DUKE UNIVERSITY LIBRARY 3%. Treasure %oom *h !#* SI sus ,^fel^#l^ ^Matl THE HISTORY AND DEBATES ( 'ON Y UNTION I He ^eonle of |U»bama Began and held in the City of Montgomery, on the seventh Day ol January. 1861 ; ;N WHICH t8 PRESERVED Mil. SPEECHES OF THE SECRET SESSIONS, A.\i> MANY \ W.iWHLE STATE PAPERS. ft/ By WILLIAM R. SMITH ONE OF THE DELEGATES FROM TUSCALOOSA. f/ifV^ Montgomery: WIIITK, PFISTER & CO. Tl u.oosa: D. WOODRUFF. m.am-a WOOD, BAJSTLEITER, KICK & CO ieoi. 1 Printed for the Author, by WOOD, HANLKITKR, RICK A CO. &4 • 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 au- thentic record for future ages, both the acts of the Patriots of Alabama, and the fervent words by which they were mu- tually 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 states- man'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 1 will not run the hazard of raising the rxpectation of the reader, by allowing him to h tin-* k into this book for those magnificient outbursts of elo- that dazzle, bewilder and persuade, yet I may safe* ■ forensic treat, in a vast variety of speeches which breathe tho genuine spirit of wisdom, animated by the livelk it touohi - of indignant patriotism. The reader may rely upon the perfect authenticity of the of the book, and upon the accuracy of the • die sentiments uttered and the positions as- MBMd by the speakers <>n the pdintfl arising in debate 4 for almost every Bpeech in the volume. <>f any considerable _-ili or importance, has been submitted td the inspection or revision of the speaker ; and where this has been imprac- ticable, and the notes confused or uncertain, the speeches have been omitted entirely, as 1 have been on-willing to as* • the responsibility of publishing a sentiment in the name of another, oh a great question; where the smallest doubt existed as to its accuracy. In the speeches reported from my own notes. 1 have en- I to adhere as nearly as possible to the language of speaker; but to preserve the idea and sense has been m\ imouni design. 1 have attempted hut little ornament either in language or metaphor; so that 1 have no fears that vy debate]- Avill recognise his own speech as genuine, botfl in sentiment and language, although condensed and ahrid. Rome portions of this volume will appear almost romantic. 1 F the Eleventh of January, when the < 'onvention deliberating oh the final passage of the ( Ordinance of Se- iion, were extremely touching. The MiNmtm rose to the htfl of moral sublimity as they surrendered their lonp: cherished opinions for the sake of unity at home. The sun- der was graceful and unrestrained: without humiliation on the one hand, or dominant hauteur on the other. The ches on this occasion were uttered in husky tones, and PREFACE. 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 Con- vention was deeply impressed with his responsibility. Solem- nity prevailed in every phase <>t' the proceedings. In the debates of six weeks, on the most exciting topics, but few un- kind words were uttered. Forensic invective, so character- istic of legislative assemblies, was lost in devotion to the public good, and scarcely a jar of personal bitterness disturb- ed the harmony of the deliberations. While 1 claim nothing for myself, but due credit lor 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 1 am conscious of thus supply- ing a link in the History of Ages, and a chapter in the LlFE of Liberty. EXPLANATION. It most be noticed thai th [a book' does not pretend to give the entire debute* lithe Convention. This could hardly he expected in a volume of this size. «ince a single day's debate, if given in fall, would lill lifty — perhaps an hun- dred pages. My object has been to preserve the political features at the de bates: and hence I have not attempted, as a general rule, to give the discu>- SJOU9 on the ordinary subjects of legislation. Many of the ablest speeches delivered in the Convention were upon the changes in the Constitution ol the •State, not touching the political necessities of the new condition of thing*. These speeches must be lost, however much they were worthy of preserve - lion. The Appendix contains the Rkpokts of the Commissioners appointed l>\ Governor Moore to the slave-holding States. These Reports are able docu - inents. and will explain themselves. Whatever the object of the appoint- ment of these Commissioners may have been, the documents themselves be- come historical, and must live in the annals of the Revolution. INTRODUCTION-HISTORICAL. On the '.24th day of February, 18(50, 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 WIS 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 Repub- lican, committed alike by its own acts and antecedents, and the public avowals and secret machinations of its leaders to the exe- cution of these atrocious designs, has acquired the ascendency in nearly vxovy Northern State, and hopes by success in the approach- ing Presidential election to seize the Government itself; andwhere- as. to permit such seizure by those whose unmistakable aim is to pervert its whole machinery to tin- 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 3 I the. Constitution, but scorning the Union which fanaticism would erect upon its ruins, deem it their solemn duty to provide in ad- vance the means by which they may escape such peril and dishonor, and devise new securities for perpetuating the blessings of libertj to themselves and their posterity; therefore, 1. Be it rcsolceil. That upon the happening of the contingency •contemplated in the foregding Preamble, namely, the election of fd UMQIU v s i> DUATH OJ i P Ivocating the principles and action of the part) fir N Stal j itself the Republican Party, it shall • ]<• ' it further resolved, That copies of the foregoing Preamble and Resolutions be forwarded by the Governor as soon as possible >rs and Representatives in Congress, and to each "i { out Bister States of tin- South. The following Resolutions) adopted at the same session, will i further to show the spirit that animated the Legfsla ture of Alabama: Joint Resolutions of the ( ieneraJ Assembly of Alabama in response to the Resolutions of South Carolina, Istt / '■■"/. That the State of Alabama, fully concuring with the State of South Carolina, in affirming the right of any State THE CONVENTION 01' ALABAMA. 1 J to secede from the confederacy, Whenever in fieri own judgment such. & step is demanded by the lienor, interests and safety of be* people, is not unmindful of the fact that the assaults upon the in- stitution of slavery, and upon the rights and equality of tlie South- ern 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 righf. 2d, Be it further resolved, That in the absence of any prepara- tion for a systematic co-operation of the Southern States, in resist- ing the aggressions of their enemies. Alabama, acting for herself, has solemnly declaimed that under no circumstances will she submit. to the foul domination of a sectional Northern parly, has provided for the call of a Convention in the cventof the triumph of such a faction in the approaching Presidential election, and to maintain the position thus deliberately assumed, has appropriated the sum uf $200,000 for the military contingencies which sucha course may involve. 3d, Be it further rcso/nd. That the State of Alabama having -ndeavored 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 cooperation 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 com- mon interest, and serve the common cause. •1th. Beit further resolved, Thai should a Convention of Depu- ties from the slave-holding States assemble at any time before the meeting of the next ( ieiieral Assembly , for the purposes and under ill;' authority indicated b\ 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 Dis- trict, and two from the State at large, to represent the State of Uabama in such Convention. Upon the election of Mr. Lincoln to the Presidency, the Gov- or, in pursuance of the foregoing Resolutions,- called a Con- vention of the People of Alabama, to meet in the city of Mont- gomery, on the 7th da) of January, 1861. The following Cor- respondence is worthj of preservation aa a part of the history of the times : l'J HI-lMl:\ \M> MTOJKTM 01 LETTER FROM GKN MOORB. MoVTG >XI IT, Nov. It, |S(J0. To liis Excellency \ . B. M i: : \t a meeting of citizens of a w < ml counties of the 5 hrH at this place on Saturday, the 10th inst., the undersigned were in ted .1 < Jommittee to confer with your Excellency, and asoer the construction pot by you on the Joint Resolutions of our last Legislature, for the call of a Convention of the people « > t" the Wli.it is desired from you are, your views as to the time « h ii \ ou are authorized t<> issue \ our Proclamation fbr tin- call <>f that < '"'i\ ention, whether upon the election of Electors by the peo- ■ i;il St;ii«s. prwhen those Electors cast their vote t'<>r President ; and also, it' it be consistent with your ideas of public duty, that you would inform us when that Proclamation will be d, and upon what day you will order the election of I delegates tn that < lonvention. These are questions of deep interesl to Ihc people of the State. tad it is deemed of great moment that your views on those ques- tions 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. Ml. Mi >RE, Montgomery county. .1. I). PHELAN, - - E. W. PETTUS, Dallas county, \. II. R. DAWSON, •• J. B.CLARK, Greene county. \Y. I!. CLARKE, Marengo coonty. I). W. B UNE, Lowndes county* .1. F.CLEMENTS, " •i.e. GILCHRIST, - C. ROBINSON, E. I >. Kl\< ;. Perrv county. II. FRAZIER, Jackson county. W. L. ^ ANCEY, Montgomery county. .1. EI. CLAYTON, G. B. DUVAL, T.J. JUDGE. <;. GOLDTHWAITE. " T. II. WATTS, S. F. KICK. T. LOMAX, M. A. BALDWIN, " the convention of alahama. 18 Executive Department, ) Montgomery, Nov. 14, ist>0. j Gentlemen: I have received your letter of the 12th inst., ask- ing for mv construction of "the Joint Resolutions of our last Legislature, for the rail of the Convention of the people of the State." You particularly desire to know when I consider myself authorized to issue mv Proclamation for the call of a Convention — "whether upon the election of Klectors by the people of the several Slates, or when said Electors Cast their votes lor 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 yon [1] will order the election for the delegates to the Convention." 1 fully agree with you, that " these are questions of deep interest to the people of the Slate." 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 determi- nation to you, with leave to publish it, 1 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 fore- going 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 he the duty of the Governor, and he is hereby required forthwith to issue his proclamation," &e. The Constitution of the United States points out the mode of electing a President, and directs that "each State shall appoint, in Midi manner as the Legislature thereof may direct, a number of .lectm's, equal to the whole number of Senators and Representa- tives to which the State mav he entitled in Congress." See Art. Art. ]>. §1, of Amendments to the Constitution, provides that the Electors shall meet iii their respective States, ami vote bj ballot for President and Vice President." Under these provisions of the Constitution, the people of the several States vole for elec- tors and these electors VOtefor President. It is dear to mv mind that a candidate for the Presidency cannol constitutionally lie elect- ed until a majority <4' the electors have cast their votes for him. My Proclamation will not, therefore, be issued until that vote i- east on the fifth day of December next. I regret that this delaj must occur, as the circumstances which surround us make prompt and decided action necessary. There can be no doubt that a l*m l au ,11 be given to Mr. Lincoln, and h of bis election, I have determined b lion immediately after tl least, [shall i:li day of 1 December next, for the election iventlon. The < invention will mi ■ ; ; i da) of January next. f«»r the election of d< designated in ad- \ f the P telamation in order that the minds may at once be directed to the subject, and that t h ■ ral counties may have ample tim I candidates to rep- Bach voter of tli hould immediately cou- the importance of .the vote be is to east. Constitutional 1 1 security, and the honor of the State are all involv- II'- must decide, on the '21th December, the great question of submission to an Abolition Administration, or ol c from the Union. This will be a grave and moment fur the decision of the people. Todecide it correctly, the) ■an I all the facts and circumstances of th ■ them. It may not be improper or unprofitable for me. to a few <>!' them. Wii . is Mi-. Lincoln, whose election is nou beyond question .' - tin- head of a great sectional party calling itself Republican: irty whose leading object is the destruction of the instil uti slavery as it exists in the Blaveholding States. Their most « i N - juished leaders, in an. I cut of Congress, have publicly and lly proclaimed this to be their intention and unalterable >\<-- 'determination. Their newspapers are filled with similar declara- tions. Are the) in earnest .' Let their past arts speak tin- them, ■ne >if the non-slaveholding States have been for - under the control of the Black Republicans. A large ma- jority "f these States haw nullified the fugitive slave law. and have successfully resisted its execution. They have enacted pe- nal statutes, punishing, by line ami imprisonment in the peniten- tiary, persons who may pursue ami arrest fugitive slaves in sa'nl Si The) have by law. under heavy penalties, prohibited any • in from aiding the owner to arrest his fugitive slave, ami have denied us the use of thejr prisons to secure our slaves until i I"- removed from the State. They have robbed the th of slaves worth millions oi' dollars, ami have rendered ut- terly ineffectual the only law passed by Congress to protect this BDecieR of property. They have invaded the State of Virginia, arm- ed her slaves with deadly weapons, murdered her citizens, ami ■ I the United States Armory at Harper's Kerry. They have *- nt emissaries into the State of Texas, whoburnod many towns TUB CONVENTION? OF ALABAMA. 15 ami furnished tin* slaves with deadly poison for the purpose of destroying their owners* All these things have been effected, either by the unconstitu lional legislation of free" States, »r by combinations of individuals. These facts prove that they are not only in earnest and intent up- "ii accomplishing their wicked purposes, but, have done all that local legislation and individual efforts could effect, Knowing that their efforts could only he partially successful without the aid of the Federal Government^ they for years have struggled to' gel control of the Legislative and Executive Depart- nients thereof. They have now succeeded, by large majorities, in all the non-slaveholding States except New Jersey, ami 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 he in their power to change the complexion ofthe Supreme Court so as to make it harmonize with Congress and the President. When tOAt party gel 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 he abolished in the District of Columbia, in the dock-yards and arsenals, and wherever the Federal Govern- ment has jurisdiction. It will be c\clud"d from the Territories, and Other i\vi' States will in hot haste be admitted into the Union, until they have a majority to alter the Constitution. Then slavery will be abolish- ed by law in the States, and the "irrepressible conflict" will ('ml ; 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 mil- lions of free negroes and their increase, turned loose upon them, 1 will not discuss — it is too horrible to contemplate. 1 have only noticed such of the acts of the Republican party as I deem necessary to show that they are in earnest, and deter- mined toe,iiT\ 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. — . in view of the past and our prospects for the future, what QUght we to do.' What do wisdom and prudence dictate.? — \\ hat do honor ami safety require at our hand- { I know that the answer that I shall give to these questions may subject me to severe criticism by those who do not view then matters as I do; but feeling conscious of the eorrrectnesfl of my Conclusions, and the purity of my motives, I will not shrink from 1 1, ini - or •..\ which present* itself". Ft wouM iminaJ "in those entrusted with Stat.' sovereignty" no! to cut and warn the people of the encroachments tli.it h.i\ .■ I an about to l>e 1 1 1 : i > 1 • ■ upon them, with the eojise- Mllst folloW. I full vi.-w.aii'l. I trust, ■ just appreciation of all my obliga- and responsibilities, officially and personally, to m\ God, and the federal Government, I solemnly declare it to be my opinion, that theonlj hope of future security, for Alabama the other Blaveholding States, is secession from the I nion. — [ore the necessity for coining to suefa a conclusion. It has forced upon me, and those who agree with mej b) a wicked .n:l perrerse party, fatally bent upon Ens' destruction of an insti- tution vital t-» the Southern States — a party whose constitutional rights are have never disturbed, and who should be our friends; yet the) hate us without a cause. should Alabama secede from tin Union, as I think she ought; l^e responsibility, in the eyes of all just men, will not rest upon her, but upon those who have driven her in self-defence, to as slum that position. lias Alabama the right peacefully to withdraw from the Union, without subjecting herself to any rightful authority of the Feder ivernment to coerce her into the I nion '. Of her right to do I0l I have no doubt. She is a Sovereign State, and retains even right and power not delegated to the Federal Government in the written Constitution. That Government baa no powers, except sue) i ii are delegated in the Constitution, or such as are necessary lo carry these powers into execution. The Federal Government was established for the protection, and not for destruction or inju- f Constitutional rights. A Sovereign State has a right to iudge of the wrongs or injuries that maj be done her. and to d« termini upon the mode and measures of redress. The Black Republican party has for years continued to make aggressions ii|h.ii the alaveholding States, under the firms of law. and in even manner that fanaticism ooajd devise, and have now ■rfned Strength and position, which threaten, not onl\ the iles • on of the institution .,t' slavery, but must degrade and ruin die alaveholding States, if not resisted. May not these states i, mi aside from the impending danger, without criminaMtj I Ii they have not this right, then we are the slaves Of our worst cur inicv. "The wise man foreseetfa the evil and turneth aside." A wise State should not do less. It' Alabama should withdraw from the Union, she would not be guilty of treason, even if a Sovereign State could commit- THE CONVENTION OF ALABAMA. 17 treason. The Constitution says : " Treason against the United States shall consist only in levying Mar against them, or in ad- hering to their enemies, giving them aid and comfort." The Fed- eral Government has the right to use its military power "to exe- cute the laws of the I nion, suitress insurrections, and repel inva- sions." If a State withdraws from the Union, the Federal Gov- ernment has no power, under the Constitution, to use the military force against her, for then 1 is no law to enforce the submission of a sovereign State, nor would such a withdrawal be either an insur- rection 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 cooperate afterward*. The contemplated Convention will not be the place for the tim- id or the rash, h should be composed of mo) of wisdom and ex- perience — men who have the capacity to determine w hat the hon- or 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 be- lieve they will prove themselves equal to the present, or any fu- ture emergency, and never will consent to affiliate with, or submit to be governed by a party who entertains the most deadly hostili- ty towards then) and their institution Of slavery". They are loy- al and true to the I nit mi, but never will consent to remain degraded members of it. Ver\ respectfully, yonrobd^t serv't, A. B. MOORE. The following is a copj of the Proclamation issued by the Governor : PROCLAMATION. Executive Dkp autmknt. I Mont-., mery. Ala.. Dec. C. ]S{\], \ Wiikki.as. the following Joint Resolutions were passed at tin- last session of the General Assembly of the State of Alabama, to- wit : [Reciting the Resolutions on ['age !*.] J. Moors, Governor of the State of Alabama, by virtue of the power vested in me by the foregoing resolutions, and % )i< p l'\ proclaim and make knowu i<> :. thai tho contingency contemplated in sai.l I' l«. notations has happeued in the election of Al.ra- •ln to th< I ' f toe I nit. I Si I he qualt- ral counties of the State arc, therefore, died nj»'u t>« assemble at tho several plac* b of voting in i N mday, the 2 ftn 1 >eccnih : 86N '. 1 ution of the Si \ lab una. b i ipitol in the city of Montgomery, on Monday, the ; January next, to "consider determine and do whatev- i Convention, the rights, interests and hon- \ .il'ama require to be done fpr their protecti In testimony whereof, I have hereunto Bel my hand and caused , - ™-| tli. <■ uf the Stat.- to be affixed i i the city of J Montgomery* this 6th day of December, \. D. I860. \. B. MOON .1. 1 1 . W - • r\ uf Stati HISTORY AND DEBATES OF THE CONVENTION. FIRST DAY. < ).\ the 7th January, 1861, the Convention assembled in the city of : Mon*tgomery, in the Hall of the House of Representatives <>f the state Capitol. It is a remarkable fact, that, of the one hun- dred Delegates of which the Convention was constituted, not one was absent. This was owing, doubt less, to the great anxiety, on the jiart ofthe Delegates, to participate in the earliest proceed- ings ; and also, I apprehend, to the doubt that existed, previous to the organization, as to whether the straight-Secession part} or the Cooperation party was in the majority. <>n the Sunda} night before the Convention met. each parly seriously claimed the. ascendancy; but before the hour for prganizing the Convention, it was conceded that the Secession party was the stronger. Great precaution had been taken in advance, to secure an liar nionioiis organization; and for this purpose it had been agreed, at i'ii'st. that one member of eaeh party, to be designated before the meeting, should approach the desk, call the Convention to t and nominate a temporary President ; but the Cooperation party, convipced, by having accurately measured their strength, th it the} were in a minority, deemed it proper to yield th.8' or- ganization of the Convention to the majority; of which, facfc the latter were duly a b nof'the Hon. il. c. Humphries, the Hon. William S. Phillips, of 1 1 1 las, » is called to th s Chair, as temporary I ' I \.c. Horn, of Mobile, and S. D. Brewer, of M gi»rncry, were appoi \ Secret! i ronoai urn mm Yaxcki offered the following Resolutions, which were tnousl) adopt .• the proceedings of the Convention be .(1 with prayer, and thai the Rev. I>r. Manly be invited t<» ;a\ . 2d. Tual the President of the Convention be re- • > invite some Clergyman t>. open the Convention with praver each buco ssivc da) of the Bession. Convention was then opened with prayer by Rev. Basil Manly, formerly President of the University of Alabama. Almighty Father, Maker of Heaven and Earth: Kin)? eternal, immortal, invisible; the onlj wise God! We adore Thee, for Thou art God, and besides Thee there is none else; our Fathers 1 and our God! We thank Thee that Thou boat made ua //tin. endowed with reason, conscience and speech— capable of knowing, loving and serving Thee! We thank Thee for llij Son, I. [ Jesus Christ, our only Mediator and Redeemer! We thank Hiee for Thy word of truth, our guide to eternal life. We thank Thee for civil government, ruling in Thy tear: and wv iall\ thank Tbee 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 TTiou mightesl here establish a free government and a pure religion. We thank Thee that Thou hast allotted ua our heritage her.', and nasi 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 < lolo- nles, and their sovereignty as States, and with the formation and maintenance of our government, which we had devoutly hoped might last, unpen erted and incorruptible, as long as the sun and moon endure. Oh, our Father! we have striven as an integral part of this ■ R public, faithful I j to keep our solemn covenants in the Constitution of our country ; and our conscience doth not accuse if having failed to sustain our part in the ch il compact. Lord nf a^l the families of the earth ! wt appeal to Tiikk to protect us in the land Thou bast given us, the Institutions Thou has] estab- I. the rights Thou hast bestowed! And now, in ouf troubles, tting us like great waters round about, w«, Thy dependent children, humbl) entreat Thy fatherl;, notice and care. Grant to Th\ servants now assembled, as the direct representatives of the people of this State, all needful grace and wisdom for their pecu- liar and great responsibilities at this momentous crisis; Give THE CONVENTION OF ALABAMA. 