mobile, to the effect, that a draft dated January 7, 1861, for the sum of twenty-six thousand dollars, had been drawn on his office by the Treasury Department of the Government of the United States; and asking to be instructed whether he should pay the same; have had the same under consideration, and ask leave to report:


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        That it appears from the dispatch that the draft was drawn on the 7th of January, inst.; a date anterior to the passage of the Ordinance withdrawing Alabama from the Federal Union. The draft is in favor of the U. S. Navy Agent at Pensacola, and the object of it is stated to be, to pay certain merchants and mechanics in Pensacola, for goods furnished and labor performed for the United States; and certain other merchants in the city of Mobile for supplies furnished by them to the same Government.

        In annulling the office of Collector at the Port of Mobile. as a United States office, and reclaiming that Port as embraced within the jurisdiction of, and appertaining to, the State of Alabama in her sovereign capacity, the Convention, in its Ordinance passed to effect that object, imposed upon the Collector, thereby appointed as an officer of the State, the duty of retaining in his hands, until the further order of the Convention, all such money as might be in his possession at the date of the passing of said Ordinance.

        Under the circumstances by which the Convention was surrounded, it was deemed advisable to pursue such a course, not with a view of laying violent hands upon the funds of the United States in the possession of an officer of the United States, but simply as a measure of self-protection, and with the purpose of facilitating a fair settlement of the various complicated questions that must necessarily arise in the future between the Government from which she has withdrawn and the State of Alabama.

        From the date of this draft, it will be seen that it was drawn before the passage of the Ordinance requiring the Collector to retain such funds in his hands, as well as before the Ordinance of Secession. It will also be seen that it was drawn for certain purposes involving the interests of third parties, who seem to be interposed in such a manner as to take from the case the simple features of a question between the Government of the United States and the State of Alabama. Those parties performed services, and, furnished goods and supplies for the Government of the United States previous to the withdrawal of Alabama from the Union. There was an obligation imposed on the Government, of which Alabama was a constituent part, to pay for this labor and these supplies; and it seems to your Committee that every principle of good faith, and an honest desire to preserve inviolate the sanctity of contract, require that these parties should be paid their just dues. The best way to secure justice to ourselves is, to do justice to others. But, it may be said, why not continue to retain this money, and remit these parties to the Government of the United States, to be paid out of other funds in the Treasury of the Government? The answer is, this is the fund out of which such obligations


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ligations as arise at the points indicated, (Pensacola and Mobile,) are accustomed to be paid; and to which, no doubt, the parties looked when the supplies were furnished and the labor performed. To send these parties back now to the Government of the United States for payment, when the monetary affairs of the country are in such a condition, that men of the amplest means and largest credit are scarcely able to sustain themselves; to require them to rely on the crippled treasury of a mere fragmentary Government for payment; when the obligation was incurred when that Government was a whole, and when such a course would amount to an indefinite postponement of payment, seems to your committee to involve the grossest injustice to those parties, as well as a departure from the manifest policy that should govern the action of the Committee in its relations with the Government of the United States as well as our own people.

        The Committee have accordingly instructed me to report the following resolution to the Convention, and ask its adoption:

        Resolved, That in response to the dispatch received from T. Sanford, Collector of the Port of Mobile, in reference to a U. S. Treasury draft, bearing date the 7th January, 1861, drawn on his office for the sum of twenty-six thousand dollars, the Governor be authorized to inform him that it is the sense of this Convention that he pay the same.

        JOHN BRAGG, Chairmnn.

        MR. JEMISON offered the following resolution:

        Resolved, That the future deliberations and action of this Convention shall be restricted and confined to such changes and modifications of the organic or fundamental law, as have become necessary by the present political status of our State.

        MR. CLEMENS moved to postpone the resolution until Monday next, which was carried.

        MR. KETCHUM offered the following resolution:

        Resolved, That the Ordinance of Secession adopted on the 11th instant, be ordered to be engrossed on parchment--sealed with the Great Seal of the State--and at 12 M., on Saturday next, the 19th day of January, instant, in the hall of the House of Representatives, publicly, and in the presence of all the public authorities of Alabama, be signed by the members of the Convention who may desire to do so at that time.


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        MR. PHILIPS moved to amend by adding the words "and that afterwards it lie on the table to be signed by such others as may choose to do so," which was accepted.

        MR. MORGAN moved to amend, by striking out all after the word "resolved," and inserting in lieu thereof the following as a substitute:

        That the Ordinance of Secession adopted on the 11th of January, 1861, be engrossed on parchment and laid upon the table to be signed by such members of the Convention as may desire to do so, during or before the final adjournment of this Body.

        This substitute was adopted.

PROVISIONAL AND PERMANENT GOVERNMENT.

        At the suggestion of Mr. YANCEY, the President now announced as the special order, The Report of the Committee of Thirteen, on the formation of a Provisional and Permanent Government between seceding States.

        The question was on MR. BRAGG'S motion pending, to insert after the word "elect" in the first line of third resolution, as per printed report, the following words: "by ballot, and without nomination."

        MR. CLARK, of Marengo, called for a division of the question upon the proposed amendment, so that the sense of the Convention might be taken separately on the two clauses, "by ballot" and "without nomination;" and the words "by ballot" were adopted as an amendment.

        MR. BRAGG withdrew the latter clause, "and without nomination."

        MR. BRAGG moved to amend, by inserting in the second line of the first resolution, after the word "Convention" the words, "on the fourth day of February, at the city of Montgomery."--Amendment adopted.

        MR. JEMISON moved to strike out all after the words "United


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States," where it occurs in the third line of the first resolution; "and also to prepare and consider upon a plan of Permanent Government for the seceding States."

        MR. WHATLEY said:

        Mr. President--I am utterly opposed to the proposition of thee gentleman from Tuscaloosa, [Mr. JEMISON.] I am unwilling that it shall be said by posterity, that we had the power to tear down, but were unwilling to reconstruct a new Government upon the ruins of the old. This was the very argument used by our enemies in the late canvass. They said we intended to destroy this Government, and that chaos and confusion would rule in the place of order and good Government. I am for establishing speedily another Government upon the basis of the old Federal Constitution, and to avoid, if possible, the abuse of it by a fanatical majority. Our people love their Government--they are a loyal and patriotic people--I am ready to give my energies, and my feeble ability, to lay the foundations of a more permanent Government, and that at no distant day.

        It is said that the Border States are not ready to participate in the establishment of a new Government at this time. That may be true, but that is not our fault: we will have the Cotton States by the 4th of February, and with them, we can establish a Government great in resources, and boundless in territory. Gentlemen say our speedy action will tend to drive the border States from us. Not so, sir--our speedy action will be an invitation to them to join us in this great movement. By the formation of a new Government, we offer to the Border States, who join us, a guaranty of protection against Northern coercion and Northern tyranny.

        MR. WILLIAMSON said:

        Mr. President--I should very much regret to see the amendment proposed by the gentleman from Tuskaloosa [MR. JEMISON], adopted. It would, in effect, be declaring to the world, that we are not yet prepared to approach the altar with our sister Southern States, and unite with them in pledging our lives, our fortunes, and our sacred honor, in defence of the course we, but a few days since, deemed it our duty to pursue. If we fail to provide for establishing a Permanent Government at the earliest day practicable, we shall have acted in bad faith to the people, and will subject ourselves to the scorn and contempt of every true


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friend of our cause. During the war of '76, if the colonists had united and presented an unbroken front, the British Lion would have been much sooner expelled--millions saved to the Treasury, and our fathers spared the shedding of much blood--the result of a protracted war, not only with foreign enemies, but traitors in their midst.

        There is no use in disguising the fact: We are in the midst or a revolution; thus far bloodless, it is true, yet its effects are present and palpable. Look, sir, to the deplorable condition of our financial and commercial affairs. Confidence lost, gloom and despair depicted in every countenance. Every intelligent man knows that our great staple ought to have advanced. Yet millions have already been and will continue to be lost to the South by its depreciation, if we do not demonstrate to the World that we are in earnest, and intend, regardless of cost, at every hazard, and to the last extremity, to present an unbroken front in defence of our nationality and rights. This can only be done by establishing a Permanent Government. To-day the people are with us, and expect us to act. If disappointed and left for an indefinite time, surrounded by difficulties more intolerable to an intelligent and brave people than war itself, no one can predict the consequences. Our present position is untenable. We cannot recede. There is no half-way house. Consequently, we must press forward, and my life upon it, that in less than two months, the skies will brighten, and if we are not at peace, we shall find ourselves amply able and fully prepared to conquer a peace.

        MR. JEWETT said:

        Mr. President--I shall support the motion of the gentleman from Tuscaloosa. His amendment affects only the appointment of delegates to a Convention to form a Permanent Government, and leaves those we propose to select, in the resolution before us, full power to organize and put into operation a Provisional Government.

        It is of pressing necessity that we shall have a Provisional Government organized at the earliest practicable period; and that it shall be in the full exercise of its functions before the 4th of March next, when Mr. Lincoln is expected to take control of the Federal Administration of those States which still adhere to the old organization. If our delegates meet in the early part of February next, as proposed in the resolution reported by the Committee, they will have ample time to adopt a plan for the temporary government of those States, which shall, by that time, have dissolved


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their connection with the present United States Government; and to select and place in power able and patriotic men, charged with its administration; and by the time Mr. Lincoln assumes the control of those States united under the old Government, we shall have a new Government for our Gulf Confederacy in operation--with a treasury and an army, capable of protecting us against foreign invasion, and of securing domestic tranquility.

        This same Convention, it is true, might proceed further, and adopt the plan of a Permanent Government, to be submitted to such States as might hereafter withdraw from the old Federal Union, and ask admission into the new one. But when we consider that, at this time, there are only four States in a position to enter this proposed Convention, I think a proper respect to the other slave States demands of us the postponement of our action in the formation of a Permanent Government. I do not wish to defer action to a remote day--but to a day sufficiently far off to enable Georgia, Louisiana and Texas--States whose sympathy with us has already been indicated by their recent elections--to come into our Convention, and take part in the discussions of those questions which must arise in the formation of any system of Government; and which, of necessity, each member of the new Confederacy must feel a vital interest in. But, besides the States just named, we ought not to ignore the claims of Virginia, North Carolina, Tennessee and Arkansas, which are moving in the same direction as the Gulf States; and although they have not called Conventions, up to this time, I am not hazarding too much to say, they will, in a short time, do so.

        There are within the limits of those States, men as true and reliable as any we have within our borders!--men who have taken the front rank in the advocacy of immediate secession, and whose influence, we may confidently expect, will be all powerful in placing their States, in good time, along side of ours.

        The States have a right, I say, to be heard in the formation of the new Government--they must pursue a similar policy--they have a kindred blood--and above all, upon the great question of the day--that involving the perpetuity of our domestic institution of slavery--they are bound to us by every tie of feeling and interest; shall we not extend an invitation to them to join us in laying the formation of a Gulf Confederacy that shall embrace every slave State?

        Mr YANCEY said:

        Mr. President--The people of South Carolina have invited the


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people of Alabama to meet them in Convention to frame Provisional and Permanent Governments for the seceding States. In the resolutions accompanying the Ordinance dissolving the Union--the Ordinance of Secession--this Convention accepted that invitation; and adopting the suggestion of the Commissioner from South Carolina, we invited those, as well as the other Southern States, to meet us in Convention in this city, on the 4th of February, 1861, for the purpose of framing Provisional and Permanent Governments, for our common future peace and security.