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 timidi- ty — from divided and conflicting counsels; cave 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 reluetant to execute what duty and safe- ty require, quicken and urge them forward! Let patient enqui- ry 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 pro- mote the maintenance of equal rights, of civil freedom ami 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. \ LMES OF THE DELEGATES AS ENROLLED. From the county of . [utauga — George Rives. Barbour — John Cochran, AJpheus Baker, J. S. M. Daniel. Baldwin — .los. Silver. Bibb — lames \V. Crawford. Bloun /—.John S. Brasher, W, M. Edwards. Butler — Samuel J. Boiling, John Mcl'herson. Calhoun— Daniel T. Ryan. John M. Crook, G. ('. Whatley. Chamber* — J. V. Dowdell, Wm. II. Barnes. <'hkre — lieiirv C. Sanford, Wm. L. Whitlock, John Potter John P. Kails. Choctaw — s. !•', Catterlin. A. J. Curtis. Claris— O. s. .Icwett. < '•. T. Yelwrton. Conechu — John < rreen. v — George Taylor, John H. Leonard. Albert Crumpler, Covin p ton — Dewitl C. Davis. OaUai — lohn T. Morgan, Wm. S. Phillips. Ihilr — 1 ). B. Creech, James NfcKinnie. DeXalt — Wttt. 0. Winston. John Franklin. INH PKHATE" !;. \\ . W ilson, E. P. J . - , H 8. W .-kin>. ' \\ ebb, Thos. 1 1. I [erndon. i ta T. Smith. 1 fey, Wm. A. Hodd, John I '. Timberlake. \\ S, I truest. S. I I | . I .1. ,|,,-s. I ». P. I .• -. is, Jai S I srke. i. P. i J. Mc< I Ian. S-. W illiai - - 1 < •. < rilchriat. uel I [end rs i, O, R, Blue, •' . M. I "o Mich ■•■. « llemens. \. < . Beard, James L. Sheffield W. I .. < llarke. jiarion — Lang. C. Allen, W . Stead bam. John Bra ' urn, K. S. I ).m'_mh. II. < J. I [umphries. -Lyman < libbohe. Win. I., Yancey, Thos. If. Watts. -Jonathan Ford. Wm. M Brookaj J. F. Baily. I.' w is M. 8t< 'ii ■■. W. II. I >avis. ke, Jeremiah A. Henderson, v. \\ Love 'olph — II. M. < !;i\ . ( i^T.-r Forrester, B. 3, Wood. fi ' i:. 0. Howard, B. II. Baker. . I>. Shortridge, J. M. McClanahan. Iiu W r . Ii./,r. A . \ . < ' ■! ii Talla V D. Johnson, A.. K. Barclay, M. G. Slaughter. \. Kimball, M. J. Bulger, T.J. Russell. R ■' I '■.. W . I'. Smith. R I ( ! . I [awkins. W I . !; Beck. \ As i!.. Delegates froin the count) of Montgomery, Hon. Wm. L. Yancej and Hon. T. II. Watts, approached the desk (..enroll their names, there were some demonstrations of applause in the whereupon Mr. Morgan offered the following Resolu- tion: tlio members <>f this Convention will abstain from ap- plause on ;ill occasions; and that all demonstrations ef applause in the gallcrii - or lobby slmll be strictly prohibited. THE CONVENTION OF ALABAMA. .-> Mk. Morgan said : Mr. President — I sympathise fully with the sentiment that im- pels the Delegates on this floor-, and the people in the galleries, to indulge in demonstrations of applause, but 1 deprecate the af feet of this excitement upon our deliberations. I have respect fov the occasion, and I feel assured that the besl way to evince m\ feeling is by a dignified and respectful course of discussion and deliberation, I have respect for the Convention and desire to Sec it respected by others, u 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 tins sub- ject, 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 demison. dr.. of Tus -aloosa. In Casting up the vote, it appeared that Mr. Brooks had receiv- ed •").'; votes; Mr. Jemison, 45. This was the entire vote, and was I list 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 tin other slave-holding States. Mr. Brooks was declared duly elected: and Messrs. Bragg Winston and Humphries were appointed to wait upon him, 1m whom he was conducted to the Chair. Redelivered an appropri ate address, and assumed the duties of his office. Wm. 11. Fowler, of Tuscaloosa, was elected Secretary ; Frank. L. Smith, of Montgomery, was elected assistant Secretary ; and Robert II. Wynn was elected Door-keeper. The President laid before the Convention the credentials* of * Credentials of the Commissioner from South Carolina. Till'; STATT; 01 BOUTB Carolina : Wiikrf.as. Andrew 1'. Calhoun lias been duly elected by a vote of the Con- Tention of the people of the State of South Carolina, to act a*a Commissioner the il ladrew P. Calhoun, as a Commissioner from the Stat* lina. On motion of Mr. Yancey, ii \\a- That n Committee >>r three be appointed to wail u|>- «ni 1 1 j • - Hon. Andrew P. Celhoan, Commissioner from the State r 8outh t lina, and request him to address the Convention at he iii.iv designate, and that he be invited tn motion bj M . it « ai That th ■ Governor of the State be requested to ootri- municate t<> tliis Convention any information he may have respect- ing the condition of the country . IH riOM hi RBSISf \\t:i.. I first debate in the Convention arose upon the following ii ions, offered bj Ma. vVbaxlby: \\ in. i.i is, the only bond of union between the several States is the Constitution of the United States ; and Whisk \s. that i Son- stitution has been violated, both by the Government of the I cited id bj a majority of the Northern States, in their separate legislative action, denying to the people of the Southern States their ( '.institutional righto : Ami Win :.>■.-. ,i sectional party, known as the Black Repub- lican Party, has. in the recent election, elected rYbraham Lincoln to the oihee of President, and Hannibal Eiamlin to the office ol Vic President <>t these I nited States, upon the avowed principle thai the Constitution of the United States does not recognise prop- lothe < i.iivi- iii .ii i he people of l he State of Alabama, and toe >.ml people «i t lit- Stat* <>i Boiuh Carolina, lit- ordered the Governor ol aa il Si ie La "tiiiiMiPS'iini I he aaid Andrew I'. Calhoun. Now, thart/bn, I do hereby com- ■ 1. 1 > ~ i< >■■ \ ■mi. i lie —«t ■ < I Andrew I'. Calhoun, to ad a* •< Commissioner Irom iIk . <■! Sum ii Cur. limn, in Convention assembled, n> the State ot" Alabama, invention assembled, i.i coaler upon the subjects soirualed to your il - Bxcelleni'jr. Francis W. Pickens, Governor and Commander- - .ii. I State lies iir-i day ..i Jauuar) . in llie year ol Otlf i i>i«l- One ThoiiMiid Ei|fhl Hundred and Sixty-one, and lue Ki^liiy-lil'ili year ot the tiov- i\ ami I iiuepeudeiu-e >ii the Slate of South < Sarolina. "i -late.] JAMBS A. IX II A>. Deputy Secretary Stab THE CONVENTION OF ALABAMA. *25 criii in slaves, and that the Government should prevent its exten- sion 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 i Government of the United States, to he administered upon such principles, and that the people of Alabama will not submit to be parties to the inauguration and administration of Abraham Lin- coln as President, and Hannibal Hamlin as Vice President of the United States of America. < >n submitting the Resolutions, Mr. Whatlbt said: Mr, President— \ offer these Resolutions for the purpose, in the outset, to ascertain the sense of this body upon the question ol Submission or resistance to Lincoln's Administration. It is known that there are different opinions entertained by members of this I '(invention ; many have been elected as straight-out secessionists, iiheis as eoopera.tionists, and among the cooperationists there is a diversity of opinion. Some are for cooperating with the entire South, others for a cooperation with the Cotton States, and likely some are willing to cooperate with a majority of the Cot- ton States. It is said, there are some in this body who arc for absolute submission; I trust though, these suspicions are not true, •ind 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."' 1 desire, therefore, to ascertain, defi- nitely, the sense of this body upon the question of submission or resistance. It' We shall determine for resistance, as no doubt ire will, then the next Step will be, what kind of resistance shall we offer .' Mi;. Smith, of Tuscaloosa: Mr. President — 1 do not object, so much to the resolutions themselves, as to the reasons assigned by the gentleman, [Mi'. What Icy.] for their introduction. It is proclaimed that this is in- tended as a test ; the test as to submission ' The intimation is un- ions. It is inconsistent with the desires of harmony and con- 3 TORY AND DEBATES 01 ssed li'iv by all parlies. U if our deliberations. It is true, that h ■ 1 b) the electrons which have had I am of that minority : bul I with submis8ionists ! There is not one in ■ orn the prospective Black Republican rule as tnuch is t!i from Calhoun. [Mr. Whatlov.l or any rtf his the gentleman'a sp. ech, besides the undisguised ex ion, the appearance of a desire to stir up i harmonize friends. If this is thi harmonj you preach and practice, you will have nothing in this ii bul the most unpleasant scenes of stubborn, sullen. unyielding antagonism. All good men should deprecate that, ading sentiments of die resolutions I endorse. I am per- fectly willing a determination to resist a Black Repub- ■. illustration j but I may not (ho for this long itring !'■ nt a naked question of resistance to . publican rule, and you will doubtless receive a unani- mous vote in favbr of it. But do not so interlard it wit! dit'ns and political abstractions that we shall be forced to reject good on account Of it< too close association with the evil. I object particularly to make an intimation tli.it 1 would oppose h\ the inauguration of Lincoln. 1 would not have anything to do with that in any way. I deprecate the idea of intimating to die people, even remotely, that the lawsOUghl not to lie respected. If gentlemen arc earnest in their wishes to procure here, and at this time, an emphatic expression of resistance, I have no doubt die res. .1 ul ions can he so a nieiii led as In meet 1 he cordial sup port, of all of us. I am not. willing to say. as docs this resolution, that the sepu action of an j State has absolved Alabama from all obliga- tion to continue to support the Government; of the United Slates \ State nfca} violate the Constitution and still the General Got ut may not he at fault. Let the resolutions he amended— stripped of their verbiage, so present the single question of resistance, placed in its true position, and I will support them. Mi;. Pose's said : Ik opposed the resolutions, because the 6rsl recital in th© tmble places resistance to Mr. Lincoln's Administration upon - ot the Federal Government, as well as those ok THE CONVENTION OF ALABAMA. 27 the Northern States. The last charge is true; the first is not true. There have heen no agressions oil 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 thai law. The aggressions of which we have just cause to complain, have been made \,y the people in some of the Northern States, and by the Personal Liberty Bills of thirteen of these States. They have violated the Constitution ol' the I uiied States, in these unconsti- tutional enactments. Mr. Posey admitted the South could not submit to the princi pies presented in the Chicago Platform. Resistance to the issues made up in that 1'lalform was forced upon the people of this State. Th,>\ had no other alternative placed before them in the Chicago Creed, hut 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 011I3 . This is not expressed, hut the fair construction is, that separate State secession is the kind of resistance pledged by these resolu- tions: when it is well known that the cooperationists in this Con vention have declared their opposition to the principles of th< Black Republican party, and their determination to resist a Go> eminent administered upon their policj : hut their plan of resist ance is no1 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 ac- tion, with the other slave States If we V'OtC i'"V these resolutions, in their present shape, we shall have committed ourselves to separate State action, to which the eooperationists in this bodj stand opposed, for the reason, w greatly prefer another mode of' resistance, considered by us to he safer for the country, and not less effectual in assertingand main- taining all our just rights. M 1:. '1 akcky said : Mr. President—] favor the passage of these resolutions. Thai they are a test — ascertaining whether there are any submission- ists or not in this body, is no objection to them in m\ mind. It is said bhey are offensive because it is a test. They ought not to be offensive, in my opinion, to any Delegate who is no1 in favor of submitting to Lincoln's Administration. That there are such H . I am unwilling to believe, and I desire iliat the world shall know there ire none such, if such is the foci : while at the same time, if there are any, 1 desire to know it. and the Convention should know it. !• Mid that this resolution will create discord atnongsl • united action. It will be observed, thai the resolutions are carefully worded and framed. The) do not designate the mode of resistance. — j offend no man's opinion upon the question of - (cession or lotion. The) de net discriminate in favor of separate, or of cooperative State action. They simply discriminate between those who are willing to continue the I nion upon the principles of the Black Republican party, and those who are willing to resist them, and to diss. .he the- Union rather than see the Government administered upon those principles. W ith all who can vote for tlusc resolutions, I can confer, and hope to come to a common conclusion. With those who shall against them. I have neither feeling or principle In common-. \! i.. < i km! s - said : '/ I -I object to this resolution, not s<» much on ac- count of its terms, as on account of the avowed motives which prompted its introduction. The gentleman fr Calhoun tells us thai he desires 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. Mow, sir. the proposition to make | test on such a subject, necessarily implies suspicion, and suspicion is always mor ■ less offensive. If. therefore, the gen- tleman is a correct exponent of the wishes and feelings of the ma- jority — if thai is the temper in which we of the minority arc to be met, I give them warning that our session is likely to be u stormy on.'. We may be persuaded to go a longways. We ■cannot be driven an inch in any direction, and the attempt to do it will not only result in failure, nut must produce a state of things whose consequences I will not picture. THE CONVENTION OF AtAvBAM-A. 99 I came here, Mr. President, rightly appreciating, as I think, the difficulties before us, and prepared to do all that ought to be dome t<> promote harmony among our own people. H see very plainly that a time is coming when our very existence as am independenti people will materially depend upon a cordial union among our- selves. I am no believer in peaceable secession. I know it to 1r> impossible. No liquid but blood has ever filled the baptiisma' 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 in- fluence ; to keep constantly before his eyes the one great duty of reconciling conflicting opinions, and smoothing away existing as- perities. Such, I am sure, is the general feeling of my party friends. But we arc 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 pre- pared to go any farther than I am, in resistance to Black Repub- lican domination. There is no danger to be incurred in such a cause, so great that 1 will shrink from sharing it with him. There is no extremity of resistance he can propose, in which 1 will not join him, provided it promises to be effectual : but I do not con- cede 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. 1 tell him that he has adopted the wrong course, and his effort will end in failure. For one. 1 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 tostt lie would be very unwilling. 1 imagine, to let the impression go abroad that (here are forty-six members of this Convention in favor of sub- mitting to the rule of a Black Republican President, elected up- on a Black Republican platform: and yet. sir. I see nothing- more that he is likely to accomplish. I shall make no proposition to amend. 1 shall not seek to evade a direct vote by any parliamentary expedient. I am read J to record my name upon the resolution as it stands. I shall vote \m. and Leave the consequences to take care of themselves. Mi:. W'iiii wisox said : The resolutions under consideration are eliciting more d)SCU8 ill- : i than I sinct' all, so far as 1 am informed, arc t, and will not. siiliinil to the Admin- n and Hamlin. The resolutions affirm nothing j here who think otherwise, lei thorn come men and This would make an issue, and relieve task < to parliamentary I »r the purpose of escaping discussion, and avoiding .« 'I on tin- main question. When I lirsl heard the Unions read from the Secretary's desk, I flattered myself they ild be unanimously adopted without debate* I Mid Batter ■-•li'that the objections are to the ■ and nol totheques [f so, 1 hope gent lei i will .-.• tl out the ds. It' opposed to tin- resolutions, let them state thd - of their objections, and oflfer amendments indicating the I deem it important to adopt the resoluti6ns [uently am prepared to accommodate gentlemen voting for any amendment not incompatible with the meaning spirit of the resolutions, as they now stand. Mi:. \V HAT! B1 Said : Mr. President — Gentlemen of this body have misapprehended my object in offering the resolutions at this early day of our s.-- siou. 'I In' 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 tale- po- sition upon this subject. We art' misrepresented at h aoeoad. We are represented North as submissiunists. Even in this city, different public prints represent us indifferent ways, and particularly in the Northern portion ofour own State are our po- sitions n. I desire, sir, that these misrepresenta- tions may be speedily corrected, and that even during /.'<>■■< day the telegraphic wires may transmil the glad intelligence abroad, that Al.d.ama will never submit to a Black Republican Adm'mis- ' "ii. Liscussion was continued, with much animation, a consid- erable time, and the resolution was bo amended as to satisfy all parties, and was passed unanimously, in the following shape : _ ^ R I3j ih" people of Alalia ma. in Convention asseml 1 hat the State of Alabama cannot, and will not. submit to the linistration of Lincoln and Hamlin as Presidenl and \ i ■ ■ ident of the United States, upon 'he principles referred to in the preamble. HIE t'ONVKNTION OF ALABAMA. 31 SECOND DAY. January 8th. — Mr. Yancey, from the Committee to wait on the Hon; Andrew I 1 . Calhoun, Commissioner from South Carolina, reported thai th ■ C immittec had performed that duty, and that Mi-. Calhoun was ready to address the Convention at such time as it should desire. On motion by Mr. Jones, of Lauderdale, i1 was Reeolm ; . That-tUe Hon. A. P. Calhoun. Commissioner from South Carolina to the State of Alabama, be requested to addres! the Convention at this time, and make such communications a may desire. Mr. Calhoun was then introduced, and addressed the Conven- tion^ in substa : Mows ; Mu. 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 doubt less have sent an abler son to represent her, but she couM, not have one whose hearl wasfilled with more kindness and attach- ment, or one who would extend the hand of fellowship With great er sincerity or regard. It was during the many years I sojourned among you, I learnt how td appreciate the intelligence and ener- ur citizens, and how properly to estimate the vast an8 varied resources of your State: a State second to but one as a cotton producer; to none in mineral wealth, especially in coaland iron: so potent to the world, either in the mission ol peace or war: a State that instructed her Governor to call a Convention in the event of the election of.fl Blact Republican for the presumed pur- ■ of meeting the gl I To such a State, South Carolina would Willingly 1 ajued the position of leadership in the great drama of events that arc pressing to a rapid solution, nut by a combination of accid ntal causes, the initiation of the contest devolved upon South ( larolina. The Governor of South Carolina called an extra session of the Legislature to < i the Presidential vote of that State. Continuing in session for a few days, the election of a Black Republican or sectional candidate, was declared; an I feeling that submission would be both degrada- tion and annihilation, she called a Convention forthwith of the people to assemble on the 17th of December. At once the St RTBTOm AM) I>KI1U» of in up-hearing of the j pie. No leader or [( t, or stemmed its impetuosity. Ths » public opinion swept over the lower, the middle, and leaped lie mniiiitaiii districts. The result was. the ( !on Msembled with unprecedented unanimity. Some time i oonsequeni f i loathsome epidemic raging inColum 1 invention to adjourn to Charleston. < >n the IimIi a sneering voioe from Alabama Your ( ■sioner,* who so ably represented your State, and was to a to the <>ih' to which he wss accredited, presented a I four patriotic and popular Gk>vernor, that carried an thrill through every heart — M tell the Convention to listen ; : ii osition of compromise or deiaj ." The next day, ths 20th, came the Ordinance annulling the compact which South !in:i had entered into in 1788 with twelve other soven id resuming all delegated power, Bhe became a free, so\ _n. and independent commonwealth. At this point, theacou- inula ssiona of the third of a century fell like shackled at feet, and free, disinthralled, regenerated, Bhe stood before her 1 people like the genius of Liberty, beckoning them on to ; • performance of their duty. Tip- argument closes hen bo far as Federal aggressions is .1 Carolina are concerned. Bui may wc not pans- in rever and admiration before the vast monument built up bj thern genius and eloquence, in defending and warning a pur icction <>r the measured approach of despotism, and that, .ii the face of ths frowns and blandishments of power; and were some who, braving the imprecations of the enemy, the importunities of friends, persisted in performing their - I duty t<. their section at all and everj sacrifice. In obedience to Instructions, I now present a certified copj of in 4 hrdanance" to dissolve the 1 nion between the State of South • lina and other States, united with her under the eompact tied the ■■Constitution of the United States Of America. I ilso instructed to invite your cooperation with South Carolina le formation of a Southern Confederacy, and to submit the Federal Constitution as the basis of a provisional government. — lliai instrument, with the Southern construction given to it. I be safe until it, or one. could be deliberately amended and perfected. The exigency requires for the present, prompt and dli tl action, and lor this purpose I .•mi instructed to invite your r in I invention at the earliest practicable daj . Bloiore, of Montgomery, CoatraUwoiter frpm Alabama ■ South f'nr THE CONVENTION OF ALABAM t. 38 Mr. ('. prooeoded to say thai, before he left Charleston, thie Com- missioners to t lio 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 authorised to say am thing on thai point himself. Mr. C. here presented the Report and Resolutions from the Committee ou M Relations with slaveholding States, providing for Commissioners to sneli 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 tin slaveholding States." and then proceeded : That no better illus- (ration 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 cvvvy vestige of' State sovereignty. Even the mask that covered its ag- gressions is now dropped, and it is making war and striking at in- dependent 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 toevery friend of free- dom 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 Jo the last extremi- ty, be the consequences what they may. A common cause unites Alabama and South Carolina and the other cotton States. A.H 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 unfurl- ed in my State from the mountains to the sea-board. Old and youug rally to its standard with the determination, if the attempt is made to coerce us. that we will '"die freemen rather than live slavo." Mr. Calhoun then laid before the Convention sundry documents, connected with his mission, which will be found in another part «>f this volume. This History would not be complete it' it wen to eoaceafthc 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, :uid served the pur- pose of keeping up the ammati<>i . ! ins in I be 1 1 oomprora I i nt." M< ■ , .. •iic hundred an I l\\ - '.