        The object of the report and resolutions now under consideration, is simply to carry into effect the design then and thus announced; and therefore, no delegate who voted for the Ordinance and Resolutions attached can consistently vote against the report.

        Several objections have been urged against the report, which I propose briefly to consider. One is, that by the report deputies to that Southern Convention are to be elected by this body, and not by the people; and also that no provision is made for the election of another Convention to consider the plan for the Permanent Government to be submitted for ratification. The points are correctly stated, but constitute no objection with me. The people have had this question of secession before them for a long time, and have maturely considered it in two late elections, namely: those for Electors of President, and for delegates to this body. The issue was as distinctly made in one as in the other, and in both they decided the issue in favor of secession.

        They have intrusted their delegates with unlimited power--power to "consider, determine, and do whatever, in the opinion of this Convention, the rights, interests and honor of the State of Alabama require to be done for their protection." The laws that authorized the election contained that enumeration of ample authority, and the people endorsed it. We have been selected for our supposed wisdom, experience in public affairs, integrity and courage to take all proper responsibility in the premises. In my opinion, the seven States that will be out of the Union by the 4th of February, will need a common Government in order to meet a common enemy, as soon as one can be organized.--It is plain that, with divided councils, and divided resources, and divided action, these States cannot contend against the united power of the Northern States, as well as if they met their enemy with the strength and wisdom of union, in council and action. Hostilities already exist between the seceding States and the Federal Union. Coercion is the policy at Washington. To postpone the meeting of the Southern Convention until we could submit the election of deputies to the people, would postpone its


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meeting till the 4th of March; and that, in my opinion, would be hazardous to the last degree. Such an act would be suicidal--one to be looked for, perhaps, from a friend of reconstruction of the Union, but not from a friend of a Southern Confederacy.

        But, it is said, why not call another Convention to ratify the Permanent Government to be adopted? I answer, because it is unnecessary. A Permanent Government for a Southern Confederacy was looked for by the friends of secession--was spoken of and entered into all the discussions in the late canvass. It was a part of the plan of secession, and when the people decided for secession, they decided for a Southern Confederacy. Therefore, on that point we already know the views of the people, and no new expression of opinion is needed. Neither is such expression needed as to the character of the Permanent Government. That character the people have indicated, and it is expressed in the report--it must be a government as nearly similar as possible to the Federal Constitution. We need no discussion before the people, nor other expression of their views on that point. Besides these views, in themselves conclusive to any mind, no statesman would willingly throw such grave issues before the people after once receiving their decision, until the irritations and prejudices and passions of the previous contest had cooled. It is eminently wise, before throwing off upon the people the responsibilities which attach to us, to consider the condition of the public mind. Gentlemen here have told us of an excited and unhealthy state of public feeling in some sections of the State, and asked time for reflection, in order to its correction. Who is not aware that it was a great misfortune that the election for delegates to this body came off so soon after the heated Presidential contest? Who is not aware that in one section of the State the angry passions and prejudices of that contest entered very largely and almost exclusively in that section into the election for delegates? And is it wise, is it not eminently unwise, to throw this whole question again before such a people, to blow off the ashes and revive once again the glowing embers of that bitter strife?

        There is another reason why I oppose the election of another Convention. Such a proposition has a tendency to reöpen the question of secession, by bringing up the issue of a rëconstruction of the Federal Government. It allows such an issue to be made--it invites it, in fact. And under what circumstances? From the signs of the times, it would seem that coercive measures were to be adopted. If so, about the time of such an election, the people will be bearing the burthens of such a contest. Commercial and agricultural interests will be suffering. Debts will be hard to pay.


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Provisions will be scarce. Perhaps death at the hands of the enemy will have come to the doors of many families. Men's minds, thus surrounded and affected by strong personal and selfish considerations, will not be in that calm and well balanced condition, which is favorable to a correct and patriotic judgment of the question. The very state of things will perhaps exist, which our Black Republican enemies predict will exist, and which they sneeringly rely upon to force our people to ask for rëadmission into the Union. Shall we, the selected friends and deputies of the people, aid these wily and malignant enemies of our State by laying this whole question, as it culminates in its progress, on the very eve of final triumph, back to the consideration of a people thus surrounded and influenced by most unpropitious circumstances? To do so might well accord with the purposes of a friend of the Federal Government, but in my opinion is a policy which every true friend of the people should condemn.

        Mr. President, I avow myself as utterly, unalterably opposed to any and all plans of rëconstructing a union with the Black Republican States of the North. No new guaranties--no amendments of the Constitution--no peaceful resolution--no repeal of offensive laws can afford any, the least, inducement to consider even a proposition to rëconstruct our relations with the non-slave-holding States. This opinion is not founded on any objection to a confederation with States, North of Mason & Dixon's line, on principles mutually agreeable to them; but it is founded on the conviction that the disease, which preys on the vitals of the Federal Union, does not emanate from any defect in the Federal Constitution--but from a deeper source--the hearts, heads and consciences of the Northern people. They are educated to believe slavery to be a religious as well as a political wrong, and consequently, to hate the slaveholder. Mr. Seward was right, when he declared that there was "an irrepressible conflict," which would not cease until slavery was exterminated. But, sir, the elements of that conflict are not to be found in the Constitution, but between the Northern and Southern people. No guaranties--no amendments of the Constitution--no compromises patched up to secure to the North the benefits of Union yet a little longer, can reëducate that people on the slavery issue, so as to induce them, having the majority, to withhold the exercise of its power in aid of that "irrepressible conflict." To accept of such rëconstruction would, in my opinion, be but salving over the irritated surface of the deep-rooted cancer, which has been eating into the vitals of the Union, affecting perhaps an apparent, a deceitful cure, while still the loathsome and incurable disease keeps on its fatal progress,


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and daily weakens the body politic, until finally it breaks forth again with renewed, becaused temporarily repressed, vigor and the victim sinks in death.

        One other objection has been raised by my friend from Clarke, [Mr. Jewett,] which would seem to be fundamental in its nature; and that is, that by the fourth of February, but five States will meet on that day, and he cannot consent that five States should make a government for fifteen; for, in his opinion, all the Southern States will secede by the fourth of March; and when they do so, if this report is adopted, ten of them will find a Provisional and perhaps Permanent Government in operation, which they had no voice in making. If the Seceding States had the command of events; if time was to them, at this juncture, a matter of but little moment; if circumstances did not demand extraordinary prompitude and action, in order to give unity, strength and effect to the movements of defence on the part of the Seceding States, I concede that the proposition of my friend from Clarke, would at once command universal assent. But such is not the case. War is already commenced on South Carolina. The same hostile movements have been made upon Florida. We daily hear of preparations for military coercion. The Federal Government seems to be under control of a military chieftain. Prompt action in establishing some common Government is imperiously demanded.

        The resolutions, as they are now presented, it seems to me, obviate the chief force of the objection of my friend from Clarke, in this; that the resolutions indicate the character of both the Provisional and Permanent Government to be formed. They are both to be formed on the principles of the Federal Constitution. This Constitution is well known to all the Southern people. It is reversed by them. There has been no desire to oppose or to alter it. On the contrary, such a policy has always met with public disfavor. The interpretation of that instrument has been generally uniform at the South, ever since the passage of the celebrated Virginia Resolutions of 1798. That Constitution has been uniformly held up by the South, as its great shield and buckler against Northern aggression. The South is content with it now--will be content with it hereafter.

        If all the Southern States were in convention, who doubts that they would unanimously frame the government for a Southern Confederacy upon the principles of the Federal Constitution? None of us doubt it; and if the five or seven States that may assemble in Convention on 4th of February next, do proceed at once to frame a Provisional Government upon the basis of that


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Constitution, and afterwards frame a Permanent Government up on the like principles, who doubts that every seceding State, as it retires from the Federal Union, will at once ask admission into the Southern Confederacy? For one, I do not doubt. One great and prime obstacle to the earlier movements of the border States in favor of secession has been a wide spread belief that the Gulf States designed in seceding, to establish a Government, differing essentially from the Federal Constitution; and especially that the African Slave Trade would be rëopened. I have received many letters from distinguished gentlemen in various parts of Kentucky, Virginia, North Carolina and Tennessee, upon that very point, informing me that, were it not for the fear of the new Confederacy rëopening the African Slave Trade, there would be a much stronger and more general movement in those States in favor of dissolution.

        Those resolutions quiet such fears. The action upon them by the Southern Congress, instead of being an obstacle in the way of other States joining the Southern Confederacy, will be hailed by them with delight--will be considered by them as wise--and will command their respect and admiration, as much as the present Union commanded that of Texas, when she asked admission into the Union, although having had no voice in framing the Constitution. A Southern Confederacy, with the Federal Constitution slightly altered to suit an entire slaveholding community, will be an invitation to Southen States, yet in the Union, to leave it and seek for peace and security and liberty within a Union, having no enemies--no irrepressible conflicts--and being a confederacy of slaveholding States, under the Constitution of our slaveholding sires.

        I now ask that the vote may be taken upon the resolutions.

        MR. JEWETT said:

        Mr. President--I do not wish to be misrepresented, and I do not intend to be misunderstood in my position upon the question under debate. The gentleman from Montgomery intimates that I have receded from my position as an advocate of immediate secession, and that my course to-day, is not consistent with my vote upon the Ordinance of Secession. I deny it. I stand to-day where I stood on the 11th January, and where I have ever stood, at home, in my own county, in the recent canvass. I maintained our right and our duty to secede from the Union, even if we had to take that step alone. In my vote on the Ordinance of Secession, I carried out my opinions by action, and gave to the world


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the only assurance in my power, that I was not disposed to tolerate hesitation or delay upon the great question of withdrawing Alabama from a Federal Union with non-slaveholding States.

        The gentleman says the time at which we were to form this Provisional Government was indicated in the Ordinance of Secession; and that those who voted for that Ordinance are estopped from saying that any other day is suitable or proper for the meeting of that Convention of seceding States.

        It is true that a resolution was reported by the Committee of Thirteen, and attached to the Ordinance of Secession, designating a day upon which we were willing to meet the other seceding States in Convention. But what States did we design to meet in Convention, and for what purpose did we desire to meet them?

        The resolution adopted by us was in response to the invitation extended by South Carolina. Now, what was that invitation? It was in the following words:

        "Resolved, Third, That the said Commissioners be authorized to invite the seceding States to meet in Convention, at such time and place as may be agreed upon, for the purpose of forming and putting in motion such Provisional Government, and so that the said Provisional Government shall be organized and go into effect at the earliest period previous to the 4th day of March, 1861, and that the same Convention of seceding States shall proceed forthwith to consider and propose a Constitution and plan for a Permanent Government for such States; which proposed plan shall be referred back to the several State Conventions for their adoption or rejection."

        In our acceptance of this invitation, we designate such States as we propose to meet in Convention, and embrace therein every one of the fifteen slaveholding States.

        With what show of consistency can we ask fifteen States to meet us in Convention, when it is perfectly apparent that we have fixed a day for their assemblage, so early, that not more than four or five of them can be represented in it?

        I am satisfied that the spirit and meaning of our resolution are fully met when we accept their invitation to join in the formation of a Provisional Government, on the 4th day of February next. And upon examination of the report "from the Committee on Relations with the Slaveholding States, providing for Commissioners to such States," presented to our Convention by the Commissioner from South Carolina, I am confirmed in my opinion. In that respect, the Committee say (referring to certain modifications proposed in the plan suggested for a Provisional Government,)


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"yet these modifications may be safely left to a period when the articles of a Permanent Government may be settled, and that, meantime, the Constitution referred to will serve the purpose of a temporary Confederation, which the Committee unite in believing ought to be sought, through all proper measures, most earnestly."

        That I did not desire or insist on any unnecessary delay, in the formation of the plan of a Permanent Government, will be shown by a resolution I proposed to offer, at the proper time, in case the Convention sustained the motion to amend, offered by the gentleman from Tuscaloosa. That resolution I now have, and I propose to read it, to show what I contemplated doing upon this subject. It reads as follows:

        "Resolved, That this Convention hereby extends, to such slaveholding States as have already withdrawn from the Union, and also to such other slaveholding States as, by the 25th day of February, 1861, shall have withdrawn therefrom, its invitation to meet Alabama in Convention, on the 4th day of March, 1861, at Montgomery, Alabama, to propose a plan for a Permanent Government of such seceding States; which plan of Government, when so formed, shall be submitted to each State respectively, for its ratification or rejection."

        I am not desirous now of postponing the meeting of that Convention beyond a day when we can meet the representatives of such States as have already called Conventions, or which, before the 4th of March next, may call them, in a Federal Congress of Slaveholding States; and I will even go so far as to say, that I do not desire to make choice of new delegates, but am willing that the same delegates whom we elect to frame our Provisional Government, may proceed, after performing that labor, to the consideration of a plan for the Permanent Government. But I desire them to extend invitations to all States which may have seceded, within a reasonable time, to be specified even by them, to whose discretion I am willing to leave the matter, and that they shall adjourn over to a subsequent day, to meet all such representatives as shall then present themselves from seceding slaveholding States, for the purpose of forming a permanent and lasting Government. I have no doubt representatives will be found there from Virginia, and from the other border States, and that we shall have a united South, ready to join in every measure calculated to advance the interests and promote the happiness and glory of the slaveholding States.

        Mr. POTTER offered the following as the substitute for the amendment of Mr. Jemison, and to take the place of the first resolution reported:


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        Resolved, That the Convention cordially approves of the suggestion of the Convention of the people of South Carolina, to meet them in Convention to frame a Provisional Government, upon the principles of the Constitution of the United States; and also, to prepare a plan for the creation and establishment of a Permanent Government for the seceding States, upon the same principles; which plan shall be submitted to the Conventions of such States, for adoption or rejection.

        Mr. JEMISON arose to a point of order; that the substitute was not in order. Overruled.

        Mr. POTTER asked leave to withdraw his substitute. Not granted.

        The question being on substituting the amendment of Mr. Potter, for the amendment of Mr. Jemison, to take the plaee of the first resolution, it was carried without a dissenting voice.

        Mr. YANCEY moved to amend, by inserting, in the substitute, after the word "Convention," in the third line, the words "on the 4th day of February, 1861, in the city of Montgomery." Adopted.

        Mr. JEMISON offered the following amendment to the substitute "Be it further Resolved, That the plan for a Permanent Government proposed by the Conventions of the seceding States, shall be submitted for ratification or rejection to the Legislatures of the several States, or to Conventions hereafter to be elected by the people of the several States, as may be proposed by the Convention of seceding States." This was, by leave, withdrawn.

        Mr. DARGAN moved the following amendment to be added to the substitute, which now stands for the first resolution:

        "And no Provisional Government that may be formed shall be inconsistent with the Constitution of the State of Alabama." Lost.

        Mr. BULGER offered the following, to be added to the last resolution, by way of amendment:

        "The members of which shall be elected by the people."

        On a motion to lay it on the table, the ayes and noes were called.

        Those who voted in the affirmative were Messrs. President, Bailey, Baker of Barbour, Barnes, Beck, Blue, Bolling, Catterling,


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Clarke of Marengo, Cochran, Coleman, Creech, Crook, Curtis, Daniels, Dargan, Davis of Covington, Dowdell, Foster, Gibbons, Gilchrist, Hawkins, Henderson of Macon, Henderson of Pike, Howard, Humphries, Jewett, Ketchum, Love, McClannahan, McPherson, McKinne, Morgan, Owens, Rives, Ryan, Shortridge, Silver, Smith of Henry, Starke, Stone, Watts, Webb, Whatley, Williamson, Winston, Yancey, Yelverton.--49.

        Those who voted in the negative were Messrs. Allen, Barclay, Brasher, Bulger, Clarke of Lawrence, Coman, Crawford, Crumpler, Davis of Madison, Edwards, Ford, Franklin, Guttery, Hood, Inzer, Jemison, Jones of Fayette, Jones of Lauderdale, Johnson, Kimball, Leonard, Lewis, McClellan, Posey, Potter, Russell, Sandford, Sheets, Sheffield, Slaughter, Smith of Tuscaloosa, Stedham, Steele, Taylor, Timberlake, Watkins, Whitlock, Wilson, Wood.--39.

        The question being upon the adoption of the report and amendment,

        Mr. WATTS offered the following amendment, to be added to the last resolution:

        "And that the delegates shall be elected separately, and each delegate shall receive a majority of the members voting."

        And the report and resolutions were adopted. And the Convention adjourned.

ELEVENTH DAY--JANUARY EIGHTEENTH.

        A Message was received from the Governor, by his private Secretary, Mr. Phelan, communicating certain resolutions adopted by the New-York Legislature, which the Governor of said State had sent to him, entitled "Concurrent Resolutions, tendering aid to the President of the United States in support of the Constitution and the Union." [See Appendix.]

        Objection was made to the reading of the Resolutions, and

        Mr. YANCEY raised the question of reception, and moved to lay that on the table, which was done.

        A communication was also received from the Governor, transmitting the report of Hon. E. C. Bullock, Commissioner to the State of Florida, which was temporarily laid on the table. [See Appendix for all reports of Commissioners.]


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        At 12 o'clock, M., the President announced that the hour to go into the election of Deputies to the Convention of Seceding States, to assemble at Montgomery, Alabama, on the fourth day of February, 1861, had arrived.

        MR. JEMISON moved to postpone the election until to-morrow at 12 o'clock, M., which the Chairman (Mr. Smith, of Tuscaloosa, in the Chair,) decided to be out of order.

        MR. JEMISON appealed from the decision of the Chair, and the Chair was sustained.

        MR. EARNEST asked leave to offer a resolution as a distinct proposition, as follows:

        Resolved, That no member of this Convention, or of the present Legislature, shall be eligible to election on a seat in the Southern Congress provided for by the Ordinance adopted by this Convention.

        The question of order was raised.

        The CHAIR (Mr. Smith, of Tuscaloosa, presiding) decided that the Resolution was in order.

        MR. YANCEY appealed from the decision of the Chair,

        The CHAIR stated, that the Resolution would not be in order under Parliamentary usage; but that there had been an agreement in the Convention last night, when the vote was about to be taken on the Resolutions providing for this election, that this Resolution should be considered, if the gentleman from Jefferson desired to press it. On this account, the Chair rules that the Resolution is in order.

        Upon a vote taken on Mr. Yancey's appeal, the Chair was sustained.

        MR. PHILLIPS moved to lay the Resolution on the table, which was lost--ayes 44, noes 55.

        MR. BROOKS, the President, (Mr. Smith, of Tuscaloosa, in the Chair,) moved to amend by striking out "eligible to election on," and insert "shall be elected by this Convention to," which was accepted by Mr. Earnest.


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        MR. JEMISON said:

        That it had been a rule with him, through the whole course of his political and legislative life--a period of near thirty years--never, under any circumstances, to vote for a member of the Legislature for any office created by that Legislature. He had adhered to this rule rigidly, and often at the great sacrifice of personal feeling; for, on many occasions, he had reluctantly been compelled to vote against his best friends.

        There is a law on our Statute Book which positively forbids the election of a member of the Legislature to any office created by the body during the time for which he may have been elected. It is true, that that law does not apply to this case, as a law; but yet, it is a principle, and he must adhere to it.

        If there was any occasion that would authorize a departure from this rule of action, it would be this; for there were many gentlemen here whom I would be glad to see elected to this position--nay, sir, to other and more prominent positions. He might be permitted to refer to one who is at the head of the Military Committee, whose name has been mentioned in connection with a high military appointment. There were many others in our midst who stand no less deservedly high in the public estimation for their abilities and patriotism. Hence, continued Mr. J., though I shall adhere to my rule, I confess that this is an occasion, if any, which might authorize a departure from that rule.

        MR. CLEMENS said:

        Mr. President--I do not consider the adoption of this resolution a matter of the slightest importance in reference to offices which are to be filled by the Convention itself, since it is plain that the same majority who have power to adopt the resolution, have the power to defeat any candidate who may be placed in nomination. I should not, therefore, have participated at all in the debate, if direct allusion had not been made to me by the gentleman from Tuscaloosa [Mr. Jemison.] The terms of the allusion were complimentary, it is true, and for that I thank him; but still, it was so made as to demand some reply.

        I do not agree that there is any propriety in excluding ourselves from offices which are to be filled outside of the Convention, and by a power over which we have no control. There may be some reason for excluding ourselves from offices to which we retain the power of election; but when we have surrendered that power to other hands, the reason is removed, and the disfranchisement


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becomes an act of simple and unadulterated tyrranny. The military appointments referred to by the gentleman from Tuscaloosa, are vested in the Governor. The Military Committee have voluntarily deprived themselves of all voice in their selection, and I think I have a right to say for that Committee, that they have not been swayed one hair's breadth in their action by any consideration but the public good. I do not believe that a single member of it has had any consultation with the Governor, as to the individuals who should be appointed; no one has made a suggestion to, or received an intimation from, him on the subject. Looking alone to the efficiency of our military organization, we vested the appointment of the officers in him, hoping that the discretion thus given him would be exercised wisely, and intending that it should not be obstructed by importunities on our part.

        As to the appointment for Major-General, I must be allowed to say that no man is fit for the office who stoops to seek it. It is one of grave responsibility, surrounded by innumerable difficulties; and it will be a fatal mistake to confer it upon any man from personal or partisan motives. No one should be selected whose qualifications, apart from the recommendation of friends, do not point him out unmistakably as the man for the place and for the times.

        The gentleman from Tuscaloosa has alluded to me in connection with this office. Sir, I have intimated to no one any desire to fill it. I know too much of its responsibilities and its difficulties, and though I have been accustomed to take the one and encounter the other, these are of a nature which I could only be induced to shoulder by controlling considerations of public duty. In the trying times which are before us, I know that my place will be in the field; and I know, too, that there I shall have a position commensurate with any military abilities I may possess, no matter what ordinances you may pass. I have no fears of being overlooked--no apprehensions that my services will be dispensed with; but the passage of this resolution may cripple us in other respects, and, therefore, I shall vote against it.