■ (112) all the means i l all will b* righl ■'" \. V. HOPK ■ ■ | Montgomery . Ma., Jan. 8, 1861 . j In " i Im the < lonvention pommunicatc any information I maj bavi* dition of the country, I herewith transmit ■ infuri ■ ■■ bicfa are respectfully submitted t<> the i'. ention. Vei \ Cully, \ . B. MOOR] . The I ibl) at i: ousiy, with two exceptions, resolutions requiring the Governor, in the m of a Block Republican, to oi\l< i cl cti< u i a Convention of tin- State. The contin- ii] . ■ L having occurred, making it necessary for me mention, writs of election tfere issued immediately ■ of the elector ial coll egi t. It was my opin- ion tluit, uuder the peculiur phras of the resolutions, I was - upon the casting of the popular I. therefore, determined uol to do ilding States have a common interest in the THE CONVENTION OF U..\i;AMA. '■'>'■) tutron of slavery, and niiisi be common sufferers in its overthrow. ! de med it proper,and it appeared to be the general sentiment of I he pro | ilc, that A la! -a ma should consult and advise with the Other slaveholding Slates, 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 a bled, and thai the Legislature** of some of the States would meet, md might adjourn without calling Conventions, prior to the .meet- ing of our Convention, and thus the opportunity of conferring with them upon thegreal and vital questions on which you are •ailed to act — 1 determined to appoint Commissioners to ail the slavelv tiding Stall's. Alter appointing them to those States v. h< >s< iticMis and Legislatures were to meetin advance of the Ala baraa Convention, it was suggested by wise counselors, that if ) lid not make similar appointments to the other Southern Stati S, it would seem to he making an in vidious distinction, which was not intended. Being convinced that it migh't be so considered, ! hen determined to appoint Commissioners to all the slaveholding Stales, and made the following appointments: \. I\ Hopkins and V. M. Gilmer, Commissioners to Virginia. John A. Elmore, Commissioner to South Carolina,. 1. \V. Garrott and Robert II. Smith. Commissioners to North Carolina. J. I.. M. Curry, Commissioner to Maryland. I >avid Clopion. Commissioner to 1 >elaware. S. F. Hale, Commissioner to Kentucky. William Cooper, Commissioner to Missouri. L. I\ Walker, Commissioner to Ti i David Hubbard, Commissioner to Arkai John A. Winston. Commissioner to Louisiana. • I. \\. Calhoun, Commissioner to Texas. L. I '. Bullock, Commission* rida. i Gill Shorter, Commissioner to Georgia. 1'.-. \\ . LVttus, Commissioner -to Mississippi. All these gentlemen are well known to the people of Alabama, and distinguished for their ability, integrity and patriotism. Tip' following is a copy of the commission to each of them, in sub- stance : . ) mery, AJ . ] Wiikiikas. the election ol Abraham Lincoln, a Black Republi- can, to the ] ctional and l>\ .1 part) wh agaud publicly avowed obje* notion of the institution of slavery as it exists in the St . j, is ,ui accomplished fact; and whereas, the suc- and the power which it now has, and soon will tly en langer the peace, interests, security and honor of the slaveholding States, and make it necessary that prompt and as should b I i" avoid the evils which lit from a Republican administration ofthe Federal I rerntnent; and as the interest hd< I destiny of the slaveholding ili'- tame, they must naturally sympathize with each : they, therefore, so far as may l>e practicable, should con suit and advise together as to ^ hat i- best t<> be done to protect their mutual interest and honor. Now. therefore, in consideration of the premises, I. Andkkw T>. nor of the State of Alabama, bj virtue of the gen oral powers in me vested, do hereby constitute and appoint Col. John A. EH more, a citizen of said State, a Commissioner to the S ■• of Smith Carolina, to consult and advise with 1 1 1 — Excellency, < Jov. Wm. If. Gist, and the members of the Conven tion to be assembled in said State on the 17th day of December, ■ > what is best to be done to protect the rights, interests and honor <>t* the slaveholding States, and to report the result of such consultation in time to enable me to communicate the same to the ' 'on vent ion of the State < it' A la ha ma. to be held on the 7th da} of January next. In testimony whereof I have hereunto signed m\ name, and can .. s , sed the '■ Seal of the State to be affixed, in the eit\ ■ of Montgomery, this day of December, A. I). I860. A. B. MOORE. I herewith transmit to you the reports, so tin- as they have been received, and will lay bei »re the Convention an\ others that ma} In- made, immediately on their receipt, f trust that my course in the appointment of these Commissioners will meet the approbs ■ »f the ( "on\ ention, Having satisfactory evidence to believe that Alabama would withdraw from the present Union, I considered it mydutj to take such steps as would enable the Convention and Legislature to pro vide the means of putting the Stale in a condition to protect and ■ !■ fend her citizens, in the event of her secession. Knowing that the Treasury was not provided with funds suffi- cient for the purpose — that bonds, at Buch a crisis, could not be I out of the State, except at a great sacrifice, and believing that, at such a time, additional taxation Upon the people should be I voided, possible, I determined to take the responsibility of re- THE CONVENTION OF ALABAMA. 87 questing the banks to suspend specie payments, for the purpose of retaining their specie to aid the State, provided it should be- come necessary. With this view, I addressed a letter to each of the backs, a copy of which will be found in the following address to the people of Alabama, published on the day of* Decem- ber, I860. I refer the Convention to this address for a full state- ment of the reasons which induced my action in (his matte?: Executive Department, / Montgomery. Ala.. Dee. 17. 1S<><». ( To the People of Alaisama : 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 in- terests and honor of the State in the impending crisis J and for the further purpose of authorising the banks to suspend specie pay- ments, 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 hanks, either as directors or stockholders. After giving to the subject the fullest considera- tion, and viewing it in all its bearings, I determined not to con- vene the Legislature, for reasons which 1 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 econo- my is a matter of the highest consideration, ought to be avoided, if it eoidd be done consistently with the public interests. It' the Le- gislature could anticipate the action of the Convention, and pro- vide for it, it would supersede the necessity of convening, after the Convention shall have acted; but this would be impossible. It was i 1 1 v opinion, that if I issued a proclamation calling an extra Bession of the Legislature, everyone would believe that the object, in part, was to authorize the banks 1 " suspend specie pay- ments. This WOUld have caused an immediate run ujm.ii them, and would, in a great measure, have exhausted their speck-, and thus rendered them unable to aid the State in her emergency, or relieve the people. It appeared t" me. that these difficulties could be avoided., by .'. bicfa oevei should other circumsl I considered it a matter thai the specie, in the vaults of the as it could In* done, m order !>r<>\ iding the in 'If in the [1 would be inexpedient, :it sueh ;i time, i" mis could not n..w be sold, except at u [ i I it tli" duly of banks, upon whom I, toci ■! i it • to tli" aid <>t' in ber li ■ of ne< I, and therefore determined to request .. at the same tim nd specie payments, and retain their Bpecie for tb ■ benel iiritj of theState, so i In tins way, a run upon the banks would be avoided, and the\ condition to relieve the State from immediate- pie, or selling bonds at a henvj discount; ami ion of tli- I ii n :— The ; eouliar and extraordinary Btate of public uffaira and the interest of the State, make it a matter of State oe in in tin- vault- of the banks all the gold and silver in their possession. Prom present prospects, there oan scarcely be a doubt that Ala i the Union before the 4th day of March next. Should thai occur, it will 1 y for the than a million ll it or its equivalent l nder the circumstances which surround ua) we could aoj sell State bonds, either in the North or in Europe, ea- st a ruinous discount ; and it would bo inexpedient ti tax ■mediately for thai purpu.se. Hew, then, ean the re the money, thai may be n< in her emergency '.' practicable plan now presents itself t i my mind, and call upon the banks of the State to oome to our. aid. The ill-, and the suspension of the South Carolina and . will create more or less uneasiness in the minds of bill-holders, and will induce many of them to draw the specie THE CONVENTION OF ALABAMA. UU 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 Btrongly urged, from various parts of the State, to convene the Legislature, for the purpose of authorizing the banks to sus- M'nu -; i qic payments, and thus enable them to retain their Bpooie for the purposes suggested. 1 have reflected much and anxiously upon the subject. 1 am satisfied, were I to convene the Legislature lor 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 haye in view. With the view, then, of enabling the banks to retain their spe- cie for the purpose aforesaid, I deem it my duty, under the cir- eircumstances, 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 legal- ise the act. 1 will sanction it, and will iustitutc no proceedings against them ; and in my message to the Legislature and Conven- tion 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, lam 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 T have written similar letters to all the banks. The contents of this communication are respectfully submitted to your considera- tion. Very respectfully, your obedient servant, A. B. MOORE. At in} suggestion and request, and for the purposes stated in :n\ letter, the Commercial Lank at Sehna, the Central Lank at Montgomery, and the Eastern Lank at Eufaula, suspended this day. It is due to those banks that I should say (being advised of their condition) that they arc able to sustain themselves through the crisis, and that they have taken this important step with tin 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 the) would give this communication. There i> no necessity for any depreciation in their not'-, as there can be no question of their solvency. |0 niBTOtn LND Thecircui inder which they have suspended, should re- • then from any censure. If censure ia t > fall upon any ii thould be ii]. mii m>'. and I rely for my jastifioation upon die manifest pro| riety tod necessity of the sot, aa well aa the mo arbioh induced it Tlio Hank, of Mobile, and the Southern Mabama deelioa to Buspen 1. but patriotically pledge themselre* to raise their proportion of the amount suggested in ■y 1. f. r, should there be a necessity i'<. liable to be prejudiced by the I banks "I' South Carolina and <■ i! ■ • their ability t.» aid the Stat.- without suspending apeCie paymei The Northern Bank .t llunt.-vill sspend, oa icooool "l' pccoliar circumstances which surround it. I have n >w briefly stated tin- circumstances and Carts, sonneet- itli the auspeosion "I' three of our l>auks, in aooordaooe with tin- j ■ rt . 1 1 1 1 .- > • cootaioed in my letter, and hope they will be aatisfae- to the enlightened and patriotic people of Alabama, fur whose beoeftl tliis great responsibility lias been assumed. a. B. MOORE, 1 am authorised t<> say that the banks arc prepared to loan the their proportionate share of oae million dollars, should her quire it 'I'll- 1 i is aware iliit I bare bad tforl Morgan, Port Gaines, and Mount Vernon, occupied by the troops of Alabama. — M \ reasons i'"r tlii* important step arc briefly and plainly set forth in the following letter to the President "i the I nited State-, tu I v. i- officially informed tint the !■'. >rts and Ar>enal had been OCCUpted ' K\i Ot n\ i. hi i' \i; imi.n r. I Montgomery, \l t , -Ian I. I 861. [ To Hjs Kx< i i.i.i S( J Jamba Bi • ii w an. I IM N I (.1 i III. I M I ID Sl'ATKS : Slit: In ■ spirit ol frankness, I haute U tO inform you by letter that, by my order, Kort Morgan and I'mt Qaines and the United .; at Mount Vernon, were, <>n yesterday peaceably tpied, and arc now held by the troops of the State of Alabama. That this act r destruction of it. while peaoeable relatione continue t" I trust they will The Forts and Arsenal will be held : ler, only for the precautionary purpose t'>r which they • taken, i I to the control of the Contention of the ; isMemble "n t he 7th insl With distinguished consideration, I an yum- obedient servant, A. B. MOOttK. ■ and Arseoal will be held subjeci to such instructions ami directions as the Convention maj think proper to give. Strict rs huvo been given the officers in command .it the places n.en- I, to take an inventory of the arms and ammunition, and .pub- itores, and see thai all are protected and preserved. I am fully aware that, in all 1 have done in regard to th< herein communicated, 1 have taken great responsibilities, — For my justification, I rely upon the propriety and necessity of the Bourse I have taken, ami njpon the wisdom and patriotism of the C uveniioa and people of Alabama. In this great and trying cri- I have done all 1 could do t<> prepare the State for any emer- ■ i it might occur; Tbegreatand respooaible duty of pro- tecting the ri^ht-, interests ami honor of Alabama, is cow imposed ■in the Convention ; and I do not doubl that her present proud ami high position will be maintained. Maj the ( '"'l of Wisdom ii-i i Justice guide vou in your counsels. A. B. MOORE. 'I . President laid before the Convention -the following tele hie dispatches, from the Hon. Edmund W, BettUB, Comruis ■loner from Alabama to Mississippi ; and from the Hon. K. < Bullock, Commissioner, from Alabama 66 Florida: "Jackson, Sfiss., Jan. 7 . "A resolution has been pat a Committee of fifteen t" draft the ordinance of secession." E. VV . I'i.i 1 1 . "I mtion met at twelve (12.) Mr. Barry is President. The Si ite w ill probably Becede to morrow or next .) adopted resolutions in favor of immediate secession. Committee appointed to prepare ordj-' nance yf secession." E. C, Bullock. 1'IIE CONVENTION OF ALABAMA. 43 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 in- timated that the galleries would have to be cleared if order was not observed. This led to a discussion, and the following propositions : Mr. JEMISQN introduced resolutions as follows : Resolved, 1st. That all the deliberations of this Convention shall be held with closed doors, and in secref. unless otherwise directed by the Convention. Resolved, "id. That on a motion to open the doors of the Con. vention, therfl shall be do debate unless by consent of two-thirds ol 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 Convection. \lved, 4th. That an obligation of strict secrecy, in regard to the Becrct 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. Barer, of Russell, moved to strike out the first resolution and insert the following : Resolved, That whenever this Convention shall deem it neces- sary to hold a secret session, it may be done on motion and a ma- jority vote of the Convention, and thereupon the Door-keeper shall clear the lobby and galleries, and that no debate shall be had oa .1 motion to g i into secret session. \\ ::. Yancey said : That he was iii furor <>f secret sessions on certain questions-. The proposition of the gentleman from Tuscaloosa [Mi - . .Jomi | however, was not such aa wholly met his approval. That proposition makes secret session the rule, and open session the ption. lie won!. I revi rse it, and make open session the mlr and - 'i- exception. Whenever any matter eanu up, which it would be policy to consider in . it. would be easy to movft to close the doors. nt8TOm vm> OKI I i >iit little real moment, which w ;i\ I he would rote for the t s of the gentle- m Tuscaloosa, ("Mr. Jemison,] rather than not have ffer upon the President the | s to be dosed, when in his judgment it was prop- gsion; this would remove another objection which has been urged against closing the doors upon motion by of the majority of the Convention : thai is. the necessity ling to the house the subject-matter which required secre- cy in deliberation, ami thus defeat the sole object of Bitting with lent of the Convention must know the nature of every itch and from the Governor; in a word, the chair know what is toe character ofaU subjects demanding the this body, and in his judgment and sound discretion i Ij<- Convention may safely confide. questions of verj grave importance, whichpru- i and the public safety alike require, should not > et bemadepub- ' Er. P. admitted to be true ; at the same time, he was unwilling lopt the rule ofsecrel session, and open doors the exception, that much of the business of the Convention may that delicate complexion, requiring closed doors for its consideration. lemonstratious rnthe galleries, Mr. I'. admitted, were im- r; bul lie thought such indiscretions would not be repeated; is unwilling to exclude from thegalleries so many of our fellow citizens, who. in oomnv n \\ ith the members of this Conven- tion, were so deeply interested in its deliberations. Mi:. Willi imbon said : \ i _. oeral rule, applause in the lobby and galleries should tolerated; but regardless of rules, there are times when ■ of the abundance ofthe heart the mouth speaketh." This, -ion. winch, ill niv judgment, justifies a departure that rule I ha\e DO doubl Iml that AJabama will respond tunder tones to the coble sentiments expressed by the gallant edited to our Stale, tor the purpose of notifying us all) of tie ■■ of South Carolina from the United States. In the course of his remarks, be informed us. that she was indue- THE CONVENTION OF AI. \ISAMA. 45 ed to take the step, believing it to be essential to the vindication of heir rights and honor, againsl a dominant sectional party, benl upon the destruction of the whole South. This, sir. main of us believe j and when told that her sons, from the mountains to the sea-shore, had determined to strike, if need be solitary and alone. mi defence of Liberty, it was quite natural for those who feel deep- ly, and anxious, it once to unite with them in repelling insult and injury, to give expression to theis feelings. 1 am sure, but for the deference and respect entertained for this body, the air would have i rent with a wild shout of approval, instead of' the utmost ip dible hum of applause from the lobby and galleries. Mk. Clark* of Laurence, said; If the design of such demonstrations is to influence the deliber- ations of the Convention, they will prove, no doubt, utterly fruit less; and therefore, it' there were no other objections, 1 would be in favor of permitting gentlemen to amuse themselves ad libitum, by hand-clapping, foot-stamping, big-smiles, or in any other man- ner, which their singular appetite for noise might prefer. There are other reasons, however, why this elamor from outside places should be suppressed. In the midst of the confusion it is impossi ble 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 :\\h\ impressive. That we are enacting a drama for history is ab solutely 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 persona will not only have fuller sweep to play "fantastic tricks," but applause from an enraptured auditor,) will be entirely proper. Mi;. Mo in. in said : Mr. President — I have before expressed my opinion that the ■ r of this bodj should be preserved against all efforts to dis- turb it. So far. we have found it impossible to preserve proper order, and the result has been that we are unable even to OOmpre hend much thai has been --aid by members of the Convention Allusion has been made by some gentleman to the tint that we represent the people, and that the people have a right to wi" our deliberations. 1 am very fond or the people, hut ! have al ways found that the besl recommendation a servant can It'diu" to U18TOR1 vm- DBI ' no his duty, not with ey< The impossibility i applause witli the feel has been referred entleman. I regret this, for while I admit thai the i thoughts which have just been uttered b) the nissioner from South ( larolina have fallen upon heart with unusual power, I thought the occasion, the presence, w huh he has inherited, and lived to honor, would per and purer tone of feeling, and a more . ■ mode of < xprcssion. I low that soil of patriotism which glows in the burning cheek us in the falling tear; which brings our manhood ap eo f great Buffeirng tot the cause of right and justice, I approve it more than I do that seal which rattles ofl rtmiids of applause with the feet and with canes upon the floor. :is can be shown for the adoption of the resolutions >f the gentleman from Tim It will remove from this chamber the hoi impulse which moves the people to demand the immediate Ordinance of Secession. Even argu- beard ou both sides, and we musl tab I to. gether. No man can render me a bettor service than to k< ep me took until my judgment can fully approve a measure which v emotion of my nature urges me to adopt. I am now pre* pared foi B i, fully prepared, and anxious£o hasb n the mo- • of deliverance. Bui I must not go alone, while others, wiser myself, maj ask me todelaj until the) arc prepared to go with me. or until their reason admonishes them that the) cannot I speak in reference to the people ofourown State. I would. i^t. listen )■ spectfuU) until I should be convinced that longer less or dangerous. W. cannot debate the question properly in open Convention. Connected with the question of Secession there are mam tacts which, for reasons of public policy, ought not now to b< stated. \ o Convention of the character of that now sitting here has con lucted all its deliberations openly. Mo skillful General "^ pro dent Diplomat would open the secrets of his counsels to the ear •»f his adverser] or enemy. Why should we do so 1 Arc wo in i more secure position than our fathers were when the Congress, ■ Philadelphia, was sitting with closed doors and promulgating nid laws under the veil of Becrcoj to the people >KV H?0 DKB ire of the people to listen to our disoussions mil-' if we -ire to judge I »y the manifestations of rest which round as. This desire should be gratified, ml a just regard to the public interest ihould allow. Not only bare tin- people a great desire t" hear and what \~ going mi in t!iis body, hut tiny have the right to hear and ■■I this right sfcouLj nut he abridcd. except IV. 'in positive And the people have not only 1 1 1 « - right to see ami tu hear, but i i ■ :• ast t<> be - aeus< d, if. now and then, under of rapture, which may sometimes be uncontrollable, they should give utt bo their feelings in such demonstrations as wi' have witnessed to-day. II.' was not able a4 ail times to control . be was willing to judge others by himsejf. Mb. Jos i b, of I. and. rdale, laid : ur with the gentletneo from Russell, [Mr. Baker,] in moat of the remarks be baa just submitted t<> the Convention. Like him, I believe, thai on all proper - the people should be admitted t.> the galleries t<> witness the action of their representa- In ti: when the public mind is deeply moved by -wh< ii expectation is on tip-toe to catch every re- port in reference to the acti.ni of thi> body, armed as it i>. with powers full and ample i.> tear down in an hour the Government under which we were born — it Is* not t.i be presumed that the peo- pie, interested alike with us in the great drama now being enacted, should be spectators unmoved by the sentiments expressed on this floor. But, air, there are bounds beyond whiofa the exhibition of thi> feeling should not go. The boisterous manifestation of applause or dissatisfaction is In, compatible alike with the dignity or this body and the calm and thorough investigation of the momentous issues intrusted t.i us. The gentleman from Russell says, "This applause should not be suppressd;" he says. "That when men feel deeply they musfspeak • ■ui," ■' that, it is customary in his section for persons when they i ohurob and gel happy to shout as loud, and as much as they please, and no one dares object." To all this I agree. I will, how ever, suggest, that the great Methodist Churoh, ofwbioh 1 am an ide pillar, e. msider this a< one of our reserved rights, and yet, we limit the enjoyment of this privilege to our own churches; we always quiet when in the house of our Presbyterian or Episco- pal friends. Nor is this the proper house for the manifestation of popular applau TIIK CONVENTION OF ALAliAM A. l!» Mr. Baker, of Russell, said : He w;is 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. 'Mix. 