        MR. STONE said:

        Mr. President--I cannot permit the vote to be taken upon the Resolution of the gentleman from Jefferson, without rising to protest against its adoption. Sir, that Resolution, if adopted, will deprive the State of the services of some of her most talented and eminent sons, and at a time, too, when she peculiarly


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needs in her councils the services of her wise and patriotic men. In the organization of a Southern Confederacy, the State will need her best talent--her men of intellect, her statesmen; and to such alone should be confided the great trust of organizing the new government. It makes no difference where these men are to be found, whether in the Legislature, in this Convention, or elsewhere in the State--if they are the right men, we should call them to the public service, without regard to their being members of this or of any other body. We should have our whole State from which to make our selection of delegates to this Congress, and should not, by the adoption of this Resolution, so restrict ourselves as to be forced to exclude and ostracise some of our most faithful and eminent statesmen. Sir, is the fact that such men have been endorsed by the people, and have come to this body, entrusted with their dearest rights, a reason why we should pronounce them disqualified for the position of Deputy? Not at all. It is rather a recommendation. But we owe it not only to our own State, but to our sister States, whom we are to meet in Convention, and with whom we are to counsel with regard to the rights of all, that we should send our most eminent men to aid in the deliberations of that important body. Sir, as the whole responsibility of this new government will rest upon the secession party, I call upon them to see to it, that the organization of the Southern Confederacy is entrusted to its friends and not to its enemies; to men who have been true to the cause of the South through evil report as well as through good report; to men who are thoroughly identified with it; whose fidelity is above suspicion, and who, in good faith, will use their best efforts to secure the organization of a government that will prove satisfactory to the people. Any inefficiency or failure of this new government--any inconvenience or hardship that may result from its establishment, will be charged upon the Secessionists; and it therefore behooves us to place this work of constructing the Southern Confederacy in the hands of its tried and its best friends. In such hands we should feel that the work was safe and secure. In this way we may obtain a full guarantee that the rights of those whom we represent will be amply protected. Sir, I trust the Resolution will not be adopted. It is unjust to our State, that now, in her perilous condition, she should be deprived of the services of some of her ablest citizens. It is ungrateful to those noble and gallant spirits who, in the face of every sacrifice and of the most bitter denunciations, have accomplished so much for the rights of our people and the honor of our State; that now, at the very moment of the triumph of


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the Southern cause, to which they have ever been so faithful, we should repudiate and discard them as unworthy of the public confidence. Sir, I cannot thus discriminate against our friends.

        MR. MORGAN said:

        He had desired that the Convention would not place any restraint in its action in the selection of deputies to the Congress to meet on the 4th February, by a formal resolution; but he was equally anxious that the selections should be made from persons outside of the Convention and of the Legislature; and had hoped that a tacit agreement on this point would relieve us from all embarrassment. As the resolution had been presented, he would vote for it, if it was kept in its original form, so as to exclude members of the Convention and of the Legislature. If the propositions were presented separately, he should vote against both.

        Our State adopted the principle in its original organization that the Legislature should not fill an office created by itself, from its own membership, existing at the time the office was created. I see no occasion here to depart from this principle of government. I would include the Legislature for many reasons. The most important reason is, that this election ought to go to the people. The people ought to select their deputies. But we have not time to refer the election to the people, and we ought to make the nearest approach we can to them and select the deputies from their midst. They have selected their delegates to this Convention, and their members to the Legislature, because they wanted certain men in certain positions. They had other men to represent them in Congress. We have abrogated these offices, and created others of a similar character under a different Government. As it was under the Old Government, so it should be under the New Government. These representatives should be selected by the people or from the people.

        It is no reflection on the Legislature or the Convention if we go outside of those bodies for our deputies. It is rather a compliment to the State that she has many citizens capable of such high duties. A position in this body ought to gratify any ambition. An honor conferred by this body on one or more of its members would be of great value, I confess; but it would be subject to a decided drawback if we should come under the unjust censure of attempting to elevate our members to posts of distinction, merely because they are members of this body, and we have the power. There are gentleman on this floor whom I would gladly place in any high and responsible position, but their constituents have higher claims


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on them than we have, and they have signified their preference. Let us abide by it.

        MR. BRAGG said:

        That, in rising to submit a few remarks to the Convention upon the proposition under consideration, he begged to be permitted to say that no feeling in reference to himself personally, had the slightest influence on his action here. If he had ever had any appetite for political preferment or high official position, it had long since been appeased. Neither his temperament nor his tastes led him to seek such things: that he was here, a member of this Convention, was owing to no action of his own, but simply because those, whose principles he had been called on to vindicate as corresponding with his own, had invaded his peaceful retirement and demanded such a sacrifice at his hands. In opposing, then, the proposition of the gentleman from Jefferson, [Mr. Earnest,] to exclude members of this Convention and of the State Legislature from eligibility to the office of Deputy to the Southern Convention, he was governed solely by considerations affecting great public interests, and the honor and dignity of the State.

        The same reasons seemed to Mr. B. to justify his opposition to the plan of confining the election of Deputies to the respective Congressional Districts, presented themselves with additional force when applied to the still further restriction now proposed. He had deprecated the first step taken in this direction, because he thought the Convention should allow itself the broadest range of selection; and repudiating mere ideal lines of demarkation, should appropriate the best material, without regard to locality, whereever it could be found in the State. We are engaged here in no every-day work, no ordinary adventure; but States and Nations waited on our action. While the present called aloud on us for the exercise of the best faculties with which God had endowed us, the future no less demanded that we should look well to the instruments we propose to employ to rëconstruct the fabric intended to shelter and protect posterity. He was afraid that gentlemen were taking too narrow a view of the great duty before them. He knew the difficulty of breaking up old habits of thought, and going out of channels along which we have been accustomed to glide smoothly; but new circumstances ought to inspire new ideas. These were no times for resorting to mere routine, to continue to do new what we had always done, simply because there were some who might expect it, and who perhaps had already trimmed their little sails to catch any popular breeze that might be passing by. For his


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part, said Mr. B., he desired the largest liberty on this subject. He was not particular about lines of latitude; if he could not find the right man in South Alabama he would go to North Alabama; if he failed there he would go elsewhere. He protested against all restriction; he wished the whole field to be open for exploration; he wished to seek candidates for this important position, and did not wish to be sought by them--in no other way could this Convention vindicate its own dignity, and at the same time do its duty to the people and the State. Mr. B. said, he was persuaded there was a great error prevailing in the public mind in reference to this matter of confining this action to particular Congressional Districts. Although it had been the uniform custom under the Constitution of the United States, and the laws of the States, to elect members of Congress from the districts in which they resided, yet such limitation was now strictly legitimate; and it would have been allowable had the people desired, and any great emergency required it, for them to have gone beyond the boundaries of any particular district and selected for their suffrages any distinguished citizen in any part of the State whose services they might have deemed it proper to demand. He [Mr. B.] remembered one memorable occasion at least, on which this was done; when the distinguished Wm. B. Giles, of Virginia, was taken up by the people and elected a member of Congress in a district far removed from that in which he resided; and yet we are told we shall be removing ourselves too far from the people in this election unless we give them a member from each Congressional District. Mr. President, said Mr. B., my experience has taught me that the people, when let alone, are often more capable of taking elevated views of public affairs than their agents. It was so in the case of the election of Mr. Giles, and if they could speak to us to-day it would be so now.

        But much, said Mr. B., as he was opposed to being tied down to these Congressional Districts, he was still more opposed to the additional restriction proposed to be placed upon the Convention by the gentleman from Jefferson. And here he was sorry to differ so radically with his friend from Tuskaloosa, [Mr. Jemison,] for whose fine practical talents he entertained the highest respect and with whose views he had very often concurred during the sittings of this Convention. That gentleman had said it was a principle with him, (and no man was more pertinacious in adhering to a principle,) that no deliberative or legislative body should reserve to itself to fill offices, which the body itself had created.--Now, sir, said Mr. B., as a general rule this may be a good one, but who would insist in its universal application? This post of Deputy is not an office of profit; it is not one that can be ranked under


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the head of governmental patronage; it is not one that it will be necessary to fill at stated regular periods--leading to that suit of bargaining and huckstering that we sometimes see in public bodies; but it is one that grows out of a great and extraordinary occasion, not likely soon to recur, and presenting no analogy in any of its features to what we ordinarily denominate public office. Why, then, seek to apply a rigid principle to an exceptional case?

        It would be remembered that before the accession of Gen. Jackson to the Presidency, he enunciated the doctrine, that in dispensing the patronage of the Government, it should be done to the exclusion of members of Congress from all the offices of the country. The theory seemed to be unexceptionable, looking as it did, like a sort of check to that tendency to management and corruption that marked the times. But no sooner had Gen. Jackson reached the chair of State than he was the first to violate his own principle. Looking at the mere abstraction it was well enough, but when he came to work the machine of government, like a man of sense, he looked around for the best instruments, and he selected these from amongst those who by education and experience were best qualified to suit the purpose in view, whether they were found in or out of Congress. That is precisely what we ought to do here. Let us put off these unwise trammels, and take for our Deputies our best and ablest men wherever we can find them.

        Mr. B. said that one idea advanced by gentlemen had greatly surprised him. We had been told that unless we disfranchised the Convention and the Legislature in this election, and went out of them to select these deputies from among the people, we should excite the jealousy of the people, and be wanting in a proper respect for them by showing a disposition to absorb the power which belonged to themselves. Mr. B. took a very different view of that matter; the members of these bodies were the chosen recipients of the people's favor and confidence; they had been selected on account of their wisdom and experience to represent the greatest public interests, many of them for a long series of years. If the object, then, was to vindicate the sagacity and intelligence of the people, how could it be better done than by making this election out of the material they themselves had furnished? It would be a singular way of evincing our respect for the people by rejecting as worthless and counterfeit, that very coin whose face had been stamped by the people's approbation.

        Mr. B. besought gentlemen, then, to lift themselves up to a comprehensive view of the field of action before them. These were no times when we should hearken to the small counsels of small politicians, and give ourselves over to the mandates of cross-road


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caucuses, and little local arrangements looking to the gratification of mere personal ambition, and heedless, of the great interests committed to our charge. Was the poverty of intellect so great in this body that we could find no one here to represent us in this Congress? Was there so little wealth of mind and worth in the Legislature that that body too must be excluded? Mr B. did not know how others felt on this subject, but for himself, when he looked around and saw South Carolina selecting her best men for the approaching Congress--when he reflected that Georgia, whose pride it was to be first among the foremost in the great movements of the day, would unquestionably send to that body her wisest and truest statesmen--when other States all around us might be expected to pursue a similar course--he should feel mortified and humiliated at the spectacle, if our own State, with abundant material out of which to make a most creditable selection, should content herself by sending inferior men to this important body; and dwarf herself down to mere mediocrity, when she ought to present herself as a peer of the greatest and best of her sister States. The State of Alabama is rich in intellectual treasures; let us group them all together; let us take from the mass the purest and brightest jewels, and combining these, let us throw into the approaching Congress all the light we can command. By doing this, we should vindicate the dignity of this Convention, exalt the character of the State, and best consult the honor as well as the interests of the people.

        MR. YANCEY said:

        Mr. President--I am opposed to the proposition of the gentleman from Jefferson upon principle. In its practical operation I have not the least interest. I may say, I hope without being considered as egotistic, that many members of the Convention have expressed a desire to have me elected as one of the deputies to the Southern Convention, and that for reasons satisfactory to myself if not to them, I have positively declined to have my name considered in that connection. I have thought it proper to allude to this, in order that my opposition to this proposition of the gentleman from Jefferson may be considered as upon principle, and not as upon selfish considerations.

        The Southern Congress will be composed of deputies representing the people of Alabama, elected by this body. The people have a right to a selection from their entire number. This proposition adopted will confine that selection to a portion only of the people; to a large portion, it is true, but still it will be a


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restriction to a particular class of the people. Besides, that objection, there is another: it will be a disfranchisement of a portion of the people; a small portion it is true, but still a part of the people; certainly not inferior to any other part of the same number, whether intelligence, skill in public affairs, or patriotism is considered. That this part of the people that will be disfranchised--thus forbidden to aspire to this high trust, loses none of its importance, in that connection, when it is considered that the people have heretofore selected them as worthy of their confidence and trust. They number two hundred and thirty-three, and have each and all received the stamps of public approval, on the very issues which will yet agitate the public mind.

        The great fundamental principle, lying at the foundation of all our institutions, is equality of citizens in our State, and its antagonistic principles. The recognition of privileged classes, has ever met with universal condemnation. That equality of citizenship would be grossly violated by the adoption of this amendment. No matter what course delegates may individually take in making their selection, let us not mar our records by placing upon them such a declaration.

        MR. YELVERTON said:

        Mr. President--It is perhaps proper that I should mention that I did at first favor this resolution, believing that deliberative bodies should not create offices for themselves; and without looking at the question in any other light I so expressed myself to some of the members of this body. But an examination of this question has satisfied me that the object sought to be accomplished by this resolution is not consistent with this view of the subject. I am still free to maintain my own position and approve, with all my heart, the general principle of this resolution. But I am now satisfied that this proposition is full of mischief, leveled at certain gentlemen, or perhaps at a certain gentleman; and not intended to secure fair competion to all. Again, sir, the elections to be made by the Convention, and the places to be filled are of such vast magnitude, that they are placed beyond the reach of ordinary rules, and ordinary considerations; and the men should not be selected from mere favoritism.

        I was for separate State action first, and for the formation of a great Southern Confederacy next; and for everything necessary to accomplish these great purposes. The people, I have the honor to represent, were openly and boldly for these things. As their standard-bearer, by unanimous choice of their own, with these purposes plainly inscribed upon their banner I took it and bore


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it aloft over a field warmly contested. I paid my devotion to it, in open and free discussion, taking issue with Union, coöperation and submission, in all its forms and places. I was sent here to honor, not to dishonor it; the first I will do by being true to its principles, and to its true men; the last I will never do.

        I proudly join my voice and action with those of the gallant and eloquent gentlemen from Pickens, [Hon. L. M. Stone,] and Barbour, [Hon. Alpheus Baker,] and call upon, and appeal to, the gallant and true Secession members of this body to vote this measure down. I ask to make this appeal the more impressive, because of the decided manifestation for its adoption. I make it in good faith, and under the impression that others as well as myself have mistaken the object of the resolution. I shall exempt the gentleman who introduced this resolution from the imputation of mischief-making, and I do this because I know him, and believe him to have been influenced by a different motive; but those gentlemen, who are pressing it so earnestly in an easy, cautious way; I may indulge the belief as to them, that they are not, to say the least of it, prompted by a very great desire to advance the claims of gentlemen, who have been the most prominent in the Secession movement. I could perhaps charge that some men, who were not themselves qualified for seats in the Southern Congress, would aid to crush others, who had the qualification. I might use stronger language, and say, that a very distinguished gentleman was most eminently qualified, and that the object was to victimize him.

        I am opposed, Mr. President, to lend myself directly or indirectly to such a warfare; and if my suspicions be well-founded, the act would be in utter violation of my own sense of propriety. I would be the last to desert the man who has labored most to make Secession prominent. Sir, I not only believe it to be right, but I believe it to be the only remedy--the only passport from vassalage to freedom. The resolution, viewed in any aspect, is proscriptive, and unjust on that account. The State has a perfect right to call into active service the ablest and truest men; and we should keep an eye to the service, and the effect of the service; and in no event proscribe gentlemen because they have been honored with the confidence of the people. We may yet be told that in such men the people had the greater confidence. The resolution is softened by the amendment proposed by the honorable gentleman from Perry, (the President of the Convention,) but sir, I am for an open field, free competition, free choice, and the greatest amount of ability and experience, along with the truest men to the service and the principle. If secessionists believe


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that this resolution is to prevent them from sustaining one or more of the great and gallant men in this body, and the Legislature, who have labored gloriously and successively for the cause, they would certainly do themselves great injustice, do violence to their constituency, and deal oppressively towards their own favorites by voting with their enemies against their friends. Sir, so great is the demand for the most eminent ability in this State, now to be employed in this arduous and exalted service, that if there is even a doubt as to the propriety of the Resolution we should reject it. We ought to move with abundant caution and circumspection. I think it equally clear, that we should not give preference to gentlemen, simply because they are members of the Convention or the Legislative body.

        Mr. President, I warn the Convention to be on its guard. I am in favor of acting out openly and boldly, and for taking my share of all responsibilities in a direct way. No harm can result from rejecting the Resolution. We are now covered up in secrecy. To this I have been, and am opposed, for the reason that I believe that the people, whose rights, interests, and sovereignty are in our hands, have a perfect right to see, hear, and know all that we do for them, and in their name. They may say that they would have protested against such action if they could have had access to us. Vote for, and adopt this Resolution; proscribe your friends, including leaders and the acknowledged champions of your cause; and then when the light breaks in upon your proceedings, well may outsiders exclaim: "the Convention preferred darkness rather than light, because of its deeds were evil." Sir, before I would place myself in that predicament, this right arm should fall from my body. I will not vote for the Resolution as a rule or an expression of opinion. It would work general injustice and special ingratitude.

        There were some other speeches made upon this Resolution, and a great variety of amendments proposed, when Mr. Webb moved the previous question, which was sustained; and upon a vote taken, the Resolution was lost--yeas 46, noes 50.

        The Convention then proceeded to the election of Deputies. The election was commenced on the afternoon of Friday, and completed on Saturday, and resulted in the following selections:

DEPUTIES FOR THE STATE AT LARGE.

        Hon. Richard W. Walker, of Lauderdale.

        Hon. Robert H. Smith, of Mobile.


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DEPUTIES FOR THE DISTRICTS.

        1st. District--Gen. Colin J. McRae, of Mobile.

        2nd. District--Hon. John Gill Shorrer, of Barbour.

        3rd. District--Hon. W. P. Chilton, of Montgomery.

        4th. District--Hon. S. F. Hale, of Greene.

        5th. District--Hon. David P. Lewis, of Lawrence.

        6th. District--Dr. Thos. Fearn, of Madison.

        7th. District--Hon. J. L. M. Curry, of Talladega.

THIRTEENTH DAY--JANUARY TWENTY-FIRST.

        After the adoption of a resolution offered by Mr. Dowdell, to remove the injunction of secrecy as to all previous business of the Convention, the gallery was thrown open.

PROPOSED COUNCIL OF STATE.

        Mr. COCHRAN called up the Ordinance reported by the Committee on the Constitution, to appoint a Council of State.

        Mr. SHORTRIDGE offered the following amendment:

        "Whose duty it shall be, when required by the Governor, to advise with him on all matters which may be submitted to their consideration; and that a record of such consultation shall be kept: Provided, nevertheless, that the Governor shall, in all cases, decide upon his own action."

        Mr. BECK said:

        He was opposed to the amendment offered by the gentleman from Shelby. He saw no good to result from its adoption. The object of the Committee that reported the Ordinance was two-fold: first, to afford the Governor that assistance which he required in the altered state of our affairs, by giving him a Council with whom he could advise and consult, in cases of doubt and difficulty, and at the same time would relieve him of much of the actual labor now incident to his office. Secondly, it was intended, that while the labors of his office were lessened, the Governor should be held to the full measure of all his responsibilities. He is to select his counsellors, and be accountable for his and their conduct. The amendment proposed by the gentleman looks to a


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division of responsibilities between the Governor and his counsellors, the result of which would be unfortunate.

        MR. SHORTRIDGE replied:

        The proposition, Mr. President, which emanated from me, is a copy from the Ordinance adopted by South Carolina, on a subject identical with the Ordinance now under consideration. So far from complicating the matter, as argued by the gentleman from Wilcox [Mr. Beck], its tendency is to make it plain and explicit. It provides that the Council shall advise the Governor, when he demands their advice; that a record shall be kept of their consultations; and, finally, the Governor shall decide on his own action. It occurs to me that it is wise and prudent that a record of the proceedings of the Council should be kept; and it is not less so that the Governor should at last decide upon his own action, and be responsible to the country for that action.

        I can assure the gentleman from Wilcox, that the proposed amendment is not, as he intimates, intended to embarrass the passage of the Ordinance. My course is dictated by no unfriendly spirit. On the contrary, it is to meet and to remove objections which I know to exist in some quarters. For my own part, I am prepared to vote for the Ordinance, with or without the amendment. Public good demands the establishment of a Council; and the sooner the want is met the better. At the same time, however, I prefer to adopt the safeguards which have been thrown around it by the Convention of South Carolina. It is a good example, and those who follow will not greatly err in a crisis like this.

        MR. BAKER, of Russell, said:

        We will probably have no use for this Council. The Governor will soon be surrounded by advisers. He is now surrounded by the wisdom of Alabama; the Convention is here; the Legislature is here; the Supreme Court is here; the Attorney General is here. Certainly, in the civil department, the best judgment in the State is now at the service of the Governor; and there will be no difficulty whatever, in the way of consultations, for every man will feel a pride and pleasure in being called on for his advice touching the interests of the State in this important day.

        But it is said that the Governor, not being a military man, must have military advisers. The answer to that is: we are organizing, with all haste, a Military Board. The military department will soon be in existence, and in active operation. It will be a part of


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the Government; and the Governor and his Council, if he had one, would be compelled to yield, at last, to the edicts of the leaders of the military department.

        If I thought that Alabama would remain separate from the other States, in her independent capacity, I might favor this measure. But it is to be hoped that we will soon be under a National Union. There will then be greater advisers over us; for then the wisdom of the Confederate or Federal Union will dispense its guardian influences to us. Thus, sir, we will have no need whatever for this "COUNCIL OF STATE." The Governor will have the very best advice, without the creation of this new institution.

        Then, if there is no necessity for this, why erect a new and novel department of State, which will necessarily greatly increase our expenses? Sir, the State will suffer no injury by the refusal of this body to adopt this new plan. The people have abundant confidence in the Governor, and he can get along just as well without this Council as with it. Let the wisdom of the past give us confidence for the future.

        We have as yet suffered no terrible convulsions. We have seceded from the Union; that is true, but the sun still rises and sets with its accustomed regularity, and shines with its usual splendor. As long as the elements are not convulsed, there is no necessity of creating a fictitious state of affairs, whose apparent solemnity will be calculated to alarm the people.

        MR. WILLIAMSON said:

        That he could not agree with the gentleman from Russell [Mr. Baker]. The Governor asks our assistance. Doubtless he is of opinion that he needs it, and thinks that it is important for the State that the best and wisest of her sons should be called into Council. This request reflects great credit on the modesty as well as the wisdom of the Governor. The Council should be established.

        It is not contemplated that this institution should be permanent, but only for the time being. The Governor will use them only so long as it may be important for the State.

        This debate was continued for some time by Messrs. Cochran, Webb, Yancey, and others. When, upon a vote being taken, the Ordinance was defeated. Ayes 40--noes 52.