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 him self I assure him that I am not yet a member, hut when I do join, I i'ear T shall meet my friend from Russell but seldom, for I intend to keep out of doubtful company. This discussion was coutinucd, with much animation, when Mr Baker's substitute was lost, and the Convention resolved to sit, . a general rule, with closed doors. SECRET SESSION. Mr. Watts presented the following dispatches received at Mont- gomery, dan. S, 1861, hy 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. V. HOPKINS. Received at Montgomery, Jan. 8th, 1861, by telegraph from !'< nsaeola. To T. II. Watts : Sec Major Chase. Send us five hundred men immediately. L< : us know: A E. MAXWELL E. A. PERRY. Received at Montgomery, Jan. 8th, 1861, by telegraph from Mobile, Ala. To Gov A B. Moorb : Shall United States armed vessels be permitted to enter harbor ft'-..., shall they be Bred or ami destroyed ': Bpedifie instructions wanted Th< v " should '■■•"t enter, i Ise our forts have no protection G. B i'i v u. \\l> DEBATK8 <>v \] \ \ •. : , tu •• ■ i thai ■ committee of one bo appointed to rernor, and :_'et any information he may have in i Vdopted, and Mr. Kctohum ap- ii im returned and reported verbally thai the \- ( rncr would make o communication as si on as it could be prepared TROgPS TO BE SENT TO FLORIDA. Mr. Cochras following resolutions : /,' '. Tli it i ';.• I . »i of this State U I and authorised to take Buch i employ such measures, as in bis _■■ ien( may be di to protect the interest of the people <>t \lal 1 that his action io taking temporary >o <>t' the forts and arsenals within the borders of Alabama is uppn I: oable the Governor to carry out the ob- of the preceding n solution, the slim of ten thousand dollars ia hereby appropriated and placed at his disposal Mr. 1 trikc out all after the word "Resolved," and in That the Governor of this state bo instructed to accept tfa - of five hundred Volunteers, to be. placed under orders of the roor of Honda, with a view to the takin in of the sola, for the purpose of protecting the State of AJa rcion, during the deliberations of thi* m upon the question of resuming the sovereign powers of \ labama ; and for thi . ten thousand dollars be appropiiat ■ i out of funds in the Treasury. The amen Imenl v. . 1. as was'also the following amen. I inent offered by Mr. I > \\\<. w : /.' • '. That the citizens of this State who have volunteered for the defenc . or who may volunteer as soldiers under the authority of our si holding States for their defence dsI any hostile or ooeroing power, shall be protected by the this State, against any proceeding which may be insti linst them by the Government of the United States on that account Mit. «'i.i mens said: That he doubted the power asserted in the lution to appropriate money;. Bui he did not regard that as im- THE CONVENTION OK ALABAMA. 51 portant He was not satisfied that there was any real necessity for the passage of the resolution at all. If there was an emergency, he wduld not pause to inquire into smaller matters But if the resolution was pressed, without further information, he should be constrained to vote against it. M.R. 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 peo- ple of Florida is now in session. They must be permitted to delib- erate in peace. It would be unjust in us, under the circumstan- ces, to pause for further information. To doubt the existence of the necessity for this aid, as requested by Florida, would be an in- dignity to that State. Tf the aid is to be granted, let it be grant- ed at once. One day's delay, and all may be lost. In emergencies, 9UOh 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. Ml?. Kl.MV.Ai. said : Mr. President — 1 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 set- tled purpose on the part of the authorities at Washington, to wage immediate war on the South. The reverse to my mind seems con- clusive. 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, f see. as 1 think, motives in this matter that should not he brought nto the consideration of this Convention. I fear, sir, there is too :iv:it anxiety to precipitate the country into hostilities. This durst is replete with danger. None can see the end and dire con- sequences of the first blow. I entreat gentlemen to look circum- spectly to these warnings. The people of Alabama are nol 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 peo- ple of Alabama know thatit has not been the result df precipitan- cy or the recklessness of this Convention. Place not the censun at our door. M sident, will show (ho falla- take Peneaeola, at an expense from the treasury ul Alabama. This unn i on oof ngthen oar nose in public enti matron We thoald l""k t" thai pablie opinion as (he iheel anobor of mir bern cause Therefore, Mr. Preai Lent, ire should Qoolljf and j.:it i« Mt 1% irait for the troubling of the waters \\ e are not now in actual war; whj then exhaust our treasury, and oool the ardor ,r aoldiers, by quartering i bem in the sickly regions of Florida, <\h< a there is no tu oeesity for it '.' Mu Kimball moved to refer the resolutions t" the I lommittec •i' thirteen. During the pendenej of this motion, ■ oo — u nioatton vv;is ro- 1 imiii the Governor, which was read : ll\i ■ 1 ; 1 \ 1. I'i PAH i\ik\t, / January x th. 1 861. | lion W 1 1.1.1 vm M. BbO( /v. 'In Convention of (In State of Alabama* In reply to a verbal communication from the body over which vim preside, made by one of its' members, I make the following ncnl My information in regard to Pensaoolu is, that Gov- ernor Perry, of Florida, bas informed me by dispatch, thai be ban n I the I "i ts to be oooupied by the troops of Florida, and asks from Alabama, The foroe at bis command in West Florida w small, and nol Bufnci< at to take and maintain the Forts. Troops from ooold reach the point, before the troops of Middle and Baal Florida. This fact, with the importance of the position lUbama, as srell as t" Florida, induces him to make the re- quest, ss I am informed. It i- believed at Washington, in South Carolina and Georgia, ss I am advised from high sources, that it il only the polioy of the Federal Government t<> (.-Hirer the m 1 - oeding Stair-, but as Boon ss possible to put herself in position by re- inforcing all the Forts in the States where accession is expected. 1 need not suggest the danger to Florida and Alabama that must ill from permitting ■ strong foroe i" gel possession of theft I With sentiments of high consideration and respect, A. B, MOORE. Mb W mi- said : 1 think, ti •■ mi ty and propriety in adopting the resolu- THE CONVENTION OF ALABAMA. 53 tions at onee. The Governor of Florida may have, and no douto has, assumed responsibilities similar to those assumed by our own Executive. Forts and munitions of war may have passed into tin possession of the State of Florida, which should be, and must be retained. Not only are the interests of Florida involved in the pro- position, but also the interests of Alabama. We arc here for the purpose of deliberating on the gravest questions which have ever Iicen presented to us. Every avenue to invasion ought to be guarded. Ma. Smith, of Tuscaloosa, said : 3ft. 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 res- olution to go to a final vote without expressing, in brief, my objec- tions to it. First, There is no emergency requiring so extraordinary a move- ment, so far as we are advised. If gentlemen propose to do an act, remarkable in itself, and even revolutionary in a military sense, it ia 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 if. It will be observed too, that the substitute offered by the gen- tleman 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 Conven- tion 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 i .ion is urged ! Is there not something specious in this ''. Again, sir, 1 oppose the proposition because it seeks to en- large and extend the powers of the Executive- I hold, that, until the act of si 01 ssion is consummated, we have no such sovereign pow- er as enables or authorises us to disturb, in any way, any of the various departments of the State Government, as already lodged by the ('(institution in particular hands. The Constitution has defined and limited the duties and powers of the Governor of Ala- bama. We h.i yet, the authority to enlarge or extend, or re- strict those powers. .'• I 01 . hostility to Tin: Pw lemen from I . 1 1 1 a t tli' 1 motion now pending, to refer the resolution' to a Committee. low ;i discussion npon the merits of tl tion. Mr. Waits asked Leave to withdraw Iris motion to refer to u oittee of 6eveq. I was made, and Mr. Cochran mov< . '• • have leave to withdraw his ua lion, which :, and toe motion was withdrawn. lid : lie hoped the a would be oldsed and the vote taken on tion to-day. The minority had opposed the pa»sa« the resolution under discussion from ;i deep b nse of their consti- i.il obligations to keep the peace of the country, and ta lend their aid to the passage of no hasty measures that may lead to lahed, and therebj close the way to a peaceful solution of toe questions that divide the twi eotions of this Government Having done tlii>, whatever may be the result, we will stand ac- quitted by the record of responsibility or blame. I>ut be was un- willing to go farther and take all responsibility from the majority by obstructing the legitimate course of legislation! :i. that, by the passage of thi> resblutioo, they oau take peaceful a or the forts al Pen mure the South from invasion from that quarter, and thereby prevent Ala- bama I r- 'Hi becoming the " cock pit" in the coming coufliot between the North and South. This, if true, is a consummation of paramounl importance to every citizen of Al ibama. 'I he majority Bay, that unless iliis resolution is passed to day, it will be u thai every hour of delay tends to render it. so. Why, then, postpone until all pro I will be destroyed, ami <»nly evil result '.' The majority were anxious to assume this ra- il lit) : and il they could Becuro our people from invasion, and u Herds from being desolated by hostile armies, he was astain their notion ami applaud their foresight and cour- il believed thai this move would cud in a waste of time and mooe; • saw no propriety in delay whieh would insure that result He asked, therefore, that the vote might be taken THK CONVENTION OF ALABAMA. 55 The vote was taken upon the first resolution, and it was adopted by f>U to 45, ordered to be engrossed by the Secretary and sent forthwith to t lie Governor. Ou motion of Mr. JEM1SON, the second resolution, [Mr. Dar- gan'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. COCHBAN, Hon. H. L. BENNING, of Georgia, was invited to a seat within the bar of the Convention. Mu. SnORTRIDQE offered the following resolution, which was adopted : Resolved, That the lion. J AMES L. PUGn and Hon. J. L. M. Cuiu:v be requested to communicate to the Convention, in writing, nny facts or information which may be in their possession touch- ing the aetioii of Congress, and the purposes of the Black Repub- lican party, which will, in their opinion, tend to aid this body in its deliberations. Mi;. 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. Mi:. Cochran moved to lay the resolution on the table, but withdrew it, at the request of Mr. BAKER, of llussell, for explana- tion ; and Mr. Baker renewed the motion. '1 he ayes and no< - ; w< re called for, and resulted, ayes 53 noes 40 Those who voted in the aifirtnative aw — MeBsrs. President, Buily, Baker, of Russell, Baker, of Barbour, Barnes, Beck, Blue, Boiling. Bragg, Catterling, Clark of Marengo, Cochran, Coleman, Craw- ford, Creech, Crook, Curtis, Daniel, Dargan, Davis, of Covington, Davis, of Pickens, Dow dell, Poster, Gibbons, Gilobrrat, Hawkins, Elenderson, of Macon, Henderson, of Pike", Herndon, Howard. Humphries, ■' (etch urn, Love, McClanahan, McPhcraon, Mc-Kituji »wens, Phillips, Rives, Ryan, Shortrid ,. Starke, Stone, Watts, Webb, Whatley, Williamson, Vai . STelvertou — ■>'■' • 1 in the negative are — Messrs. Allen. Barclay, ,- . Bulger, Clarke, of Lawrence, Coffey, Cotflaa, pier, Davis, of Madison, Earnest, l&dwards, Fordj Forrester, Franklin, Gray, Green, Guttery, Hood, loser, Jemison, Jones, of . of Lauderdale, Johnson, Kimball, Leonard, L \I,'( :, Han, I '■> •■• . Potter, Russell, Kails. Sanford, Sheets, Sheffield, Smith, of Tuscaloosa, Slaughter, Stedham, 8teele, Taylor, Timbev- . Watkins, Whitlook, Wilson, Winston and Wood- 46. Mh CI< i :| t and no! voting. Mu. I take from the table the reports from - to the Blaveholding States, as communicated by or. Carried. Mit. II. \ Ki.ii. of Russell, moved to L r «> into open session. Mr. Do wdell moved an amendment, that when this Convention .- in lion, the flag of Alabama shall bo raised from the Capitol. The amendment was accepted, the motion adopted, and of the ('invention opened. OPEN BES8I0B Mb. i>i LOEB introduced the following preamble and resolu- tion.-, which, on his motion, were referred to the Committee of Thirteen : Win i;i.\-, Anti-Slavery agitation, persistently continued in the oholding States oi' this Union fpr a long series of year.-, nl in tl otion was triumphant in the election of a Presi who gym with the enemies of Domestic, or African • iy. thereby rendering our property and our institutions inse- cure ; and Whebeas, we have been summoned together in Convention to . . determine and to do whatever, in the opinion of the said Convention, the rights, interest and honor ef the State of Ala- . require to be done for their protection ;" And, WHEREAS, This Convention, taking into consideration tuation of the country, as well as reflecting on darming oiroumstanoes b\ which we are surrounded, can no I »ubl that the crisis is arrived, at which the conserv- THE CONVENTION Of ALABAMA. - r >? ative men of the United States are to decide the solemn question, whether they will, by wise and magnanimous efforts, se- cure and perpetuate the blessings of a Union consecrated by the common blood of our fathers; or whether, by giving way to un- manly jealousies and prejudices, or to partial and transitory inter- ests, they will renounce the auspicious blessings, prepared for them by their Revolutionary fathers, and furnish to the enemies of free government an eventual triumph ; Ami. WHEREAS, The same noble and extended policy, and the same paternal and affectionate sentiments which originally deter- mined the citizens of the independent colonies to form a con- federation, and the people of the States, afterwards, to form a more perfect Union, cannot but be felt with equal force now. as motives to lav aside every inferior consideration, and to concur in such further provisions as may be found necessary to secure every sec- tion 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 re-t scourely in the Union, and restore peace and quiet to the country; Tin ri/nn , t„ if Resolved, That separate State secession, in the present emergency, is unwise and impolitic; and Alabama will not de without first making an effort to secure the cooperation of the Southern States. Rcsoloed, lid, That the Convention invite each of the South- ern (Slaveholding) States to meet the State of Alabama in a Con- vention of Delegates, equal in number to the several Uepresenta- tives in the Congress of the United States, at on the 1 iv of for the purpose of consideration and agreement as to the wrongs that we suffer in the Union, and the daugers 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, Thai the President of this Convention be request- ed 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 direc- tion a- will be most likely to secure the object desired, to wit: I'he cooperation of all the Southern States, in securing their rights in the I iiion. or establishing their independence out of it. \II» TO THE SECEDING STATES A.GAINST COERCION Mr. CoLKMAN introduced the following resolution: Rrsolced by (he /»>>/,/, of the Stale of Alabama in Convention f>8 .1 IM. DK1IAT1 power of this Slate, to aiil in i su ttempi u] I'ti the pari oftke United States of Ameri- m res any of the w <•< ding Sti Mi 1>.\\ . moved to refer the resolution to the I hirteen. BMI -.'lid : iw do oeoeasity for ■ reference; be nought the resolution. i _-ht to be passed, and passed promptly. The cause of South •hut w.i- the cause of Alabama; indeed, Of the whole South; bat particularly were the Btatei thai epntemplated secession, in -v,l in sii-tainiiiLT each other. Alabama cannot stand by and - • i • ■• Deed against ■ seoediog State. It would, continued Mr, Beck, be the polioy of the Federal Government to conquer the ~m detail. They most, therefore, sustain each other. This mat- t r was well UHlerstOod in Virginia, who, though she had taken no towarda lee e a ai on, had already, through her Legislature, re- i d almost ananimonely, ,n;,t ■»> would resist, by fbroe, any mpt to coerce a seceding State. We owed it to ourselves and to the position ere now occupy, not to be behind Virginia in giv- i _• prompl expression to our determination to stand by and uphold the SCCc d i ng States in their effort) to rcsi.-t Black Republican rule. Mr. .Johnson said : Mr. J'nsiih ut — The last sessions of this body having been J Id in scent, forbids an allusion in detail to its action, and hence, i ut re aas na irhieh mi-ht otherwise be offered ia favor of a ret e of this motion, are precluded'. Without expressing any opinion as to the policy embodied in the resolution, 1 think it would be. under the circumstances, dis- courteous to the minority to preSl it upon them at this time; and particularly, as it would have the effect of planing them in a false ion before the country. 1 hope, therefore, the resolution will (erred at the Committee of Thirteen. Mr. StOKI >aid : Mr. President — 1 fully concur with the gentleman from Mont- ery, [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 at- THE CONVENTION OF ALABAMA. .">{) tempt, to coerce a seceding State back into the Union. Sir, the Southern 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 re- sort "as well of the infraction as of the mode and measure of re- dress." If, in her sovereign capacity, she determines to resume her independence, can we, who hive a common interest in the pro- tection of this right, look calmly on and see her invaded by Fed- eral 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 compos ing it had to be reduced to obedience by the strong arm of milita- ry power ? The permanence and security of our Government de- pend 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 riuht of secession, and intend to maintain that right against any power that may rc- sist its exercise, why not so declare by passing this resolution ? This course will give encouragement to our Southern Bisters It will give strength to the Southern cause. It may secure pi If the Government at Washington is informed that the coercive policy with which Smith Carolina i.s now threatened will be reeisl ed, and that the. 6rs1 Federal gun fired against Charleston \\\\\ summon to the field every Southern man who can hear arms, it in iv produce a peaceful solution of the pending difficulties. If it should not, then the responsibility will rest alom upon our as ail ants. All we can now do is to warn them against Che madness . I attempting coercion. We wish peace — we do not intend to pr vokc war — we shall act on the defensive. But if war is f upon us, our enemies should know, that the Southern States. whoSi rights, whose honor, and whose independence arc alike at stake, intend to stand side by side vi the contest, prepared to make com raon cause and to meet one common fate. BTOTORY wi> - <>K M lid: examined the resolution of the Hon. gen- r, and noxiously listened to the arguments friends of the measure with the object, if I could, to vote for the n solution. I :nii doI prepared to condemn the action of our Governor, or of nil. in' n for whose benefits the resolution is intro- i ii fact, from the force of circumstances with which they e Burrounded, I must say that I commend their aotions, for if' !, ii has been on the Bide of their country. I ful- ctrine, thai ;i sovereign State, acting in hersov- pacity, can withdraw or secede from the Unionj and that, after that, any acts she orher citizens may do, to protect her rij ml licr independence, even to bloody war, isnotand can- not be trees n. Bui the State must act in her sovereign capacity] no ..tli. r act, by any body or individuals, can withdraw her from Union or i from the laws of treason, if overt immitted by the citizen or the State against the General crnment Entertaining these views of Constitutional rights and individual i ighta, I am estopped from voting lor the resolution. il n gentleman from Montgomery, [Mr. Yancey,] has made an aious argument, an appeal to members on this floor, predicated oo the resolution of the Virginia Legislature. I reply to the Hon. ■ lemon, by saying, that resolutions are harmless things when i by overt acts. Such was the case of the Virginia resolu- tion. Hut very far from that is our. situation. This resolution is intn - duoed to cover arts of hostility — acts that amount, unexplained, not to a declaration of war only, but to war itself. Hence, to vote for tin- resolution is only to Bubject us to the penalties df treason, without aiding those for whose benefit those resolutions are intro- duced. 1 confess, Mr. President, that since' we met lure, my mind, as to expediency, has undergone a greal change. And while I cannot vote for the ordinance of secession, 1 believe that lb a majority of tbis Convention that will pass the ordinance, and therebj Bever our allegiance from the General Goiwnment. — That being done, my all i due alone to the State of Ala- bama, and in me she shall find no laggard or lukc-warm friend. — Aa my allegiance is now due to the United States, 1 can do no act inconsistent with that relation. No one regrets more than 1 do, 'he Con titutioftaJ barrier that prevents me from vptingforthe resolution. I have already intimated that the course of pur Gov- r, ami the patriotism of our volunteers find no condemnation in in.', but .i- peace measures 1 approve them as eminently wise and prudei THE CONVENTION OF ALABAMA. I>1 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 bul resistance to the attempt to place the United Stales under the Government of the Black Republican party. 1 entertain no doubt that this resistance will be accomplished bv the withdrawal of this State from the Union. 1 >u t 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 resist ance 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 with- draw. The question is not debateable, whether blood should he shed iua Southern State, with impunity. l>y a people whom \\e consid- er 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 peo- ple, 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 righl to alter, reform or abolish their form of government in such manner as they may think ex- pedient.'* If we had thought of confining this declaration aloiie to the peo- ple of Alabama, or had intended to deny its application to even other State of the I nion, we should have entered that Union not as the equals, hut as the superiors of the other States ill political rights. We have not keen guilty of such, arrogance. Upon our own doctrines, then, the people of South Carolina are fully justi- fied in "altering or abolishing their form of government." Bui f am persuaded that I need not go into an argument to establish ihe right of South Carolina to secede, as a predicate for tie' clear duty of Alabama to aid her in her defence against hostile flee*sor armies. W e are one people, ami can never be dissevered. Eve- ry interest and sympathy that can unite twopeopl s arc wrought into the golden chain by which we are found together. The so* on of South Carolina will naturally, and. in time, inevitably. lead to the secession of Alabama. Bui it' OU ' 9 » --ion is for the tine' retarded or prevented by an unmatured course on our part. still our ! ur interests, our duty, will foroe us to declare that all the power and resources of men and means within the control nKPATKS 0* If we are unable to withdraw from the Union, we will be able and free government. In the Union . war upon Sou£h Carolina ia a war upon Alabama, u hen it is needed, and lei us now pre- fer it. VVc may force a war upon South Carolina by refus- lo align ourselves with her. We may refuse to shelter her until her enemy will cease to fear her power of resistance, W i r bj our hesitancy, at the moment whendecisiv< ■: butwc cannol see the blood of her sons mflict for right, and against oppression, and refuse to upon our veins in her cause. The effect of the resolution is, that Smith Carolina may recruit ]i ; armies in A I aha ma. and that our treasury shall stand open to her deman Is bo long as Bhe shall need the means of defence and protection. S mnot shut the treasury against her. 5f< close the door, but the treasure will flow with accelerated freedom from the pockets oi the people. No army could be placed along our borders to prevent our soldiery from swarm- ing to the standard of the Palmetto. The mothers of our coun- try would be the recruiting Bergeanta for South Carolina, and the lathers would curse those children who Bhould hesitate to Bpring to their guns in \*s ill not admit, of delay. It' we remain in t he Union we will iponthe principles of the resolution under discussion. It' we withdraw, we should lose the bappy moment to give our e\i- d e of our magnanimity, unless we pass the resolution now. — \ er we are out of the Union, we might have many reasons for a lopting such a resolve, in which we would not be wholly disinter- It has fall) n from the lips of a friend of secession, in the course of this debate, that he would rather secede today with a majority TIIK CONVENTION OK ALABAMA. 