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FOURTEENTH DAY--JANUARY TWENTY-SECOND--OPEN SESSION.

        MR. DARGAN, from the Committee on Foreign Relations, made the following report on an Ordinance referred to the Committee for the prohibition of the African Slave Trade:

        Mr. President--Your Committee to whom was referred an Ordinance to prohibit the introduction into the State of Alabama, of slaves, not born or held to service in any one of the slave States of North America, have had the same under consideration, and have instructed me to report that the power to regulate or prohibit the Foreign Slave Trade will more properly belong to the Confederacy of the Southern Slaveholding States, when formed, than to any single State, and they believe this power will be assumed and exercised by said Government.

        But it is the opinion of your Committee that such trade ought to be prohibited, and by way of expressing such opinion, and to provide, in the mean time, against the opening of such trade, the Committee have instructed me to report an Ordinance upon the subject, and to ask that the same be adopted.

        MR. DOWDELL moved to print 200 copies, and make it the special order for Thursday next, at 11 o'clock, A. M., which was carried.

        MR. JEMISON made the following report:

        The Joint Committee on the part of the two Houses of the General Assembly and this Convention, to confer with each other, to ascertain and fix the respective duties of this Convention, and the General Assembly, having discharged that duty, instruct me to report, that it is understood and agreed between the said Committee representing the General Assembly, and the committee representing this Convention, that the action of the latter body, shall henceforth be confined to such changes in the organic law of the State, as may be demanded by the present exigencies, and that, with this exception and such Ordinancies as have already been adopted by this Convention, the whole business of Legislation will be left to the General Assembly.

R. JEMISON, Jr., Chairman,
on the part of the Convention.

E. C. BULLOCK,
on part of the Senate.

S. F. RICE,
on part of the House of Representatives.



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INSTRUCTIONS TO SENATORS AND REPRESENTATIVES.

        MR. DARGAN, from the Committee on Foreign Relations, reported as follows:

        Your Committe to whom were referred certain resolutions, adopted by many of the Southern Senators and members of the House of Representatives of the Congress of the United States, have had the same under consideration. They believe that the Ordinance of Secession adopted by the people of the State of Alabama, severs completely all the connexion between the State of Alabama, and the Government of the United States. That the State of Alabama is no longer entitled to, and ought not to be represented in the Congress of the United States. Therefore, they have instructed me to report the following Resolution:

        Resolved, That our Senators and Members of Congress of the Government of the United States, at Washington City, be informed that the State of Alabama is not entitled to and ought not to be represented in the Congress of the United States, as one of said United States.

        The report of the Committee was concurred in and the resolution adopted. [For Senator Clay's speech upon withdrawing from the Senate, see Appendix.]

COMMISSION TO WASHINGTON.

        MR. DARGAN, Chairman of the Committee on Foreign Relations reported resolutions to authorize the Governor to appoint two Commissioners to proceed to Washington City.

        MR. SHORTRIDGE enquired:

        Does this resolution emanate from the Committee, or is it an independent proposition of the gentleman from Mobile?--[Mr. Dargan.]

        MR. DARGAN replied:

        The subject was discussed in Committee, and I drew up this as what I supposed to be the sense of the Committee, but I did not read it to the Committee, nor take a vote on it.


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        MR. JEMISON said:

        Then, Mr. President, it is out of order, for it is not in the legitimate line of a Committee's duty to originate business.

        MR. WATTS said:

        I differ with the gentleman from Tuscaloosa, [Mr. Jemison.] What is the use of Committees if they may not originate business? It is true, that usage has adopted a certain degree of formality by which business is brought to the attention of Committees. But these formalities are not essential; they have not matured into absolute rules. They are often inconvenient, and if followed strictly, produce great delays and vexations. Instead of facilitating they retard business, and cramp the action, not only of the Committees, but of any deliberate body who adheres to them as absolutely binding.

        The Resolution embraces a subject of the greatest importance and it ought to have been adopted long ago.

        MR. CLEMENS said:

        I do not favor this resolution. There is no necessity for it. Shall we rëenact the farce which has made the State of South Carolina rediculous? Shall we send a Commissioner to Washington simply that he may be sent back to us? Shall we seek an insult that we ought to know is waiting for us? No, Sir. Let the Government at Washington send Commissioners to us. I do not see what our Commissioners have to negotiate for. The example of South Carolina is quoted. She was differently situated. We have our forts in our own possession, she had not.

        MR. DARGAN said:

        The views of the gentleman from Madison, [Mr. Clemens] have not escaped my reflection. I have worded the Resolution very cautiously. The Governor is not bound to appoint Commissioners immediately. It may or may not be necessary to send Commissioners. But I am not prepared to admit that even the South Carolina Commissioner, Mr. Hayne, did no good by his visit to Washington. Mr. Hayne's Commission was not without its good effects, as will be seen from the correspondence which I read,

        MR. SMITH, of Tuscaloosa, moved to strike out "two" and insert "one."


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        MR. SMITH said:

        Mr. President--I prefer that there should be but one Commissioner. This official will occupy, to some extent, the position of a Minister. He ought to be clothed with sufficient dignity to command attention, and the respect especially of the Government to which he is sent. It will not do to divide responsibilities or honors. Two Commissioners would not command as much respect as one; because the more you concentrate honor, the brighter it is; the more you concentrate authority, the more potent it is. Besides, men do not like to divide their laurels; men do not care to toil for honors unless they have a fair prospect of wearing them. The best way to get good work out of an ambitious man is to crowd him with all the responsibilities, and give him a chance for all the honors.

        Again, sir, there is some trouble in getting audiences with great men. The President can be more easily approached by one man than by two. Conferences are more solemn when the numbers are few; therefore more confidential and more decisive.

        One minister cannot disagree with himself, therefore his councils will not be divided. He has no body to pull him back, therefore he goes forward. He has nobody to lean upon, therefore he depends upon himself. He has nobody to share his defeat, therefore he wars against discomfiture; nobody to divide his honors, therefore he the more eagerly seeks them.

        There is something too in the expense. In excitements, such as those with which we are now surrounded, we are too apt to feel and speak contemptuously of money matters; but true economy is a jewel wherever found. Extravagance of Government is the crying evil of our day. It has been the fatal curse of the Government which we have just broken. Let us avoid this in our beginning. It is no harm to have an eye to the expense. One Minister the less to Washington will give us another for a more important place.

        MR. SHORTRIDGE said:

        That he did not wish to be misunderstood. When he inquired whether or not the proposition was one directly from the Committee, he did not intend to be understood as being opposed to it. He merely wished the Committee to be put right on the subject. He might, and probably would support the resolution.


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        MR. BLUE,

        Concurring with the gentleman from Madison, [Mr. Clemens] and believing that there is no serious necissity for the official proposed thus to be created, moved to lay the resolution on the table.

        MR. WATTS:

        Requested the gentleman from Macon [Mr. Blue] to withdraw his motion a moment. He did not agree with the gentleman from Madison, [Mr. Clemens.] Alabama had heretofore been a member of the United States. Having assumed an independant position, it becomes her duty to let the former Government know her reasons for this, and her policy if need be for the future. Commissioners should be sent to inform the Government at Washington officially, that we have seceded; to propose terms of negotiation, offer plans of adjustment upon different questions; proclaim our Freedom, and demand the recognition of our Independence.

        Such was the course of the fathers of the Revolution. They did not wait for Great Britain to send Commissioners to us. The best men in the new Republic were sent as Ministers to England to seek a restoration of amicable relations; to secure a recognition of Independence, and to establish international Commercial intercourse.

        The State of Alabama having assumed new powers, ought to seek to act up to the dignity of those powers--and to arrest them to the fullest extent--not by words merely but by acts.

        There are many grave and delicate points to be settled between the new and the old Governments. The object asserted in the Resolution is one of the greatest importance, and ought to be attended to at once.

        It is nothing to us whether the Government at Washington refused to receive the Commissioners from South Carolina or not; that refusal is no insult to us, and we should not so regard it. We are not advised that South Carolina has construed the conduct of the Government at Washington towards her Commissioner as an insult. South Carolina is amply able to protect her own honor.

        Sir, let us adopt this resolution. It is our policy not only to seek a peaceable adjustment of our difficulties with the Government at Washington, but we should court alliances of peace with all the world.

        MR. WEBB said:

        Are we prepared to recognise the United States as a Government?


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Certainly. The effect of the Ordinance of Secession is not to abrogate the United States Government. The withdrawal of a State does not necessarily destroy the Government of the United States. Alabama stands precisely toward the Government at Washington as she does toward the Government of France. Alabama is a nationality; so is the United States. The United States has not yet ceased to exist as an independent power.

        Then, why not send Commissioners to Washington? It is admitted that there are grave questions to be settled. They must be settled, either by the pen, the voice, or by the sword. Let us seek a peaceable solution of our troubles.

        It is said that the South Carolina Commissioners have been treated with contempt. Whether this be so, or not, it is of no importance to us. Let us put the Government at Washington in the wrong, if she chooses to take the wrong; but do not let us presume, in advance, that she will take the wrong.

        To send these Commissioners will take nothing from the dignity of Alabama, as a new and independent State. On the contrary, it will show to the world our amicable intentions.

        I have heard nothing yet in the nature of a substantial objection, and I shall therefore vote for the resolution.

        MR. WHATLEY said:

        Mr. President--It is contended by gentlemen that we should not send a Commissioner to Washington, for the reason that the Government at Washington has refused to receive the South Carolina Commissioners, and therefore we are absolved from all obligations to treat with them But, sir, is it true, in fact, that the old Government has rejected the Commissioners of South Carolina? Although the first Commissioners were not received, only as distintinguished citizens, yet, sir, even at this time, the State of South Carolina has her Commissioner there. I read from the "Montgomery Mail," of this morning, that Mr. Hayne is there, making his propositions, and that matters are more pacific.

        But, sir, if we admit, for the sake of the argument, that the South Carolina Commissioner is not received, does that justify us in breaking off negotiations? Not at all. I desire, sir, that if there is a collision of arms, between the old and the new Governments, that we shall not be responsible for so dire a calamity. It is our duty to hold out the olive branch of peace--to offer to negotiate and arrange all matters of difference between us; and if war and bloodshed come upon the country, we can go before the civilized world exculpated from all guilt, and released from all blame, and place the responsibility where it properly belongs.


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        True, sir, we have taken the forts and arsenals within the State of Alabama; but we have not taken them as a robber or a trespasser. We have seized the guns lest they should be turned against us, and become the instruments of our own destruction. We had a right to take them; we are a retiring partner from the common partnership, and we have a right to hold the assets in our possession until the final settlement, particularly when we have not obtained our full share.

        Mr. President, we are ready to account, and we should send on our Commissioner, clothed with full power, to make the settlement, and bring about an amicable adjustment. But should the Government at Washington refuse to treat, we impose upon them the fearful responsibility of rejecting our Commissioner.

        MR. WILLIAMSON said:

        I think the amendment offered by the gentleman from Tuscaloosa [Mr. Smith], should be accepted, and the Ordinance adopted. One Commissioner can accomplish everything that can be accomplished by two or more. As to the expense, I admit we should keep one eye, at least, on the treasury; husband our resources and prepare for the worst. But, sir, under the provisions of the Ordinance the expense of sending one Commissioner to Washington is a mere trifle. It has been urged, as an objection, by several gentlemen, that if we should send a Commissioner, he will not be received in his official capacity. Suppose he should not, we, at least, will have done our duty by having shown that we are ready to come to a fair settlement--thereby placing it out of the power of our enemies to slander us by saying we were seizing everything we could lay our hands on, and refusing to account for anything. Thus far the honor of Alabama is untarnished. Her motto, "Good Faith and Fair Dealing," should be strictly adhered to by this Convention; as it will be vindicated, protected, and defended by her sons, if need be, on the tented field.

        MR. YANCEY said:

        That he concurred with his colleague as to the propriety of entering into negotiations, and having these questions equitably and peaceably settled. He also concurred with him in the opinion that the Government at Washington was a Government de facto, with which we could negotiate. I believe, however, that it is not a Government de jure. I cannot vote for the resolution, however, for several reasons, the chief of which is that, on the 4th of February,


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a Convention of the seceding States will assemble; and that Convention will have jurisdiction over the whole question, and will be the proper authority to make negotiations with the Government at Washington, as to all the public property in all the seceding States.

        The example of South Carolina is not one in point. There had been an understanding between the Government at Washington and that of South Carolina, that the military status of the forts in the harbor of Charleston should be preserved unchanged. This understanding was violated, and the whole military power of the United States, in that harbor, was concentrated in Fort Sumter, commanding the whole harbor. Though South Carolina, at once, possessed herself of all the other forts, yet Fort Sumter overlooked and commanded them all. South Carolina then sent Commissioners to Washington to negotiate upon that change in the military status of the United States troops in the harbor. The President refused to receive them, save as citizens of South Carolina, and referred their communications to Congress. The second Commissioner sent to Washington by that State, according to the best information we have, was to obtain the withdrawal of the United States troops from Fort Sumter. The President has refused to receive him, as a Commissioner, and the telegraph informs us that Col. Hayne has returned to Charleston.

        Now, Mr. President, Alabama occupies an entirely different position. There is no such military exigency now pressing on Alabama, and therefore the example of South Carolina is not exactly in point.

        There is, however, another view, Mr. President. Alabama is not alone interested in this property. Our sister seceding States have equities in all the property in this State, lately held by the United States. Alabama does not represent all the rights in this property, and therefore she cannot settle those rights by negotiation. But in less than two weeks there is every possibility that the Convention will assemble here that will represent all the interests of the seceding States in this property, and in like property in all of those States.

        That Convention then will embody the representation of all interests in the property outside of the Federal Union, and will take jurisdiction of the question, and doubtless negotiate with the Government at Washington upon the subject.

        In the event that this resolution passes, your Commissioner might be found to have progressed in his negotiation, and agreed upon the basis of negotiation, and have nearly completed his labors: and at that point should a Commissioner from the Southern


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Confederacy arrive in Washington to negotiate on the subject, it would be found, perhaps, that the Alabama Commissioner had proceeded upon the basis that his State was alone interested, and had otherwise so complicated the whole matter, as to render a satisfactory solution difficult, if not impossible.

        I am for peace, Mr. President, and the only peaceful solution of this question is to recognise not only the equitable rights of the seceding States, but of every State of the late Federal Union. The forts are built on land, the title to which Alabama never held. The public lands were ceded to all the States by Georgia, and Military Stores and Custom Houses were made or purchased at the common expense of all the States. It is true, in withdrawing our State from the Union, all this property can be claimed by us; and if the sword is drawn, may be retained by the sword. But if we Confederate with other States, we must recognise the equity that each held in this property when members of the same Union. And if we are determined to negotiate with the United States, we must also recognise the equitable rights of every member of the late Confederacy.

        The most expedient mode of doing this, is to carry on the negotiation through the Federal authority of the Southern Confederacy.

        MR. JEMISON said:

        Gentlemen speak contemptuously of expenses. We may so think and so speak here, but the people will think of expenses. There is an old saying that "many mickles make a muckle." I tell this Convention that we are now running up a formidable bill for the tax-payers. We have already incurred expenses rashly, and without necessity. We have a large number of troops in Florida; they might as well be in the Moon, at present, for all practicable purposes. The expense of a measure is, of course, a secondary consideration, when that measure is an absolute necessity, or even when good sense and wisdom seem to favor it. But in this case there seems to me to be not the slightest necessity. It will amount not only to a waste of money, but of time.

        The gentleman from Montgomery [Mr. Yancey] is right on this subject. Diplomatists move slowly and with great deliberation. The two or three weeks which remain between this time and the time when our Provisional Government will, in all probability, be in full operation, would hardly suffice to procure our Commissioners an introduction into the presence Chamber of the President.


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        It seems to me there is no more propriety or necessity in our sending a Commissioner to Washington now, than in sending off Ministers to all the other Courts in Christendom.

        The amendment of the gentleman from Tuscaloosa [Mr. Smith] was adopted, and the Resolutions passed. [For Mr. Judge's Mission and its results, see Appendix.]

ENROLLMENT OF THE ORDINANCE OF SECESSION ON PARCHMENT.

        MR. EARNEST, from the Committee on Enrollments, made the following report:

        The Committee on Enrollments, to whom was referred the Engrossed Ordinance, withdrawing the State of Alabama from the Union of the United States, and who reported the Ordinance as correctly enrolled on parchment, in pursuance of a Resolution, have instructed me to make this supplemental Report--

        That a copy of said Ordinance, written with indelible ink by Mr. Joseph B. Goode, of Montgomery, has been furnished the Committee, which being a neat and correct copy of said Ordinance, they recommend that this copy be adopted as the original, and filed in the office of the Secretary of State, and that the former copy of said Ordinance assigned, be deposited in the Historic Society of the State of Alabama, at the University of said State, at Tuscaloosa.

W. S. EARNEST, CHAIRMAN.


        Resolved, That this Convention deeply appreciates the spirit of zeal, patriotism and disinterestedness that induced Mr. Joseph B. Goode, of Montgomery, to voluntarily Engross upon parchment the Ordinance of Secession, as adopted on the 11th January, 1861.

        Resolved, That this Convention hereby tenders its most hearty thanks to Mr. Goode for the elegant and creditable manner in which he has Engrossed the Ordinance--it being (as near as circumstances would admit) a perfect specimen of Penmanship.

        Upon motion, the report was concurred in, and the Resolutions adopted.

        And, on motion, the Convention adjourned till 10, A. M., tomorrow.


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FIFTEENTH DAY--JANUARY TWENTY-THIRD.

        MR. DOWDELL asked a suspension of the Rules, to offer the following Resolution:

        Resolved, That it is the opinion of this Convention that the Navigation of the Mississippi should remain free to the people of the States and Territories lying upon it and its tributaries, and no obstruction to the enjoyment of this privilege should be offered, except for protection against a belligerent and unfriendly people.

        Not granted.

        MR. GILCHRIST, Chairman of the Committee on Foreign Relations, made the following report:

        The Committee on Foreign Relations, to whom was referred a Resolution instructing them to enquire into the expediency of sending Commissioners to New Mexico and Arizona, for the purpose of securing the annexation of those Territories to the Southern Confederacy as new States, have had the same under consideration, and instructed me to Report, that they deem it inexpedient for the Convention to take any action thereon, as the same more appropriately belongs to the Southern Congress.

        MR. WATTS, Chairman of the Committee on the Judiciary and Internal Affairs, to which was referred "An Ordinance in relation to the Collection of Debts, &c., reported that the Committee had had the same under consideration, and had instructed him to report the accompanying Ordinance, and recommend its adoption as a substitute for the one referred:

CONFISCATION OF PROPERTY.

        Be it Ordained by the people of Alabama in Convention assembled, That full power to confiscate Property belonging to enemies at war with the State of Alabama is hereby invested in the General Assembly of this State. And the power to suspend the collection of Debts, and all obligations to pay money due or owing persons, artificial or natural, in the non-slaveholding States of the United States of America, may be likewise exercised by the General Assembly of this State, in any manner they may see proper; any provisions in the Constitution of the State to the contrary notwithstanding.


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        MR. SHORTRIDGE moved to refer the Report and Ordinance to the Committee on Printing, and make it the special order for Friday at 12, M.

        MR. LEWIS offered the following Resolution:

        Resolved, That the Ordinance and amendments now before the Convention be referred to the Committee on the Judiciary, with instructions to report an Ordinance giving the Legislature the war-making power until the formation of a Southern Confederacy.

        MR. COCHRAN moved to lay the whole matter on the table, but withdrew his motion to enable

        MR. COLEMAN to offer the following:

        Be it ordained by the people of Alabama in Convention assembled, That the collection by law of any and all Debts due, to citizens of non-slaveholding States which have passed "Personal Liberty Bills," or tendered aid to the General Government to coerce a seceding State, be suspended for nine months.

        MR. WATTS said:

        The original Ordinance which was referred to the Committee, undertakes now to confiscate the property within the borders of Alabama, belonging to the citizens of any of the Liberty-Bill States. The Substitute Ordinance of the Committee proposes to give to the Legislature the power to do this whenever it may become necessary. He preferred greatly this course. Let the Legislature act upon this subject at the proper time.

        MR. SHORTRIDGE said:

        Mr. President--It occurs to me the Ordinance reported by the Chairman of the Judiciary does not meet the question boldly and fully. The Legislature of New-York, as we are officially informed, has actually tendered to the Government at Washington ten millions of money, to aid in the attempt to subjugate the seceding States. It is understood that Massachusetts, Maine and Ohio, and perhaps other Northern States, have adopted similar coercive measures. This action on the part of those States amounts to a declaration of war on Alabama. It, therefore, becomes


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this Convention, if it would preserve its own dignity and the honor of the State, to meet this hostile legislation in the most emphatic and decided manner. This is done, it seems to me, in the first section of the Ordinance I had the honor to introduce. It provides that the doors of our Courts shall be closed against the collection of such debts as may be due from our citizens to citizens of such States as have assumed this warlike attitude, or have passed the so-called Liberty Bills, or have judicially denied the right of transit, to persons owning slaves, with their property. The amount of indebtedness due from the South to the North amounts to several hundred millions of dollars. The people of Alabama owe probably as much as eleven millions in the city of New-York alone. Whilst I do not propose to violate the law of nations, I insist that, under the circumstances which surround us, we should hold in abeyance this immense debt. To pay it now would be to drain us, and to bestow upon our enemies the means and the sinews of war. In view, too, of the pressure existing in monetary affairs, as a measure of relief, it is entitled to serious consideration. If the merchant is indulged by his creditor, he can indulge those indebted to him.

        The substitute offered by the Committee proposes to leave the question to the Legislature on the happening of an actual war, I wish the Convention to act on things already developed, and to act promptly. I wish to let the States of the North know that we are willing to meet the issue which they have presented. I wish them to know that so long as the obnoxious laws remain unrepealed, and the hostile judicial decisions remain in force, to which I have alluded, that neither the comity of nations, nor a regard for peace and tranquility, can make us quail, when our honor is involved.

        In the second section of the original Ordinance, it is proposed to release the citizens of Alabama from their indebtedness to Northern creditors only when those creditors endeavor to evade, by a transfer or assignment of their evidences of debt, the provisions of the first section. This was deemed necessary to give vigor and effect to those provisions, and reaches, and was only intended to reach such creditors as attempt fraudulently to creep into our Courts.