63 of one, than to wait until next Saturday and secede with a large majority. I fully appreciate and applaud the zeal which prompt cd this declaration, but 1 take occasion to dissent entirely from the. position assumed. 1 would prefer to delay the secession cf 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 oik 1 majority. I cannot distrust the position of the delegates opposed to me in opinion, as to the time and man net- of secession, until 1 am forced to do so. They have all dec- lared 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. 1 do not doubt it. It was my fortune fo bo 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 determin- ed, 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 submis- sion, they shall not be deceived i:i me, but I shall be grossly de- ceived iii 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. Mil. .1 KMISON said : Mr. /'resident — 1 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 com- iii (need, &C.J Yes. we have various telegrams, the authenticity an I reliability of which seem to be confided in, and are fully satis- factory to gentlemen of the majority. But as for myself, being no wire-worker, and having nothing to do with the working of wires i>1 lUbTOin VM 5 OJ in Uji»' Javsol telegraphic information, I am dispose J to qucs- nucli >>!' w hat we hear. The aims are made appropriate for effect. The) keep the f excitemenl ; aud, for w batevor tiou here, wo have a telegram suited to the in argument is supplied b) tolo- l»o reasoned into a measure, we musl be We an- kepi by these read) and continued rii- of excitemenl and alarm, that hi a good degree (counsels. I was brought up. M . i idian frontiers m here we \\ ere subject to frequent ..ill attacks from i irties. I!\ common consent : i! understanding, my father's house « as tin- place of ren- . alarm. We had no telegraphs in those days, . re not with' iut news. a i, ■liters, who delighted hi getting up li.nl very man) alarms. lam reminded, Kcitements frequently caused amongst us l>\ telegrams, during these border alarms, when I boy. At a dead hour of a beautiful moonlight slumbers of the famih were broken by a general in- the neighbors, The) eamc in all manner of style : some half-dressed, and dome scarcely dressed at all. ■ itemenl and confusion. This pi rson was kill •hat famih massacred : ii"t one left t<> tell the details of the rid and heart rending tragedy. \' length, two of the. party, .; incredulous, determined to visit the scenes of reported .-!,t - The first place visited was where a negro woman was I as killed, who was found so dead asleep 'hat she w as not : been left alone on the place. The next, was where ind had abandoned an invalid and bed-ridden wife, whom ported as killed. They found her also, but suffering all the .1 horrors of the tomahawk and scalping knife. Thcncxt • place visited was where the whole" famih was reported as hered ; there all was quiet and safe, the famil) had beard noth iag of their danger, ami were rejoiced they had escaped the indis- inate massacre allotted to them \,\ Madam Rumor. [Here ■iii I ei 1 1 an from Chambers remarked, that the dispatch he had I. the firing of guns had been heard.] Yes, Mi - . I'' firingofguns heard in the easel have related. With ithem ofmj father's hands, I had that day been ongagod in firing i hiekon trees, in a second year's new ground, to burn them lowi and burn them out oftheway. When the alarm was start- had just L'ot into a t'air wa\ of falling ! The exeited md people supposed thej heard the firing bj platooi s, THE CONVENTION OF ALABAMA. (»f) I would not be understood to say there is no danger of hostili- ties between State and Federal troops ; l>ut I do intend to say, I believe that the prospect of immediate collision is magnified ; thai the aid of the wires has been evoked to operate on our prejudices and our t'eai's. I am therefore in favor of the reference. I am not disposed to be hurried — see no reason for hasty action. A refer enee is more likely to result in harmonious as well as prudent ac- tion. 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. lie 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 gen- tlemen 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 meaning- less 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 Govern- ment. Until the State so absolved him, he could not and would not vote for resolutions proposing to declare war on the Govern- ment of the United States. He had in both ends of this Capitol, and at sundry other places, solemnly sworn to support the Consti- tution of the United States. He knew that others thought differ- ently on this subject, he only spoke for himself. Each one must act according to his own conscience. l>ut whilst this State con- tinued a member of the Union he would not vote for resolutions which propose directly or indirectly to bring about a collision be tween this State and the Federal authorities. The gentleman from .Montgomery had said that "when we shall havcseccdcd, a resolution tendering aid to other seceding States will be considered as ask- ing, rather than offering, aid." He could not sec that offering aid to-day and seceding to-morrow, before notice of the offer could reach the cars of our sister States, will afford any very over-powering proof of our disinterestedness. He would say, in conclusion, that r,i; KOTOW* Aim i thai when the soil of South Carolina, or any South- ern H nvaded to subvert her institutions or Bubjugate her :,-. the dm Bouth will move to arms n by one o immoo impulse i" repel the invader. And when thi> dire necessity shall be behind no gentleman on this iloor in vindi* »r and defending the soil of the Fection to which he If J i.\ I WON said : -While I advocate the reference in a spirit of I surrender nothing. 1 need not appeal to the mem* '. ith whom 1 have beei to bear evi- dence of my devotion to the principles enunciated in the excel- lent resolution under consideration. Sir, 1 take it for granted thai 1 am is well understood and as strongly dffiiu I on all the qui itions connected with immediate separate State action — prompt -as any other gentleman of this Convention. Ition has the approval id' my heart ; it commends itself to the calm and manly consideration of every member, with s ; of truth and reason, which seems to me to he irresistible. The assuranc* - we h ive from honorable gentlemen of the minor- ity, that the reft i< nee ii sought only with the great patriotic view i>i understanding 1 the resolution, and understanding each other, and thus to enable them to vote with us, for the resolution, ie an appeal all powerful to me. I h«.ld. Mr. President, that it would be exceedingly disgr ir gallant State, to have a Bingle vote oast against thi> resolu- tion ; and if I did not go for this reference with the assuranees 1 have, 1 should feel myself to that extent responsible for that dia> Theu, 1 ippeal to gentlemen who are already prepared to 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 do cause of complaint, and that the resolution may be adopted unanimously. I b ive the honor I i be a member of the Committee of Thirteen, I know the material of whioh it is composed. 1 think 1 hazard nothing in saying that an unanimous report in favor of the reso- lution would follow such a reference. Mr Smi i li, of TuSOalOOSa, said : dent — I am ready to vote up"" the resolution now, so Car as I asa ouocerned It oonUlns but the expression of a senti- ment that 1 heartily endorse. 1 know of no feeling more agreeable THE CONVENTION OF ALABAMA. ()7 than that which prompts a generous heart to offer assistance to a friend in danger. There is no feeling more pleasant — except, per- haps, it he the gratitude that accepts such assurance. But in order that this pleasure should he perfect, it is necessary that this assurance should he 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 1 have the honor to act, re- quest a day's delay — or the reference of the resolution to a Com- mittee, in order that they may have an opportunity to examine it, expressing at the same time a desire to vote for it. This re- quest you are about to refuse! Sir, what will he the inevitable result of your disposition to press the minority to immediate and final action upon such resolu- tions, without giving them the usual legislative delay for reflec- tion? The attempt to force yoor measure upon us must result in this : that you will pass this resolution and cithers of no less im- portance, 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 reso- lution 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 re- flection and examination, it will be adopted by this Convention without a dissenting voice. An assurance, by a hare majority of this Convention, of aid to he given by the State of Alabama, would he considered by South Carolina almost as an insult. She might be delighted at first to hear and receive such an assurance: but when she learned the fact tlnit the resolution had been adopted by a bare majority, she would be inspired with disgust) andshe would swell with indignation, if it should appear, (asfl may, upon a calm and thorough exam iii at ion, and a comparison of the facts and figures) that the minority here were really the i epresi ntatives of a majority of the sovereigns of this State. ['''"' there was some conversation — in questions by Mr. Morgan and Mr. Yancey — as to Mr. Smith't source of information upon the popular vote of the State. J 1 receive my information from tables in the public prints ; 1 do not assert them to be true ; but I believe that a popular majority of the; State is represented I by the minoi ity. But that is not DOW materia!. [fyoupreSfl this resolution now, you will pass it by a meagre majority ; and BO BOOO as South Car- olina is advi-ed of this dieagieeable fact, Bhe will consider your prumi.-e- MS unteal; she Will exclaim: Poor Alabama! sin r.*- \\n DED . uk an apple «iih gold "ii it- outside, bat with ashes on its core — Dead »e« Graita that tempt the i l'.ul turn 10 :i»lir> 00 tlie lip." I in ipeot for South Carolioa : h< r - taa are int, hi r statesmen are wise, her clime is genial, her his tot ins are sublime. She is to be revered for one tiling, it for nothing else: she has given to this age ;i Demos- thenes; thai is h< r immortality — may it not be her last and her I r_v \ip1 because I reaped her, 1 would deal with her in a way no! to deceive — not to disappoint her. I would gratify In r, and at the same time satisfy myself. sir. w.' of the minority ask of the majority but the ordinary civilities of parliamentary decorum j time to deliberate and exam- ine. We claim that our errors are errors of the headj and we concede to others what we claim for ourselves. If there be here i -in' re '!< lire to cultivate kindly relations, ami to harmonise on treat questions upon which wc are now called to act, this dis- position on the ]>art of the majority to press upon us measures to anal action upon an hoar's notice, must be abandoned. Fou may have the power to do as you please; bat indiscreet haste will nei- ther promote the popularity of your measures, nor convinoe the public that you are right. : but admire the Wise and deliberative tone in which the gentleman from Coffee, [Mr. Yelverton,] has just expressed himself oo this subject. Fielding nothing of the ardency of his opinions, he yi ■ harm in a day's delay. " A week's delay," in the patriotic language of the gentleman from Montgomery, [Mr. Watte,] "would be cheerfully yielded by him, for the sake of a onanimous Note in favor of the resolution." For m\ part, I wish the resolution adopted: and I am satisfied. sir. that on to-morrow it would be passed unanimously, and I sin- cerely hope that it will be referred. Mil. Yami.V said : '/ R ulent—Tho gentleman from Tuscaloosa has sneering el, that it will be but po don to South Carolina, when we tender the promise to aid her against coercion by the General crnment, ' i majority id' one. I think, sir, I under- i the allusion. It is useless to disgui i the Paot, that in some portions of the State there is disapprobation towards our action ; and, 1 venture to tell the gentleman from TusOaloOBa, that when that ( Irdinanoe shall be passed, even if it be by the meagre majori- ty of one, it will represent the fullness, and the power, and the TIIK CONVENTION- OF ALABAMA. ()!> 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 unques- tioned obedience" to that Ordinance. If gentlemen imagine, or in- dulge 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 Ala- bama. 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 i eople ; they will not be of a minority or majority of the peo- ple, as some choose to call them. They must throw off the char- acter 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 them- selvt s against the State, will then become the enemies of the State. There is a law of Treason, defining treason against the State; and, those who shall dare oppose the action of Alabama, when she assumes her independence of the Union, will become traitors — rebels against its authority, aud will be dealt with as such. Sir, in such an event, the nomenclature of the Revolution of 177 DEB lid, | in substsnoe :| ; n r t exceedingly the tone of the speech just by my c ill ague | Mr. ^ anoey | This ia do time for the cx- hibil for the d i f d< Dunciations. The a parliamei urtesy, which ougbt ially, as there i< no emergency oalling fof iniu Lion on the resolution, [tin extremely desirable that this resolution should be passed unanimously; and I earnestly thai the motion to refer it may prevail ; and, I believe, that ■ ^morrow, it can, and will be passed by a majority of One Hundred — all the votes of this Convention. i i the floor some considerable time Beeming actuated by a desire to mollify the fi i ling, and quiet that prevailed in the Convention.] Mil. .1 BMTBOM Slid : Mr. President — I had not intended to Bay more upon the reso- 1 ration; hut [ cannot (icrmit to pass in Bllence, irdinarj and unprovoked remarks of the gentleman from fcfonl | Mr. Yancey.] I Bay unprovoked, for they were wholly uncalled lor by any thing that fell from cither my colleague or myself. The gentleman charges me with having Bpokcq "I" his nstivi South Carolina, with levity -slightingly, [havodone bo such thing. I have never spoken vi' that gallant State sliirht- ingly. I have differed with her leading politicians, hut I have not spok peotfolly of them, or their Stal 1 can differ with nun upon of policy, and yet believe them honest ami pa- triotic. But, sir. nothing was said by mo as to the Stal ■ of South Una, her politicians, or her policy. I spoke only of the dis- patches, or telegrams, that have been poured in upon as in such fusion, upon every Bubjeot and every occasion. Some of them, it is tin--, wore from the gentleman's native State; --'•::;.■ from oth- er States -they came from all quarter 1 1- y came so thick ami :o 1 like snow-flakes, to fall frdm the clouds. Of th'->- telegrams, but without singling oul those from any partiou lar State or locality, I did speak with levity and incredulity. 1 I thought, as I hit, atld as 1 believe, hut without disre to any Stale, individual or class. The gentleman from Montgomery has made the remarks of uiy- and colleague, the text or rather the pretext of reading for the bsnefil of ourselves ami the minority of this Convention, a THE CONVENTION OF ALABAMA. 71 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, aud 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 majori- ty, or any member of it but himself. I cannot think such senti- ments 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 thot has been uttered by my colleague or myself, or by any other member of the minority ; they are unjust ; they are un- becoming 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. Yan- cey, 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 scat 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, 1 cannot be driven by any ill-timed or un- merited remarks, come from what source they may. But, sir, when the great leader of the majority shall call the minority party torie$, shall denounce us as rrattors and pronounce against us a traitor's doom, were I to pass it in silence, the world would properly consider mc worthy of the denunciation and the doom. " J \\|i DKB \TKS OF I! Mb Yanoey rose to explain. He said his remarks were n. .t • • i, nr intended for, the minority of this Convention; the) were intended for those in certain portions of the State, where I the < Ordinance of Secession, if passed, would be resisted.] Mi; .1 1 MI80N continued : I am glad, Mr. President, to hear die gentleman disclaim any imputation of disloyalty to the minority in this Convention. But has he bettered it by transferring it bo the great popular masses in e where there is strong opposition to the Ordii lion, and where it is said it will be resist- ed? Will the gentleman go into those sections of the State and bang all who are opposed to Secession ''. Will he hang them by families, hy neighborhoods, by towns, by counties, by Congression- al Districts? who, sir, will give the Woody order ? Who will be your executioner ? Is this the spirit of Southern chivalry? Are these the sentiments of the boasted champions of Southern Rights ? \r> these to be the first fruits of a Southern Republic'/ Ah ! is rlii?- the bloody charity of a party who seeks to deliver our own beloved sunny South from the galling yoke of a fanatical and puri- tanical 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 inter- !' our common country, I would drop the curtain over the and palsied be the hand that ever attempts to lift it. the explanation and disclaimer of the gentleman [Mr. Yanrcv. I it is due to him, and to myself, that I should say — which I do with -reat pleasure — that the particular remark of mine to which he CXOeptS, was intended to illustrate my notions of parlia- mentary di COrum, and not to apply to him individually. Mi;. I>a\ is, of Madison, said : Mr. President — 1 cannot allow this occasion to pass without say- ing a word in reply to what has fallen from the gentleman from Montgomery, [Mr. Yancey.] Under other circumstances, bis remarks mighl pass unnoticed; but I feel that I owe it to those I at, 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, THE CONVENTION OK ALABAMA. (o 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 inay be. Now, sir, I need scarcely say that the act of this Convention will not be conclusive in this matter. And why f Because, as ev- ery 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 arc 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 cither event, I pledge those I represent to stand by the expressed will of the peo- ple. I repeat, that I know this to be the position of my constitu- ents, 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: No sir. you did not, but it is very well understood by i very member on this floor to whom your remarks were, applicable. 11 it should turn out that the popularvote is against the A.C1 of " ; <•■ - sion, 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 repre- sentative Government — not a pure Democracy, and in this form minorities may ride. 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 3c lion, however, destroys that Constitution, and the people arc irfuz- .1 h derived ita exist- . tin iii-* Bat I do not pro] I in which We are told, sir, 1 » v him, thai m, and those who undertake it, ti The nomenclature of the resolution, will of tory, in future, may ornament uabamians. I can not aeoept this as applicab in v <• instituenta ; nor neither do I perceive the fitness or fo?o< ation. The W 1 1 i — • the a nt — thi [f na !i >ld the lation to the < : b now aa then, I shall have tions to the historical pernio stimation, than the name of tory, is the doctrine which is i I of the right to coerce an unwilling people. We th us public ui. miis Bui yesterday, sir, thin Dined this doctrine. With one voice, clar ' it. and expressed your determination to meet Buch f your rights aa it ought to be met, with arms in \..ur band*. It will be asserted aa readily i tyrant at abroad ; as readily by the people of my • tinst ii and outi . aa elsewhere, And when compelled . tiny will cheerfully, no doubt, assume all the nsibility that follows the act. [seek no quarrel with ihe •i from Montgomery, or hia friends. Towards him pei ally, I entertain none other than the kindest feeling. But I tell him that should I in that enterprise, he will not 1"' al- lowed to boast the character of an invader. Coming at the head Me which lie can muster, aided and aisisted by the Ex- f tl 5i ite, we will meet bim at the foot of our moun- i tin re with his own selected weapons, hand to hand, and lac- the question of the sovereignty of the people. The Convention adjourned without having taken any further action on Ll ition. 1 « » i i: Til DAY 8ECRE IN I \ NU \i;v 10. •I W. A. San ford, Commissioner from the State of (ieor- Alabama, was invited tO a seat within the bar / TOE CONVENTION OF ALABAMA. 71 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 vmi that the State of Mississippi, by a vote of her Convention. approaching unanimity, has seceded unconditionally, from th< Union, and desires, on the basis of the old Constitution, a nev Union witl! the Receded States. WILLIAM S. BARRY', President of the Conventior: And also dispatches from Charleston, as follows: Received at Montgomery January 9th, 1861, by telegraph from Charleston : To John A. Kr,MORE : The Steamer with reinforcements, was fired into by the Font. 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 ived at Montgomery January 9th, 1861, by telegraph from Charleston : To J. A. Elmore, or the President of the Convention: Anderson, it is .-aid ami believed, intends firing upon our ship ping, and cutting oil" communication with the fort. WM. E. MARTIN. Received at Montgomery January 9th, 1861, by telegraph firou Charleston : To, John a Hlmore, or President of Convention : Anderson writes to the Governor he will tin- into all ships. Gov- ernor replies, and justifies what we did. Now Anderson replies. bi> mind i- changed, and refers the question to "Washington. WM. P. MARTIN MSTOB1 *Mi DKBATH OP 0RD1N W i: OF SECESSH -N from ilu- Committee of Thirteen, reported as f'.>l to wlioiM it was committed to consider upon, :.p rt. \\h:i: MtiOD WBJ ne.e-.-an, to 1"' taken by thifl COOTCD • i meted and preserve the rights tod independence i tho people of 1 1 1 < - State of Alabama, beg leave to report, thai ily and thoughtfully considered the great matter them; and thej have instructed me t" reporl the • oompanying Ordinance and Resolutions. w . l. ^ \\< i:v < 'hairman. Ord\ ' - ' ■ ''- ■ ill' I nion between th< Stu<< of Alabama :'■< united under tht compact ttyltxl " Tkt Con- 'ted States of Ann rtea." Win. election of Abraham Lincoln and Hannibal din to the offio - of President and Vice Presidcnl of the Uni America, by a sectional party, avowedl) hostile to domestic institutions and to the peace and security ol the peo- to of Alabama, preceded bj many and dangerous in- tions of the Constitution «>t the United States by manj of the j people of the Northern section, is a political wrong ol . . insulting and menacing a character as to justify the people of the of Alabama in the adoption of prompt and decided mess for their future peace and security ; therefore, and ordained by tin peopk of tht State >>/ Ata- ( >ention assembled, That the State of Alabama n<>\\ ■ itl. . . I is hereby withdrawn, from the Union troown as i led States of America," and henceforth ceases to l>e one lid United States, and is. and of* right ought to bo, a Sovereign independent State. .' Be itfurtfu r declared and ordained by the people of tin Stat oj ilabama in Convention assembled, That all the powers the Territor) of said State, and over the people thereof, here bed to the Government oft lie United States of Amer- i and they are hereb) withdrawn from said Government, a*d b) resumed and vested in the people of the State of Ala 6 Ived by tkt people of Alabama in Convention assem- ', That the people of the States of Delaware, Marvland. Vir- ginia, North < ' arolina, South t Carolina, Florida, Georgia, Mississippi, THE CONVENTION OF ALABAMA. 77 Louisiana. Texas, Arkansas, Tennessee, Kentucky and Missouri, be and arc hereby invited to tneel tke people of the Stale of Ala- bama, by their Delegates, in Convention, on tlie 4th day of Feb ruary, A. 1)., 1861, at the city of Montgomery, in the State Alabama, for the purpose of consulting with each other as to th< most effectual mode of securing concerted ami harmonious action in whatevei measures may be deemed most desirable for our common peace anil security. Ami hi' it further resolved, That the President of this Conven lion he. ami is hereby instructed to transmit forthwith, a copy oi the foregoing Preamble, Ordinance, ami Resolutions to the Gov ernors of the several States named in said resolutions. Done by the people of the State of Alabama, in Convention as sembbed, at Montgomery, on this, the eleventh day of January A. I).. 1861. MINORITY REPORT. Mi-. Clemens, from the minority of the same Committee, mad. ;i 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 re- sistance to l>e adopted by the State of Alabama, in the present emergency, beg leave to present the following Looking to harmony of action among our own people as desi rable above all other things, we have been earnestly desirous of concurring with the majority in the line of policy marked out b) them, but. after the most careful consideration, we have been una hie to see in Separate State Secession the most effectual mode Oi guarding our honor and securing our rights. Without entering into any argument upon the nature ami amount of our grievai or any speculations as to the probability of our obtaining and security in the Union, but, looking alone to the most effectual mode of resistance, it seems to us that this greal object is best t< be attained !>\ the concurrent an. I concerted action of all the States inter* sted, ami thai it becomes us t<. make the effort to ob- tain that concurrence, before deciding finally ami conclusively up on our ow n policy . \\ e are further of opinion that, in a matter of this imp"; ' vitally affecting the property, the lives and the liberties of the whole people, sound policy dictates that an ordinance of secession should be submitted tor their ratification and approval. To thai : i.\ \si» DKBATBfi itions which accompanj 1 1 1 i «< report have heen pre \ submitted to the ( '■ •! i \ entioii. ■■I purpos* 1_\ refrain from a detailed st.a. tnent of Iiicli have broughl them to the conclusions ;it which • '..ii proposed \>y tfc ■• majority of the . in its nature, final and cone!;; 9 no : rehearing or revision; and we feel no disposition to .ill,; jjument, whose onlj effect will be to crcat and throw difficulties In the way of a policy, the adoption of rhich we are powerless to prevent. In submitting our own plan, using all lair .- 1 1 1 < 1 honorable means to secure its ace< ptance, lutj is fullj discharged; to insist upon objections when thc> • Beet but to excite dissatisfaction among the people, r< ign to <>ur feelings, and our conceptions of p.iti The resolutions hereinbefore referred t6,'are prayed to be ta- f this Report, and the whole is herewith respectfulh uibmittad JERE. CLEMENS, DAVID P. LEW IS, \\ M. 0. WINTSON, A. KIMBAL, R. s. \\ A.TKINS, R. JEMISON, J*. infractions of the Constituti f th< Uni s b\ the people and States of the Northern section of the Confederacy have been followed by the election of sectional can Btrictly sectional vote, to the Presidency and Vice lidenc) of the United Slates, upon a platform of principles in ■ tting and menacing to the Southern States ; and WAerka lues a free people to watch with jealous vigilance, :iiielaw;ire. Maryland, Virginia, North < «r •lii. a. Smith Carolina. Georgia, Florida, Mississippi, Louisiana. Tennessee, Kentucky and Missouri, beandthe> «rc hereby requested to meel us in general Convention in the city •if Nashville, iii the State of Tennessee, on the 22d daj of Febru 1861, for the purpose of taking into consideration .the wrongs rhich we have cause to complain; the appropriate remedy horefor, and the time and manner of its application. •'/. That the State of Alaliania shall be rep in oaid Convention bv nine delegates, one to be selected TIIK CONVENTION OF ALABAMA. from each Congressional district, and two frointhe State ai large. in such manner as shall hereafter be directed and provide I for by this ( !o»vention. Be it further resolved, That our delegates selected shall bo in- structed to submit to the general Convention the following basis of a settlement of the existing difficulties between the Northern and the Southern Slates, to wit : I. A faithful execution of the Fugitive Slave Law', and a repeal ot'all State laws calculated to impair its efficacy. •2. A more stringent and explicil provision for the surrender of criminals charged with offences against the laws of <>no Stat' 1 and escaping into another. •">. \ guarantee thai slavery shall not be abolished in the Dis- trict of Columbia, or in any other place over which Congress has exclusive jurisdiction. I. \ guarantee that the inter-State slave trade shall not be in- terferred with. 5. A protection to slavery in the Territories, while thej are Territories, ami a guarantee that when they ask for admission as States they shall he admitted into the [Tnion with or without slavery as their Constitutions ma\ prescribe. 6. 'lie right of transit through free States with, slave property. ~i . The foregoing clauses to be irrepealable by amendments to the Constitution. Be it further resolved, Thai the basis of settlement prescribed in the foregoing resolution shall not be regarded by our delegi a-- absolute ami unalterable, hut as an indication of the opinion of this ( '<>nvenii<>u. to which they are < xpected to conform as nearly as may be, holding themselves, however, at liberty to accept an\ better plan of adjustment which may lie insisted upon by a ma- jority of the slaveholding states. Be it further That if the foregoing proposition tin- a conference is refused, or rejected, by any or ail of the States to which it is add Alabama, in that event, will hold herself at liberty, alone, or in conjunction with such States, as may agrei to unite with her, to adopt such plan of resistance, and matur< such measures, as in her judgment may seCm bi ;1 calculated '< maintain the honor and scenic tin rights of her citizens ; and ii the meantime we will resist. \>\ all mean-, at our command, anj attempt on the part of the General Govenimenl to coerce a se ceding State. further resolved, That the President of this Convention be instructed to transmit copies of the foregoing preamble and lutions to th Governois of each of the States therein named. following resolution from the hum : of Altilm, i nvcntion a il an ordinance lion from the I nited States is an mportance, involving consequences so vitallj libertj and property of the citizens of th us well as ofthc States by which it is surrounded, and which it has heretofore been united, that in our opinion it be attempted until after the must thorough investi- m, and discussion, and then onlj after a lull and free ratifioa- the polls bj a direct vote of the people, at an election under the forms and safeguards of the law in which that le, untrammelled and undisguised in an\ manner what- . should alone be submitted. ed that the preamble and firsl series ofres- iken up and substituted for the ordinanc •. The ayes and noes was demanded. nays were then called '>n the motion of Mr. and it was lost. Ayes. 45, nays. 54. sd in the affirmative aro Messrs. A ll«ii, Barclay, !. Bulger, Clarke, of Lawrence, Clemens, Coffee, Coman, Crumpler, Davis, of Madison, Earnest, Edwards, Ford, Forrester, Franklin, Gay, Green, Guttery, Flood, Inzer, Jemison, .limes, of Fayette, Jones, of Lauderdale, Johnson, Kimball, Leonard, Lewis, McClellan, Posey, Potter, Russell, Sanford, shots. Sheffield, Slaughter, Smith, of Tuscaloosa, Stead ham, Steele, Taylor, Tim- berlake, Watkins, Whitlock, Wilson. Winston, Wood— 15. Thos • who voted in the negative are Messrs. President, Bailey, r, of Barbour, Baker, of Russell, Barnes, Beck, Blue, Bol- . Bragg, Catterling, Clarke, of Marengo, Cochran, Coleman, ( Jrawford, < Ireech, < !rook, < 'urtis, I taniel, I targan, 1 >avis,of < loving- ton, I hu is. of I 'tokens, I >owdell, Foster, < ribbons, < rilchrist, 1 law- kins, Henderson, of Pike, Henderson, of Macon. Herndon, How- Humphries, Jewett, Krtclniin. Love, McClanahan, McPhe* MeKinnie, Morgan, Owens, Phillips, Ralls, Rives, Ryan, Shortridge, Silver, Smith. of I lenry, Starke, Stone, Watts, Webb, Whatley, Williamson, Yancey, Velvet-ton—.".!. Mk. i !] bmbns offered tlie following amendment : P rided, 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. niE CONVENTION OF ALABAMA. 81 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, Heard, Bulger, Clarke, of Lawrence, Clemens. Coffee, Coman, Crumpler, Davis, of Madison, Earnest, Edwards, Ford, Forres- ter, Franklin, Gay, Green, Guttery, I loud. Inzer, Jemison, Jones, of Fayette, Jones, of Lauderdale, Johnson, Kimball, Leo aard, Lewis, McLellan, Posey, Potter, Russell', Sanford, Sheets Sheffield, Slaughter, Smith, of Tuscaloosa, Steadham, Steele, Tay- lor. Timberlake, Watkins, Whitlock, Wilson, Winston. Wood -r45. Those who voted in the negative are Messrs. President, Bailey. Baker, of Barbdnr, Baker, of Russell, Barnes, Beck, Blue, Boiling, Bragg, Catterling, Clarke, of Marengo, Cochran, Coleman, Craw- ford, Creech. Crook. Curtis, Daniel, Dargan, Davis, of Covington, Davis, of Pickens, Dowdell, Foster, Gibbons, Gilchrist, Hawkins, Henderson, of Tike. Henderson, of Macon, Hernd-m. Howard. Humphries, Jewett, Ketchum, Love, McClanahan, McPherson, MeKinnie, Morgan, Owens. Phillips. Ralls, Rives, Ryan, Short- ridge, Silver. Smith, of Henry. Starke, Stone, Watts, Webb, Whatley, Williamson. Yancey, Yelverton — 54. Me. YANCEY moved to take up the Ordinance of Secession, and that it he 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 pic- ture can scarcely be presented to the eye of the patriot and phi- lanthropist, than that of separate State secession. There is some- thing repulsive in the very exelusiveness of its mime. Ir is no remedy, because it would remove no evil. Tim slavery question, the " Iliad of all our woes," would not be decided in our favor, Ot even settled in any way. It would still continue, a vital aad ever-present issue. If we succeed in quieting or removing this cause of disturbance, we have accomplished all —if we fail, Dothing. II ow shall separate Becessioo effecl this result '. It would he a revolution of the Government, it is true, hut it would not rev- olutionize the Northern mind. It would neither huafa the pulpit, calm the forum, nor purify the quarters of Black Republicanism This mode of action certainly can afford no relief for the y.\-'. It is equally clear, it oao provide do security for the future. Def KIBTOIM \M' <1 iii-irv means of Belf-defence— ii edition tq ...I without the power I -the rnment provoked into hostility by <>vn • 'ion ; i the West, to Atl Prom the ipon as -with bo foj vc law t.. ; rty - without a treasury, an army or a navy — wo should be, inde< 1. the Niobe of nations, Intimidated by our own weak- I by our lition, and exhausted by de- rvation— ail his tor j that but i await u~. The proud spirit of "ur people bruised, broken, and at last oven le by these oombin >uld demand pi the d rnier n - n, from Borne strong r | cr — aud Alabama ultimately b loomea dep< i I Britain, orof I o return •• in secret, in silence and ■" to the American Confederacy ! The minor States of unoient paying tribute to Sparta or Athens, great as the | ;■ 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, offer sad examples of the well established historical truth, that a weak State can only maintain a nominal independence— i soi political wardship when environed by more powerful hcighl .. therefore, bo i'ar from enabling us the mot • ore t lie interests of sis ild only invite the • ; i isy prey of Northern marauders. Na- nol improvised. They are the alow snd »wth of centuru - •• A thousand years scarce b< ■em to ui - ite. The si a e i : insecurity, which our forlorn condition would beget, tainly, Would drive Oapital away; just at the time, too. Id need it moat. The cost of administering a gov- ernment is in inverse proportion to its aise. Federal officers with Shylook avidity, would -ei/.e the jmhlie revenue in every collec- tion district, and direct taxation would be the only resource for funds with whioh to Bupporl the machinery of government, Out to the earth by a Bystem of taxation more intol- :•• than that of despotic Austria, and impelled likewise, by the net of self-preservation, would strike their tents ami emigrate to the West Thus deserted by population, our lands would pass out of demand, and depreciate; and our negroes, too, cease to ho valuable for want of a market. This emigration would go on THE CONVENTION OK ALABAMA. 8,'> 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 representa- tion 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 Ten- nessee, the great central slave and border States being left — un- generously abandoned to the implacable vengeance of their relent- less foe, would seek safety for their slaves in emigration, and fair cqukolency 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 whitcmen 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 Soylla. 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 be- tween 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. 1ft! if Virginia, losing annually a hundred • as much property as out own, and submitting to a thousand indignities to which our people are strangers, can remain in the ; long enough, to select with some deliberation the mode of retiring from it, certainly Alabama's honor will not be compromised by the determined abandonment of a friend, so dear ami invaluable, h is said thai il Virginia and Kentucky let them follow Alabama. Hut is ii n.ii . inrteous, aelfisfa and unkind, for any one State ■ the Supr me Dictatorship of fourteen equals? .■ i'ii sentiment b opposed to separate S I ssion ; and A ■ majority, at Least ■ large minority of our own ]>-'>i>N' are ntlj hostile to it This circumstance, alone, should be coa elusive against the policy. A large part of the produce of North Alabama finds a market in Tennessee, or passes through that State <>ii [te way to it. North Alabama has no idea of permitting her ind cotton to run the gnantlet of passports, custom hoi and the othat machinery of a foreign government as they ^> t" market. Already many of her best and truest citizens are speak log i 'i from Alabama and annexation to Tennessee : thus illustrating at once the utter absurdity of the doctrine of secession, alias foreshadowing th Btorm that is impending over our ofb Shall v..' » ver live to behold the day v. hi .1 Alabama, having . the untried responsibilities of separate secession, shall find In rself torn, convulsed and rent in twain by the dissensions of An people '. Shall the martial roll til' the warlike drum ever lie heard reverbrating through the deep ravines of the Sand Moun- tains, calling the clansmen of the hills against our brothers ol the South': Shall gritn-viaaged war lilt Ids horrid front' 1 above the lian valley of the Tennessee, and bestain.and overspread with slaughter's pencil those beautiful and picturesque landscaj brighter than any scene whieh ever Bashed admiration upon the shepherd's soul among those flowering peaks, where "smooth Pe- ueusglassv Hood re (lee is purpurea! Tempi'- plea -ant scene .'" Shall the \ery Kdin of peace, become the home of strife, of carnage and of destruction t The hare probability of ntoh a thing ••fills me. and thrills me with terrors no mortal e\ er felt hef.ire." Great God forbid ii! In her name, and by her authority, 1 implore you to yield some- thing, lor oner, to the demand ol' North Alabama- -to your brothers who have the -am.- OOmmon CBUBe, danger and destiny, the same fathl n and mothers to wateh over and pray for you; who love and cherish yon, and whose brave hearts and Btrong arms will bleed and Btrike for you in peril's darkest hour. Although cautious in council, North Alabama, w hen the conflict comes, if come i> moat, will had your army to victory and to glory. What abolition aggression do yon resist by j:oing out of the Union alone? Will it repeal the persona] liberty hills of the h .' Will it return a single fugitive slave'/ Can it prevent the abolition of shivery in the District of Columbia? or the sup- THE CONVENTION OF ALARAMA. 8f> pression of the inter-State-slave trade ? Alabama by seceding, vol- untarily relinquishes whatever of interest she has in the golden fruitage of the territories — the Hesperides of America. lias 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 thi> 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 unpcrishable laurels ? But above all, to say noth- ing 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 bcleager it ? South- ern patriots ! can you repose in quiet upon your pillows while the Constitution of your fathers — the grandest effort of human work- manship — 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 consider- able portion of it, can, upon some self-adjusting principle, ever reunite in sufficient strength to demand and assert our claim to any of the Federal property which we shall abandon. Has his- tory 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 colonics — without money and without men — doubted long, and finally agreed with great re- luctance, 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 un- der 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 pas- sions 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 regu- lations." Hut I, lifter striking Alabama from i provoking :i war with the General rnment, it'i was do! imposed upon you, and by thus dcsohtt- .:■ b rdera and slaughtering her peaceful citizens, drag- r Southern States unto I a union would you do it '.' Every instinct of philanthropy, and ion humanity answers for yon a thousand times, m>. My chief objection, therefore, to »ion, is, thai it would be a inion of the South : a thought so gloomy and awful that it only to be m< otioni d. These are a few of the numerous objections to peaceable separ iion. But could this policy be carried out peace ibjy i I think not [I musl be followed Booner or later, by an appeal to the high arbitrament of arms — where the eloquence of artillery would !,-, and tfa t'a bloody poinl decide. The annals of :fll time furnish but few, if any, instances of a people changing their allegiance by a bloodless revolution. II" the '■• neral Government wen- to attempt to c >erce the State, thai would determine the <|ucs- ti.ni a( nine, [f the incoming administration, however, should adopt the constitutional constructions of its predecessor, the un- nii alternative will be I of engaging in a civil war, or of submitting to the collection of the Federal rev< nus. A pie, ground down by taxation, will not be long in decid- ing that question i I shall not argue to it. A settled gloom comes OVt r the mind and deadly BtckceSS Bteuls upon the heart at its mere eon tern plation. One paragraph from that magnificent burst of iry, uttered by Mr. Webster in the meat Btrifeof 1850, which lew Bplendor from the impending crisis, is worth more than all of my argument :" Who rybody'e •; to Bee any Buch thing ''. Sir, be who now revolving in harmony around a common cen and • Bee them quit their plaoes and fly off without con- vulsion, may look the next hum- to Bee the heavenly bodies rush from their spheres and jostle against eaoh ether in the realms of space, without causing the wreck of the universe. There oan be ich thing as peaceable Peaceal lion is an utter impossibility. Is the gicat Constitution under which we live covering this whole country — is.it to be thawed and melt- tway by secession as the Bnows on the mountains melt in un- der the influence of a vernal sun, disappear almost unobserved and inn off? No, sir! No, sir! I will DOl state what might pro- due,- disruption: of the Union : but sir, 1 see as plainly as I see the □ what that disruption itself must produce. L see it • produce war, and Buch a war 1 will not describe in its two- I oh tracter." mi: COm BIS I [OH 01 ALABAMA. &i 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 ear ! In it would be realized the brightest dreams of Southern statesmanship — the life-long ambition of the great Calhoun consummated — and the in- stitution of slavery protected forever against the propagandists 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 immeas- urable ; a population in the year 1850 of nearly ten millions; her property worth, exclusive of slaves, in round numbers, three bil- lions ; and fifty-five millions of acres of improved land, groaning be- neath the richest of harvests. The cash value of her farms, two billions of dollars ; In r farming implements alone worth sixty millions of dollars ; her agricultural products, estimated at six hun- dred and thirty-two millions of dollars; each agriculturist earning in the sweat of honest industry, an average of one hundred and nty-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 en- larged upon the resources of the South, and continued:] Besides, the South is the nursery of the Arts and Sciences, the land of the philosopher j the home of the orator and statesman, tlu poet, the historian and the divine. Its chivalry unvampiishcd hy a 1 or bv field, and it-: 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 b} a d< ■ rease, demonstrate thai the Smith, under the present Government, has attained a distinction almost unrivalled in mate- rial I they admonish us I at patience in fore we destroy the Constitution which has supplied us with so much nourishment, growth and wealth. They also show that the South, united, i • ithin herself, all of the elements nt ureat i prosperity and independence. K .. and our power, influence ami vast r< sources would Coercion would then beoome a thing impossible, and even fanaticism itself would cot attempt it. The anited free- men of the South, standing above the soil of their nativity, and battling aronnd the urns and Bepulchrea of their fathers, can never be oonquered. We Bhould then possess^ in short, all of the requisites . nation; the evils incident to separate secession abore al- 1 to, would be prevented ; and in this way, if at all, the long •rain of deplorable disasti ra consequent npon civil war. avoided. The North know that we are injured and that the grounds of .in- complaint are just They know that if there is any wrong in the fugitive slave law, we are indebted to them for it. Almost be- fore their tracks were dry on the decks of the May-flower, in 1648, only twenty-three years after, A !>aml of c.\ile> moor'd the bark <>n 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 N( w England, utter again to Abolitionism, the edict of . -n: " thou shalt not steal." We owe it to the interests of lib- -to republican institutions, and to the great rights of man throughout the civilized world. Wc 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 lion, pique 6r precipitation. We should at least determine the before we dethrone the incumbent — agree upon the form of a new government before wc destroy the old. Our ancestors marly a century and a half in erecting the present govern- ment of the United States; and in the Convention which assem- bled in Albany in 1754, its ruling spirit, l>r. Franklin, and his 08- ite commissioners, unlike our separate secession advocates. ipmrned the idea of separate Confederacies. Indeed, colonial his- tory fully proves that the great statesmen who were acting uuder a ugh 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 ma- kers of the present day : the greatest caution and a strong desire for THE CONVENTION OF ALABAMA. Sj) united action. Thej wore acting, too, under circumstances ten times more alarming than those which surround us, and with pre- cisely the same object in view — self-protection against external danger. Even alter 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, remon- strance, entreaty, non intercourse and every other conciliatory measure had been exhausted, that they struck the final blow which made America tree. 