        I do not pretend, Mr. President, that the original Ordinance is perfect. It was drawn hastily, and in the midst of multiplied labors. It was intended to be more suggestive than otherwise, in the hope that wiser and abler heads than mine, after examination and reflection, would aid in bringing it as near perfection as may be.


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        It will also be perceived that it is contemplated to leave the subject, by my Ordinance, ultimately in the hands of the Legislature. But now is the time for this Convention to make the proper reply to New-York, and this is the body on whom this duty devolves. Let us not temporize, nor fear to look dangers and difficulties like these full in the face.

        With regard to those sections which contemplate confiscation in the event of actual war, I see no great difference in principle between the original Ordinance and that reported by the Committee. I am, therefore, indifferent whether they are adopted now by the Convention or not. It may be time enough when hostilities have commenced, to proceed to the extreme of confiscation.

        MR. JONES, of Lauderdale, said:

        Mr. President--The substitute of the gentleman from Montgomery, (Mr. Watts,) proposes to confiscate all debts due by the citizens of Alabama to citizens of the Northern States at war with this State. I must confess, sir, that I did not like the proposition when it was first read at your Clerk's table, nor was my dislike at all removed by the remarks of the mover of the substitute under consideration. I am opposed, sir, to every description of robbery. But when it is proposed to inaugurate a new Republic by perpetrating a flagrant outrage upon our just creditors, I must signify my dissent, and ask to stand acquitted by the record from any participation in the deed.

        Who, let me ask the gentleman from Montgomery, are the enemies of Alabama? If I do not greatly misunderstand the law, whenever a government declares war upon Alabama, every citizen of that Government, whatever may be his private opinions, becomes eo instanti an enemy to our State, and must be treated as such under the rules of war.

        If this be true, and the President of the United States should attempt to "enforce the law" (which is only a honeyed phrase for invasion and subjugation,) then the merchant of New York City becomes, by the legal construction of this amendment, the enemy of Alabama, notwithstanding he has recognised our Constitutional rights, braved the whole abolition pack of his State, and wasted time and money, and lost political caste at home in defense of our property. This amendment, then, proposes to do what I believe a great wrong. It is not only wrong in morals, but it is clearly contrary to sound policy.

        I think I may safely say that nineteen-twentieths of the debt of Alabama, due to the North is due to our political friends.


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        Indeed, it is no great compliment to Southern merchants to suppose that they have traded to any extent with the enemies of Southern Institutions; and if they have not, then, it is clear, that nearly the entire debt is due to those true men of the North, who are now the sheet-anchor of our hope to over-awe the Abolition army, that would invade, to coerce us, and thus involve us in an unnaturul fratracidal war.

        These Northern men have a deep merit in preserving peace. They are men of Commerce; and Commerce never fails to elevate the mental horizon, and expand the range of vision; it is, and ever has been the sworn foe of bigotry and fanaticism. These merchants have comprehended our constitutional rights, and acknowledged and defended our equality. They clearly see the priceless value of our productions, and stand aghast at the reckless folly of that pestilent set, that would strike down the production of the great staple upon which the industry, the prosperity, the very civilization of the age depends.

        Then, sir, for years these merchants have carried on an extensive and lucrative trade with the Southern people. They have found our people honest, liberal, and punctual; they have trusted our merchants up to the very hour of Secession, relying on our spotless, uncorrupted integrity. Then, let our honor be sustained--let these debts be paid to the last farthing. But if this substitute must pass, let us change its caption to "An Ordinance to concentrate the entire North against the State of Alabama." This will be a much more fitting caption, and better adapted to the practical results of this measure. It is also unnecessary and precipitate. By the Ordinance of Secession, you have destroyed the Federal Courts, and the foreign creditor will be driven to seek his remedy in the State Courts. It is now certain (and I deeply regret it,) that the present Legislature will pass some sort of Stay Law, by which the collection of all debts will be delayed. Thus, time will be given to learn the policy and temper of the Northern people on the subject of coercion. In the mean time the $11,000,000, due from our people to the North will be held as a hostage for peace. This is certainly a wiser course than hasty absolute confiscation as proposed by the amendment. But honest, prompt payment is better than either.

        I hope the Convention will place the seal of its disapprobation both on the Ordinance and amendment, that, standing, as perhaps we do, on the verge of a great revolution, in the progress of which the old land-marks of truth and justice may be lost sight of, will not at the outset demoralize our people by the perpetration of an act, which public necessity does not demand, and sound morality cannot justify.


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        MR. SMITH, of Tuscaloosa, said:

        Mr. President--The subject of confiscation, as presented in this Ordinance, is one of the most interesting, as it is one of the most important questions that will come before this Convention.

        The deliberate act of confiscation, by the war-making power of a State, is regarded, amongst civilized nations, as equivalent to a declaration of war.

        It is not the custom of nations to confiscate the property of any, except their actual enemies--enemies in war; not of a political enemy merely, nor of one that may hereafter become an enemy.

        Some States, of a tyrannical power, exercise the right of confiscating the property of their own citizens, for treasons and other offences; but the question raised here has reference only to the confiscation of the property of the State's enemies.

        Sir, I maintain, that, in a belligerant sense, we have no enemies. And I understand it to be the desire of this Convention that we should not so govern our movements here as to create enemies. As I deprecate hostilities, so I deprecate any action whatever, upon this question, at this time, as premature. There is no necessity for this action yet. Do you wish to provoke retaliations? Set the example here, and your own citizens who own property at the North will be the first to suffer; for in matters of money and property, the people of the North are amply able to protect themselves; and they are proverbially as keen and sagacious in their apprehensions as they are quick in the exercise of their resources.

        MR. WATTS:

        If the gentleman from Tuscaloosa, [Mr. Smith,] will read the Ordinance, he will see that he does not interpret it properly.

        MR. SMITH:

        The language of the Ordinance is not as distinct as is stated by the gentleman from Montgomery, [Mr. Watts.] There will be left in it, an open question for the Legislature. The Ordinance ought not to carry on its face a doubtful meaning. An ingenious constructionist could strain a power which it might not be our intention to give. At the proper time, in order to restrict the power proposed to be conferred, I will offer a proviso, "That the powers hereby conferred on the General Assembly shall not be exercised


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except in case of actual war, or until hostilities shall have been commenced.

        The gentleman from Lauderdale, [Mr. Jones] has the true conception of this subject. He has told you that this confiscation would reach our friends first. How true is this; let us pursue this idea: In the city of New York, in the late election for President, our friends carried the polls by nearly forty thousand votes! In the State of New York, in the same election, we were defeated by less than forty thousand majority. We have in the State of New York, 313,000 voting friends--nearly half the State--nearly enough voting friends to make four States as populous as Alabama! And it should not be forgotten that, in the city of New York, where our friends are forty thousand majority, is due the bulk of the Southern debt, and due to our friends. This debt might be confiscated, under the power you propose to confer upon the Legislature, by this Ordinance.

        In connection with the idea of the number of our friends in New York, I will refer to another subject: A few days ago, we received a communication from the Governor of Alabama, transmitting to us the New York Resolutions, in which the Legislature of that State had offered aid to the General Government with an appropriation of 10,000,000 of dollars, for the unholy purpose of coercing the seceding States. I was not surprised at the feeling of indignation that seized the Convention, when the subject of the Resolutions was disclosed. I was not surprised that the reading of the execrable document was brought suddenly to a close, and that it was consigned to the oblivion of silent contempt. No man could read it or hear it read, without feeling his blood burning his veins. But notwithstanding the hostile character of the document; in our more quiet and reflecting moments, we cannot forget that those Resolutions expressed but the opinions of a dominant majority; an accidental power, which in a single turn of the wheel of political fortune, might be hurled from its position. The triumph of party is transient. There is no stability in parties. There is no tenure so uncertain as political power. Especially is this true in New York. Ten years of its history will show as many political revolutions. Yesterday there may have been one hundred thousand marjority one way, to-day there may be two hundred thousand majority the other way. And I verily believe that in the next election, the revolution which is now working its rapid wheels in that State, will hurl this Black Republican party from power; and the same voice that uttered that threatening proclamation, will assume towards the South the gentler tones of friendship, of sympathy, and, if need be, of assistance. The


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question arises, then, shall we destroy our friends? Shall we cast off those whose past conduct and present inclinations evince a sincere regard for our rights? In this moment of indignant excitement, let us not depart from the true policy pointed out by enlightened deliberation.

        Sir, in every act, here we ought to look towards the preservation of peace. This seems to be the inclination of many. It is my intention thus to act. I am not one of those who have lost all hope of a restoration of our relations with the General Government. I have not despaired of the Republic. I trust that, in the progress of a peaceful Revolution, a sense of duty on the part of our political enemies, will bring them to the footstool of justice; and that they will there yield to our reasonable demands. I have faith in this Revolution. For the first time, during the existence of the Government, the NORTH is reading the sad lesson by which she is taught practically, how much she depends upon our friendship, and how much she loses by the withdrawal of our trade. Trade rules the World. The prince merchant and the moulder of candles alike depend upon trade. New elections which are to be had during this year, will present a great change on the face of Northern affairs. I cannot say that I believe all will be made right; but I do look forward with the fondest hopes, that the day is not far when upon a basis perfectly satisfactory to the South, there may be a Reconstruction of the Government. I pray for the day that may bring with it a redress of our grievances; indemnity for the past; complete and unequivocal guarantees for the future.

        Sir, we are in no condition to drive away our friends. We should do nothing here leading to hostilities. We shall not need to invade any territory We will defend our own. In times of "peace, we may prepare for war." I am ready to do this--this is the duty of every people who wish to preserve their liberties. I am ready to vote supplies to any extent. But I would hold the Olive Branch above the Sword, until honor and safety should advise the sad alternative of war.

        MR. CLARKE, of Marengo, said:

        From the reading of the Ordinance, it appears that we but confer a power on the Legislature to be exercised hereafter, only in time of war. I can see nothing objectionable in this. The sort of confiscation provided for in the Ordinance is authorized by the laws of nations, and generally carried out in times of war. The arguments of the gentlemen do not reach the Report and Ordinance,


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but only suggest objections to the exercise of the power now, or to its exercise before hostilities are commenced. The Legislature could do nothing, under this Ordinance, except against persons whose Government might be at war with us at the time of the exercise of this power.

        I do not adopt the suggestions of gentlemen as to the friendly feelings of the people of the North. Gen. Sanford has already tendered his services, and the services of Regiments of men, to the Federal Government. The New York Legislature has appropriated ten millions of dollars for the military use of the General Government! God save us from such friends.

        That the Southern debt is large, need not be denied. There is no wish nor intention to avoid the payment of this debt. Every creditor who would pay without this law would pay with it. In actual war the debt would necessarily be suspended and the creditor delayed.

        But there is another view of this subject. Gentlemen wish to preserve peace. I regard this as a peace measure. If the Northern people are so attached to money as they are said to be, may not the very idea of the confiscation of this debt, as a necessary consequence of hostilities, keep down war? There are more ways than one to keep peace. Harsh measures are sometimes necessary to keep peace. Peace must be sometimes conquered. It often requires armies moving with threatening banners, and assuming hostile attitudes, to keep peace. Prospective dangers promote peace.

        This Ordinance, if adopted, will injure no man; but the North will be reminded by it of one of the dire consequences of war, and this may have its effect towards the preservation of peace.