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 duly, 1770, although her arms had flashed forth at Fort Moultrie in a blaze of glory, she had not given in her hcrence to the Declaration of Independence; and the reason, still more singular, was that oue of her deputies wanted time to u>iif< otlu rs in the jnoji vt. For these reasons, with many others, it is the policy of Alabama, (dearly 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 id' the Southern States, as 1 confidently believe would be done, certainly every good patriot would hail it with delight. But if, after we have made tins last appeal to the justice of the North — alter we have exhausted, like our revolutionary fathers, argument, persuasion and e. treaty, injustice and wrong shall continue to rule theii 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 abou 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 em- pires — which dethrones kings and decapitates tyrants — the im- placable right which the Great (Jod of the Universe has granted to man in the eternal charter of the skies — the right of every com niuuity 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 man* kind, and supported i>\ the best authority and most illustrious pre- cedents, to throw off such government and provide new guard- for f)0 ubtori urn okhatks of their future security. If the wisdom, the patriotism snd the psrienoe of tlif land, assembled in solemn eounoil, after calmly surveying the facta and maturely, considering the consequences of their act, ^hall be of the opinion that the dearesl interests of oar people require the destruction of the government, let them quietly rtain and define our grievances ; and then having adopted the example of the immortal fathers of the first revolution, in vindica- the second, ' let facts he Bnbmitted to a candid world." Hut if this Convention should neither restore peace nor declare in- dent odenee, our condition would be no worse than it is now. Onoe more therefore, in the names of Liberty, of Peace, of happy hours — of the aged, of the poor, of our mothers, of our Bisters — of helpless humanity throughout the borders of our State. I implore you to concede something to the counties of North Alabama, lis. Timhkki.akk offered the following amendmenl : id by inserting the following after the second section of •he Ordinance, viz : Ami it being the desire of the State of Alabama to form a Pro ■iial Government, and a Southern Confederacy', upon the bs> .,- 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. ■fa. TiMitKiaAKK said : In proposing this amendment, he hoped to so explain an ordi- nance bj the adoption of which. Alabama proposes to resume the powers heretofore delegated to the Federal Government, as to 'online the future action of the State, iii the exercise of those pow- ■i>, to the formation of a Confederacj of Southern States, lb .\ as unwilling to clothe Alabama \s ith those powers for au\ other purpose; he could but regard the experiment of States, (formerh belonging to the United States,) setting up for themselves separate independent Governments, as being dangerous and unwise in poll- ■ ■>, and as it had been a question upon which the parties in this Convention differed in the late canvass, both agreeing thai the ob iect and purpose of secession was the formation of a new Confed- eracy 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. THE CONVENTION OK ALABAMA. 91 This Convention has power to adopt all measures for the de- fence of the interest and honor of Alabama, as well before as af- ter the act of separation. Mr. Wiiati.kv paid: The amendment of the gentleman from Jackson, is already in- corporated 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 t<> lay his amendment on the table. Mb. Yancey said: lb was willing to vote for a proposition that it was the de- sire and intention of the people of Alabama in seceding, to join other seceding States in erecting a Southern Confederac] of States upon the principles of the Constitution of the United States of America. But he could not vote for the. proposition of the gen- tleman from Jackson, [Mr. Timberlake,] because it announced such design as the sole motive in seceding from the Union, lb asked the attention of the gentleman from Jackson to this dis- tinction. 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 Con- vention. For us to vole for this amendment as now worded, is to ask us to declare a motive for secession which was never en tertained by its friends. The advocates of secession placed their action upon far higher grounds. They believed that tie' rights and liberties ^f the peo pie of Alabama were a-sailcd, and endangered by the Norl majorities, who control a majority of the State-, and who arc about to control the legislation of the Union. Believing this, secession, or withdrawal of the State from un- ci- the power of thai hostile majority, was advocated purely for j. he purpose — for the, purpose alone — of protecting and pr< ing the endangered rights of the people of this sovereign Si. • even though not another State should follow our example. Th 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 TORI AM' I'Kiimi- OF the) would join us in forming a new Confederal) up< Id-fash- Republican princip Mter a short discussion, Mr. Whatlsi renewed his motion to lay the amendment <>n the table. The ayes and noes were called, and resulted: ayes 62 — noes who voted in the affirmative were M Ulen, \ . Baker of Barbour, Barnes, Beck, Blue, Boiling, Bragg, rling, < !larke of Marengo, < !larke of Lawrence, Cochran, Cole- man, Crawford, Creech, Crook, Curtis, Daniel, Dargan, Davis of Covington, I >a \ i - of Madison, Davis "I' Pickens, Dowdell, Fos ter, Gibbons, Gilchrist, Green, Hawkins. Henderson of Macon, Henderson of Pike, Herndon, Howard, Humphries, Jewett, Jones of Lauderdale, Ketchum, Lewis, Love, McClanahan, McCIellan, McPherson, McKinne, Morgan, Owens, Phillips, Kalis. 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 <>f Bus- sell, Barclay, Beard, Brasher, Bulger, Clemens, Coffey, Coxnan, Crumpler, Earnest, Edwards, Ford, Forrester, Franklin, Gay, Guttery, Hood, Inzer, Jemison, Jones of Fayettej Johnson, kim- ball, Leonard, Posey, Potter, Russell, Sanford, Sheffield, Slaugh- Smitli of Tuscaloosa, Stedham, Steele, Taylor, Watkins, Whitlock, Wilson, Winston — 87. Mi:. ^ ivcbi moved the following amendment, to be inserted immediatel) after the < Ordinance, and before the resolutions : \nd as ii is the desire and purpose of the peopli of Uabaraa to meet the Blaveholding States or the South, who may approve such purpose, in order to frame a provisional as well as perma nenl Government, upon the principles of the Constitution of the United States." The amendment of Mr. Yancey was adopted. Mr. \\ ittb announced the presence of Ex-Govefnor .1. W. Mattl ,( immissioner from Mississippi, who was, on motion, invited to a seat within the bar of the Convention, THE CONVENTION OK ALADAMA. 93 On motion of Mr. Jemison, the Convention then adjourned until to-morrow (Friday), at 1 1 o'clock, A. M. FIFTH DAY— JANUARY ELEVENTH. The President laid before the Convention the following oflieial dispatches from the State of Florida : Tallahassee. Jan. 10. — Florida has seceded unconditionally, l.\ a vote of sixty-two to seven. M. S. PERRY. The other was from Hon. F. C. Bullock, Commissioner from Alabama to Florida, precisely similar to the one from Gov. Pern . The President announced that the special order before the Con- vention for this day. was the reporl of the majority from the ( 'oinmittee 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 tins 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, uncon- ditionally, to his constituents to this course; and lie would cheer- fully carry out his pledge; and, he trusted, to their satisfaction. lie would not only acquiesce himself in the passage <»t' the Or- dinance of Secession, hut, upon his return to his constituents, he would use all honorable exertions, it' need he. to satisfy the peo- ple with the action of" this liody. This he deemed to he his duty, as suggested by every consideration of patriotism. The public welfare demanded unity of action ; and, so fax as he was concern- "d. the best energies of his mind would he devoted to that end. Mr, I ) aiu; \N said : 1 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 stale, 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 South- '.» 1 ■ MEB vtks ok cm S i|" lied cither to separate from the North, by dii — Iving the Federal Government, or they would l>e com- pelled to abolish the insiitnii.ni of African Slavery. This, In mj |udgtnrnt, was the only alternative : and I foresaw that the Soiath I I be compelled, at some day, tb make her m lection. The \ that party — thej lold doctrines announced in your resolutions of Monday last t<> be •heir principles, and stand pledged to maintain them. Tis true, they diner with you about the time and mode of re- SSJ thej think that hasty secession is not the proper remedy ; think it unwise, impolitic and wanting in proper courtesy to our brethren of the border States. Thus you see, we do not dif- about the fact, but the manner of redress — the remedy. But ther your mode or ours be wisest, he would not argue; that • l>e left for future history to decide. He had been much moved by the remarks offered by the gen- •leinan from Green, [Mr. Wclib,] 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 e to my section. North Alabama had never drawn a drafl on him. he did not honor. Then, sir. it" the danger which he des« rfbee shall befall his section of the State, he will find us ready md willing to share every toil and divide every danger. Though littering totally from the majority on this subject, yet he was a Uabama, born and reared upon her soil, he had not. nor oted to live beyond her limits. To her heowed his fust alle- iianoe, and through her a second t<> the Federal Union, When Alabama shall sever this last allegiance and hid him stand in her nee, he had but one course of dutj left. When her banner was unfurled he should stand beneath it — her friends should !"• his is and her enemies his. Tttese Opinions were widely known to his constituents, ami the\ him here because they endorsed them. He would only add i he ha I a boy 16 years old now training in your ranks, and THE CONVENTION OF ALABAMA. 0? 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, Flori- da 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. 1 am pledged to oppose the Ordinance. 1 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 to- day 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 cooperation; 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 re- peat 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 1 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 Se- ion will be sufficiently indicated by my vote; that vote will be recorded in the book: that book will take up its march for pos- terity; and the day is not vet come that is to decide on which part of the page of thai 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 98 BISTORT AND DEBATES OF right, and that I should be wrong. However much personal grati- fication I might feel hereafter in finding that I was right on this • question, and that you were wrong, that gratification would indeed be to me a poor consolation in the midst of a ruined and : country. Therefore, as the passage of theOrdinanc sion is the act by which the destiny of Alabama is to be Controlled, I trust that you arc right, and that I am wrong. I that God has inspired you with His wisdom, and that, under the influence of this Ordinance, the State of Alabama may rise bo the highest pinnacle of national grandeur. To show, sir, that the declarations I now make arc not forced by th'' exigencies of this hour, I read one of the resolutions from the platform upon which I was elected to this Convention: "Resolved, That wc hold it to he our duty, first, to use all honorable exertions to secure our rights in the Union, and if wc should fail in this, wc will maintain our rights nut 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 t lie result of the greatest deliberation, having been matur- ed 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 lint remains for me to add, that when your Ordinance passes through the solemn forms of legislative deliberation, and receives the sanction <,>i' this body, I shall recognize it as die supreme law of the. land ; my scruples will fall to the ground ; and that devotion, which I have, heretofore', through the whole CQUrse of my public life, given to the Union of the Slates, shall be concentrated in my allegiance to the State of Alabama. Mil Green said : lb' would vote against the Ordinance, but would sustain the ac- tion of the Convention. His people would ratify and fully endorse it. Mr. (i. spoke feelingly, and said he hoped the people of Ala- bama would be a unit. lit' had been elected as a cobperationist ; and would now great- ly prefer a consultation with the slaveholding States before he sev- er, d tie bonds of the Cniou. But, he would not withhold his ac- qaiesenoe from the will of a majority here, however much he might be convinced, in his own mind, of the propriety of cooperation. In this -scat day of interest, it becomes all good men to be united HIE CONVENTION OF ALABAMA. 90 in the same ranks to promote the general welfare of the people, and to oppose our enemies in a solid and determined body. Mb. Kimball said : Mr. President — The passage of the Ordinance is now a settled fact; and T do not rise, sir, to make factious opposition to its pas- sage. It is due to myself, it is a duty I owe the people whom I rep- resent on this floor, that I should express to this body, the power delegated to me by my people. Now, sir, I represent in part, thir- ty-three hundred votes, as good and true people to the South as lives on Alabama soil. It is true they were opposed to separate -ion; that, opposition, nevertheless, made them none the less opposed to Black Republicanism ; but in my opinion, the more ef- fectual. 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 " Advertiser" of this morning, I find a dispatch expressing the opinion of ( Convention has deoreed otherwise, as a loyal citi- :' Alabama, 1 most yield; and I am satisfied my constituents will concur, and will stum] by Alabama in weal and woe. Mi;. JoHHSOH said : Mr. President — Similar reasons t.. those assigned ly gentle- men as having influenced them in arriving at the conclusion to lin tli" Ordinance when passed, has operated upon ami influ- ! in.' in forming a .similar conclusion. This question differs verj materially from all ordinary political questions. To have opposed th'' policy of separate Stat- secession, before any action the people, for their ratification or rejection. Tins was decided to he impolitic or unnecessary. Having thus failed, sir, to induce the Convention to adopt our policy or mode THE CONVENTION OF ALABAMA. 101 of resistance, the alternative is presented : Will we adopt Seces- sion as a mode of resistance \ or will we say to the world thai we prefer Submission to this mode of resisting abolition aggression 1 I prefer secession to submission, and will not only sustain your Ordinance when passed, but will go farther, and say that, if res- ponsibility attaches to its passage, I will share thai responsibility . 1 will vote for the ordinance, believing that Talladega county is unwilling to slum a responsibility which other counties of the State are willing to assume. The entire delegation from Talla- dega, as well as those from Coosa, will vote for the Ordinance. W e are not influenced, in casting this vote, by a desire to con- ciliate 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 DC adopted. We desire that our common enemy should know and appreciate, that .so far as relates to a determination to resisl 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 in- stitutions, yet I wish them to see and feel that, although Our line of policy is rejected b\ a majority of a. Convention of that people, yet we will accept another means ftnd another policy. I have no hesitancy in saving, sir. that I believe the entire peo- ple of Alabama will sustain this Ordinance when passed, and I humbly hope we may go on in our course of greatness and pros- perity, and that this action may redound to the honor and interest of the entire people. Mi;. \\ atkins said : Mr. President — The Ordinance before us. proposing the sever- ance of this State from a Government so deeply rooted in the af- fections of the people, is a matter of such grave concern, and in- volves so many great and vital Considerations, as to make it necessary that I. in common with others who have preceded inc. 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 he]" soil, identified with her institutions, and. wit ha I. jealous ,,f her honor and watch- ful in guarding againsl any infraction of the rights of her people, I feel it to be a duty, no Irss of affection than gratitude, on this it 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 1 fully nrSTORT KTXD DEBATES Of coin deeply and Btrongly attached to the Union of the and, although they acknowledge and feel that •. which call for prompt and efficient resistance, satisfactory, safe, and effective remedj ,;ni be bad, bj ;i cooperative effort on the part of all the South- ern Stair-, than by the more desperate and hazardous expedient sion, proposed in the Ordinance before this on. I shall vote against the Ordinance, in obedient the will of the people I represent, and will cheerfully await the verdict of the future as to the wisdom which actuates it. Mi;. Bb \ki> said : Mr. President — I came to this Convention a warm friend t<> the policy "i' consulting and cooperating with all the slaveholding States. ..J- with a- many <>t' them a- would agree to meet us for the purpose of consultation. I have labored faithfully to earrj nit my desires — as much s<> as any member here; and I still be- that that would l.e the best, safest and wisest course for VJabama to adopt in this trying emergency . But my opinions in this regard n.\ ill not lead me to stubborness in my opposition to what this Convention, in its wisdom, maj decide t" do. That I am, and have been, in favor of resistance to the rule of Black Republicanism, has already hem shown h\ naj vote on the i utioii which was adopted by this Convention on the first daj <>t our .meeting. If this Convention shall decide on immediate • in. a- the surest and wisest mode of resistance; and if. in the wis, loin of the counsel that prevails here, it shall he decided that 'his 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 ii the Siate of Alabama who would lift a voice of opposition to your decree. I will acquiesce in \oiir action, and I will support. heartily, the State of Alabama, in all the difficulties that maj !"■ set her now or hereafter. 80 long as I am able to raise my voice in her councils or m\ arm in her defense. And I can safelj say as much for the people of m\ county — who. though by a large ma- jority, have been in favor of cooperation and consultation with the slaveholding States, yet thej 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. 1. as well as they, will i.e 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 he found to he in the rear of none in our readiness to act when the moment of dancer comes. THE CONVENTION OF ALABAMA. 103 I shall vote against the Ordinance of Secession, but to that ex- tent 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 dc fence of the honor and independence of Alahama. Though op- posed to the Ordinance, and in favor rather of the policy of con- sulting 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 dan- ger 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 cooperation ticket, and had acted and voted with the cooperation party on every measure before the Conven- tion. He now felt it to be his duty, with the facts before him, to vote for the Ordinance of Secession and the resolutions. His col- leagues, 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 Conven- tion, 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 aud 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 de- cided 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, 1 have loved, honored and revered the Union of our fathers. I have cherished it for the pood 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 104 BISTORT \M> DEBATES OK end;' many beroio lives voluntarily sacrificed to pur- chase the blessings it affords, I bave never forgotten, and can nev- er Rn Win re now arc Colombia's classics? What becomes of her lc- !- and ber traditions? Where arc her anniversaries — her Hunktr Hills, her Lexingtons, her forktowiisr Where, her na- tional air- — her hymns of freedom ''. Kntombed in the storied urn.- and sepulchres of the I'a-t. These reoollections will he treasured up in the hearts of our countrymen as the sacred mementoes of a dead friend. They are Liberty's bright gems, Bprinkled upon the page of oblivion, which patriotism, in after yars, will delight to gather and string around tie- neck of memory. I have opposed the Secession movement from its ineipiency to its completion. Cooperative 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 l.WV of the State, the same reasons which have been urged with so much force against Secession, apply with equal co- gency in favor of acquiescence. Resistance to this < Ordinance eould ciily result in strife and dissension among OUT people. If any one believes that I would be guilty of inciting hostile divisions between different Bections of the State, and thus enkindle the flames of civ- il war throughout the borders of Alabama, he has very much mis- taken his man. Mi:. BjDWAED8 said : Mr. President — I have opposed the passage of the Ordinance of -inn in everj honorable way that 1 possibly could. I am op- i to separate State action, but to carry this opposition further, is wholly unnecessary now in this Convention. 1 have opposed it, sir, because I believed such a course unwise on the part of Ala- bama. Again, I oppose its passage because in all oases where the fundamental principles of Government are to he changed, such changes should be Bubmitted to the people for their approval or dis- approval. It is contended by the friends of the Ordinance, that the majority of the people have spoken out in regard to this mat- ter; hut, Bir, this is doubtful. Then, sir, as there arc some doubts in regard to which way the majority stands in this partieulur case, 1 do contend, that the action of the Convention ought to be sub- mitted to the people for their adoption or rejection at the ballot- boz. .Mr. President, the people whom 1 have the honor to reprc- -eiit up >n this floor, did BOl pre-ume to think that this Convention would pasa an Ordinance of Secession without its reference to THE CONVENTION OF ALABAMA. 105 them ; but, sir, they, together with many others in Northern Ala- bama, will be greatly disappointed in that respect. My constitu- ents made it obligatory upon me, to use my best exertions to hav< 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. 1 know, sir. they arc excited to a considerable extent, and when the news readies 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. Mu. 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 cooperation secessionist. The people who have sent me here have no demands to make of the North. One of the resolutions adopted at the meeting nomi- nating me, was that secession was the only remedy. Straight-out, was the phrase used in the canvass, instead of sep- arate State action ; although it was explained to the people that «very State must act for itself, as one State could not for another. One word as to the term straight-out. At the time 1 was nominated, the Union was unbroken, and the subsequent action of South Caro- lina 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 (leorgia, my native Slate, will take the same proud position next week, and that Louisiana and 'JYxa- will follow in rapid succession. Yea. Mr. President, may I notgo a Btep farther and say. that there is good ground to hope that the border slaveholding States will wheel into line and unite their des- tiny with the extreme Southern or cotton States 7 1 find tin n around me the cooperation that my constituents de- KK — that i-. cooperation in seceding. S IOTi RTBTOB1 and DBBATBS OV Thai • 'lin^ St;it( », impelled by a oommon danger, end attracted bj common interests and sympathies, will unite again in lishment of a rejmblican form of government, thus secur- the liberty and peace of tbe people, is in my mind, a question that admits or no doubt. This opinion has been long entertained, publicly expressed, and the development* of ev< ry day confirm me in it. The way is clear. I shall vote for the Ordinance. .Mil. Sheffield said : Mr. President— I rise with great diffidence, on this occasion. knowing my inability to do justice to the aubjed before the Con- vention. I merely wish to state my position before the vote is taken on the Ordinance. I have known, for days, that the Ordin- ance would pass. I have used every exertion to prevent it, but without a hope of success. 1 have written home to my constitu- ents, that BUCh would be the case, and asking them whether, in event, the) desired me to sign it. As an individual, I will sustain the action of my State, honest 1\ and zealously; and if war should come, I will not only counsel m\ 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 am avail. Now that the Ordinance will pass, as a patriot,] feel bound •■■take the side of mv native State in any contest which might I out of it. 1 will vote against the Ordinance. Mi;. PoTTEB said : .\fr. President — Sir. as every member of this bod) must neees jarily lake position, cither for Or against this- measure, b) the which will very soon lie cast, I feel in duty hound to offer some reasons whj my vote shall be cast against the passage of < Ordinance at the present time. Sir, the decision which we make to-daj upon this, in all human probability, the most momentous question that shall ever be set tied by the people of Alabama, may, for weal or woe, tell mor< potently upon all ages to come, than any which will ever claim - onsideration or demand oar action. Now. sir. I desire to aa) to the members of this honorable ly, that when | first entered this Hall I came with decided eon- victions as to the true policy Of OUT State, in the present einer gency ; and I am now prepared to state that nothing which has irred here, nor any developments which have been made else where, have at all changed my previous opinion. THE CONVENTION OF ALABAMA. 10? 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 labor- ing 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 Conven- tion. 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 lie denied that, our rights and interests have been disre- garded 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 there- fore 1 cannot adopt it as our true policy. Third — It is very desirable to have security at home. Will se- cession give us this? It may, or it may not. And it really ap- peals 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 seces- sion can be shown to be the best means of its vindication, then will lie presented at least one powerful argument in favor of this measure. Hut I must confess, sir. that to my mind, tin 1 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 t'atal extremes, it is the pail <>f wisdom for us to he carefully guarded. Entertaining these views of propriety and prudence, 1 cannot do otherwise, under present circumstances, than withhold my sup- port from a measure whose wisdom and policy are so doubtful. Fifth— \\ v ought to do ourselves justice. Now, it is apparent to me, sir. that the act of Secession will cost us such a sacrifice . » t " interest iii the public property of the United states, as will do the people of Alabama great injustice. It", sir, this were the only line of policy possible to be pursued, then we should adopt it at once, ht it cost what it might ; but until we are fully satisfied that no better line of policy can be pursued, we should hesitate to |.©8 trtSTOBY AM" DIB I I i> "i adopt a measure so hazardous in itself, and involving so great :\ eucrifice. S Ih Wc wish to perpetuate Southern institutions. This, is an imperative duty which we owe to ourselves and to pos- \nd the great question for us to solve, is this : Will se- seeurc the perpetuity sf these institutions .' Sir, I am so well satisfied that there is a hetter way. a more certain method of securing this object, so desirable, nay, so necessary, thai I cannot give ni_\ consenl to the adoption of tliis extreme measure, - tenth — .We.wan! 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«ol the conflicting opinions now so prevalent, I am unable te see how it is passible to do justice to public sentiment it' we now pass this Ordinance, and refuse t<> re- fer the action of this Convention to the people of the State for their ratification <>r rejection. A.nd this, sir, will evidently be tin- result, if this measure shall be sustained bj a majority of this body. For these, and other reasons not mentioned, 1 am eon- strained, sir, to act upon the principle that whal my judgment condemns my hand shall not Indorse. I therefore vote in the ne- M I . I i r I . . 1 ! ; s;ii,| ; 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 [should be one of the last to speak on this, the most im- portant question that has ever been debated in the state of Ala liaiua. Sir. believing as I do, that separate State secession is un- e and ini|i<>litie. ami not a remedy tor any wrong of which wo complain in the Union, 1 deem it unnecessary for me at this time to attempt an arraj "f reasons that bring me to this conclusion. This I did before tin 1 people that sent me here. When we hail an CXC'lting e, .litest. 1 told |||V friends thai Secession Was a vit ill issue. that they should consider coolly; thai if it was decided against them, it would become their duty to acquiesco; thai we were all on hoard of a common I '.i il%. — ii' it foundered .and went down. we inusl .all go down together; that we could not. it' we would, separate our destiny from those with whom we differed. And now. sir, finding as 1 do. that secession, immediate and separate, without reference to the people for their ratification or rejection. is a foregone conclusion, and having voted against ever) proposi- tion leading to that conclusion, except one, on which I was pre- vented voting by severe indisposition, I will now content myself THE CONVENTION OF ALABAMA. 100 with recording my vote against the final act of secession. Ilav- done so. I will have discharged my whole duty to those whom 1 represent on this floor. The act of secession having been con summated by the majority of this Convention, whether right Cully or wrongfully, it becomes the action of Alabama; 1 feel itt< ■ be my duty to cease all opposition to that act, and cooperate with the majority, to the best of my ability, in reconstructing a Government adapted to the new state of affairs by which we arc surrounded. That done, my first and paramount allegiance is- ilue to the State of Alabama; and if an attempt he made to co- erce or invade her. although I am advanced beyond the ordinary age of a soldier, I will seek sonic humble position in an army Of defense, where 1 can render some service in support of the rights, the interests and the honor of my country. Mr. Winston said, in substnuce : That he would sa\ a tew words, now that the important measure for which the Convention was called, was about to he 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 repre- sented a constituency opposed to this hasty dissolution of the best Government the world ever knew: the\ were a brave and patri- otic people, and notwithstanding their veneration for the Onion of their Fathers, they, he had no doubt, would acquiesce in and sus tain their State in this its final determination -.. and will rall\ U) the standard of Alabama whenever their services shall he needed to repel Black Republican force, should the same ever lie em- ployed to subjugate them. He had contended, and so declared by his vote, that this Ordinance about to be passed, should be re- ferred to the people for their approval or rejection, and that an effort -houl, I be made, in the Union, to adjust our existing diffi- culties with the North, by calling a Convention of all the slave holding 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 1 n 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 |eft the minority but to acqmiesce in tha*. determined ad of tin I 10 BOStOBY 1KB nSATn 01 majority. This done, AJabama stands forth as an independent in Anticipation of which event, he had written t<>liis -•in. th it the military academy at West Point, to re- ins position there and return home, that In- might unit* ■ ny with that <»t' hia native State — that for nearly two years in that excellent school, the knowledge be had acquired of mili- tary tactics might be <>t' some service in the approaching stormy times, lie assured gentlemen that whatever glon might attach bo this act of precipitation, would belong to the leaders of thai movement — to all <>f which tln\ were most clearly entitled. In conclusion, h<- was then ready to record his vote against it. Mi.. I ►aVis of Madison, --aid : Mr.Pn • ■!, too, have a word to say upon this occasion. 1 cannot remain unmoved amid such solemn occurrences. I shall speak briefly and 1 hope frankly. It cannot 1"' 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 pow- rithdrawing from the Union in the tew past days, Florida has seceded; Mississippi has seceded — each by overwhelming majorities. It is now n<> longer a serious apprehension that Ala bama will Btand alone in this movement of secession. It is con- fident!} asserted that Georgia and Louisiana and Texas will follow. Under this aspect of the case, it is nol remarkable that a great change has also come over the < invention — a change clearly indi- I li\ the speeches that have been thi-- da\ delivered in this hall. I shall vote against the Ordinance. But if Alabama shall need th<' strong arm of her valorous sons to sustain her in any emer- j which, "ii accounl "(' this Ordinant f Secession, may arise within hit' borders, by which her honor or the rights of her citi- zens are likely to be endangered,] saj for myself and for my constituents— and I daresay for all North Alabama — that I and they will he cheerfully ready \<> take our part in the conflict, N\ e may not indorse the wisdom of your resolves, hut we will stand bj the State of Alabama under all circumstances. Mr. Y.W'M said: Mr. I'Ksitlint — If no other gentleman desires to address the Convention, I will the usual parliamentary privilege ac- corded to the Chairman of the Committee reporting a measun — that oi' closing the debate by assigning a few reasons why the measure before you should he adopted. In common with all oth- THE CONVENTION OF ALABAMA. Ill ers here, I feel that this is a solemn hour, and I congratulate tin Convention that the spirit that prevails is both fraternal and pa- triotic — that whatever of irritation or suspicion had prevailed hi the earlier hours of our session, has been, in a great degree, dissi- pated, 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 deliber- ation; 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 lias been said l>y some gentlemen, that an uudue celerity of move- ment was pressed by the majority, I beg those gentlemen to be- lieve that this conduct on our part was dictated solely by our con- victious of duty, and not from any — the least desire to precipitate others into a vote, before they were prepared to give it under- standiogly. 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 unequiv- ocal 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 delaj's 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. Bach 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 ot 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,] what- ever of merit it possesses, is the result of consultation between tin 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 (> bring about a fraternal feeling, they did not hesitate to yield then I |-J rORl LKD DBS 1 I desire in this particular, when my friend from Madison [Mr. Clemens] proposed to amend our proposed < >rdi- ntaoe by adding thereto the preamble and resolutions, w 1 1 i . - 1 1 form i pari of his report It i> well known that some of the people been led to believe that the friends of secession desired to Alabama either into a monarchy, or into an independent . repudiating an alliance with other States, As for myself, I 1H truly declare that I have never met with any friend of scces- entertaining such views. The proposition submitted by nay ! from Madison, [Mr. Clemens,] being in perfect accordance with the wishes ami desires of the majority, and amply refuting ■ 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 'liflerence between members as to the mode, the manner of resist ance. Some believe that when the rights of our people are denied r assailed by the parties to the Federal compact, or by the Fede- ral 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 de- sire. The caption styles it "an Ordinance to dissolve the Union,"' <&C. In the body of the Ordinance, the people of the State are •withdrawn 1'rom the compact," &C It is true, that the mode of stance is organic; it is an organic cooperation, 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 v cooperation 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. Coop- ration and separate State action, as far as they can be effected, oiler our obligation to the Federal compact and in harmony with the principles of State sovereignty, have been joined in thismeas- n v It is true, there are a class of cooperationists, whose views are not met by this measure — those who have advocated coopera- tion to secure submission — to defeat resistance. But there arc mnie of that character here. While the friends of independent THE COPfVENTlON' OF ALABAMA. M •">' State aetion 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 cooperation, for the purpose of effec- tual 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 cooperative resistance, and in a confed- erated governnleBt opon the principles of the Federal Constitu- tion. As far as it was possible, then, to do so, without yielding prin- ciples, 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 meas- ure, than was even hoped for, when we first met in this Flail — From the remarks of gentlemen to-day, many will be compelled to vote against this measure by reason of instructions of their peo- ple, who otherwise would vote for it. I sincerely respect these motives, and think that those occupying such positions act cor- rectly iu their premises. Mr. President, we are fortunate in having the example of <>ur Ucvolutionaay fathers sustaining the plan of aetion here proposed — separate State action and then cooperation in confederating to- gether. 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, 1770, declaring her separate and independent secession from the Government of "ireat Britain. Afterwards, on the 4th of July, 1770, the Con- gress of the United States agreed upon and adopted a joint Dec- laration of Independence. It was after the colonies had acted separately and independently, that both the Declaration of Inde- pendence and the Articles of Confederation and the Constitution of tlic Tinted States were severally adopted. The friends of independent State aetion have also cause to con- gratulate 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 arc known to be in favor "I' that kind of action. We have already received information that a majority of delegates in favor of su -h action has been elected, both in Greorgia and Louisiana. I commend this significant fact to all who feel disposed to condemn an inde- pendent State movement. Some have been disposed to think tliat this is a movement of 11-4 BUST0RT UTD DKBATC8 OF politicians, tod not of the people. This is a great error. Who, ■ hi a cahii review of the past, and reflection upon what ia daily ourriag, eaa reasonably suppose that the people of South Carolina, Florida, Alabama, Mississippi and Louisiana who have already elected ooaTentiona favorable to dissolution, and the people e, North Carolina and Virginia were con- templating an assembling in their several conventions, have been mere puppets in the hands of politicians ? Who can f>r a moment thus deliberately determine that all these people, in these various States, who arc so attached to their government, have bo little in- telligence that thev can he thus blindly driven into revolution, without cause, by designing and evil minded men, against the re- monstrances of conservative men F So, sir ! This is a great popular movement, based upon a wide-spread, 1 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 Bow- ing from the popular heart for years. You, gentlemen of the mi- nority, have not been able to repress it. We of the majority have not been able to add a particle to its momentum. We arc each and all driven forward upon this irresistible tide. The rod that has Bmitten the rock from which this flood flows, has not been in Southern bauds. The rod ha9 been Northern and sectional ag- gression and wroog, and that flood-tide 'has grown stronger and Btronger as daya and yean have passed away, in proportion as the people have lost all hope of a constitutional and satisfactory solu- tion of these vexed questions. In this connection, I would say a few words upon the proposition to Bubmit the Ordinance oi' Disso- lution to a popular vote. ThlB proposition is based upon the idea that there is a difference between the people and the delegate. It i- to me that this is an error. There is a difference between the representatives of the people in the law-making body and the pie themselves, because there are powers reserved to the peo- ple ley the Convention of Alabama, and which the General As- Ai mbly cannot exercise. Bttl in this body is all power — DO pow- ers are reserved from if. The people are lore in the persons of their deputies. Life, Liberty and Property arc in our hands. book to the Ordinance adopting the Constitution of Alabama. It - " we th" people of Alabama," \e.. &c. All our acts are su- preme, without ratification, because they are the acts of the peo- ple acting in their sovereign capacity. As a policy, submission of thi> 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 he effected before the 4th of March. THE CONVENTION OK ALABAMA. 115 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, ami whatever is done by the representative in accor- dance with the Constitution is law ; and whatever is done by the deputy in organising Lmvernment is the people's will. The policy, too, is one of receut suggestion ; if I am not mista- ken, 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 ex- ample 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 seces- sion — ami an additional amount of irritation and prejudice he thus engaged in die minds of the defeated party. Some gentle- men seem to think that in dissolving the Union, we hazard the "rich inheritance" bequeathed to as. For one I make a distinc- tion between our Liberties and the powers which have been dele- gated to secure them. Those liberties have never been aliens ted — are inalienable. The State Governments were formed to secure ami protect them. The Federal Government was made th • common agent of the States, for the purpose of securing them iii our intercourse with each other, and tlie foreign powers. The cours.- we are about to adopt makes no war on our liberties — nor indeed upon our institutions — nor upon the Federal Constitu- tion. It is but a dismissal of the agent that first abuses our in- stitutions with a view to destroy our rights, and then turns the very powers we delegated to him for our protection against as for our injury. These powers were originally possessed by the people of the sovereign Stales, and when the common agent abuses them, it seems to me but the dictate of common sense, as well as an act of s.if- pic-erval i-m. thai the States should withdraw and resume them. The Ordinance withdraws those once delegated by Alabama — and the resolutions accompanying it. propose to meet our sifter I 16 BTT8TOR1 imi DBB \T1> OF Convention, and to confederate with them on the i of the very Constitution, which was the bond of compart and i Alabama, and the other States of the Tnion. W< prop as the Israelites did <>i old, under Divine direction withdraw our people from under the power that oppressi a them, and, in doing so, like them, to take with us the Ark of the 1 ovenanl of our liberties. TTvere is but one more point upon which I desire to -a\ a few words. My venerable friend from Lauderdale, asked us t.. r. . i r pressing the minority to sign the Ordinance. In my opin- ion it is not a necessity that it be signed b\ members. Its Big' nature does not sarilj express approval of tin- act. S rng it is Imt an act of attestation, in one sense, as when the P ident of the Senate signs an act of the General Assembly, which he Ikis voted against. I am willing to vote for all reasonable de- to enable members to consul! their constituents. But I be- b. gentlemen t<> bear in mind that when the Ordinance shall signed, the absence of the signatures of any members will l> ■ a DOtice t<> "in- enemies that we are divided as a people — and thai there are those in our midst who will not supporl the State in it> hour of peril. 'Hie signature of the Ordinance, while waiving no vote given against it — while giving up no opinion, in 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 citisens should l>e prepared to 'lie. t' its exigencies demand it. f now ask that the vote ma) be taken. Mr. ( Y i:\ikns said : Mi-. President — In man) of the sentiments j ust expressed b) the gentleman from Montgomery, [Mr. Yancey,] I concur: in main of them I ilo not concur; an. I I think if would have been much better it' many of them bad 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 mj reasons for my \ote— hut I would prefer to state those reasons when my name is called. W hen Mr. < 'i.kmkn-" name was called, fie sai say that I would not vote for it. if its passage de- peilded upon that Vote. It' it was h>l't to mc to decide whether this plan of resistance. Or another, should he adopted. 1 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 arc about to com- mit, is. to my apprehension, treason, and subjects you, if unsuc- cessful, to all the pains and penalties pronounced againsl that highest political crime, or noblest political virtue, according to the motives which govern its commission. \\ hatever may he m\ opinion of the wisdom and justice of the course pursued by the majority. I do not choose thai any man shall put himself in danger of a halter in defence of the honor and rights 6f my na- tive 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, <>r at mid-day — whether I believe her right or wrong, it should be freely, promptly an- swered. Sir, I never had a doubt as to the course it became me to take ill such an emergency as this. I believe your Ordinance, to hi' wrong — if I could defeat it, 1 would: hut I know 1 cannot. It will pas-, and when passed it becomes the act of the State of Alabama. As such, I will maintain and defend it against all and evert enemy, as long as! have a hand to raise in its defence. \> an caniesl that I mean wdiat I say, 1 am about to place myself in .a position from which there can he u<> retreat. I ha\e other reasons, Mr. President, which I do not mention here, because to do so would in some measure counteract them. I'h''\ arc known to my friends, and there I shall leave them, until time and the course of events shall render their publication proper. tor the present, it is enough to say that I am a son of Alabama; her destiny is mine; her people are mine; her ene- - are mine. 1 see plainly enough, that clouds and storms are gathering above us; hut when the thunder rolls and lightning Rashes, ) trust that I shall in ithi r shrink nor cower — neither mur- IIS IIISTdUV \M> DEBATKS «>K iiuir nor complain. Acting span the convictions of a life-tin*, calmlj and deliberatelj I walk with you into revolution. B perils — be iis privations — be its sufferings what the) may, I share them with yon, although aa a member of this Convention 1 op- )„, >..■.! your Ordinance, Bide by side with yours, Mr. President, in\ name shall itand upon the original roll, and Bide bj side with sou 1 brave the consequences, I rote in the affirmative. M i . ^ \m :.v. l»\ 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, Ordi nance of S aand Resolutions aa amended, the vote was taken by ayea and noes, and they were adopt..! — ayes 61, noee 30. Those who voted in the affirmative are : Messrs. Brooks, Baily, Baker, of Barbour, Baker, of Russell, Haines. Barclay, Beck, Blue, Boiling, Bragg, Catterling, Clarke, of Marengo, Coch ran. Coleman, Clemens, Crawford, Creech, Crook, Crumpler, Curtis, Daniel, Dargan, Davis, of Covington, Davis, of Pickena, Dowdell, Foster, Gibbons, Gilchrist, Hawkins. Henderson, of Ma. on. Henderson, of Pike, Herndon, Howard. Humphries, Jul, asm,. Jewett, Ketehuiii. Leonard, Love. Mc( 'lanahan. M.Pher son. McKinne, Morgan, Owens, Phillips, Kails. Rives, Ryan, Shortridge, Silver. Slaughter, Smith, of Henry. Starke. Stone. Taylor, Watts. Webb, Whatley, Williamson, Yancey, Yejver toll — til . Those who voted iii the negative are: Messrs. Allen, Beard, Brasher, Duller, Coffey, Conian, 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, Sted- ham. Steele, Tiiiilierlakc. Watkins, Whitlock, Wilson, Winston. w I 88. Those in italics, who voted for the passage of ^\>^ Ordinance of sion, were elected as em .| ierat i.mists. Mi. President BuOOKS aniioiniced the result of the vote, and that the Ordinance of Secession was adopted, and that Alabama was a free, sovereign and independent State. THK CONVENTION OF ALABAMA. T 7 f> 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 request ed to telegraph the information of the passage of the Ordinance of Secession to our members of Congress, and to the Govern- ors of the slaveholding States. Mr. Yelverton's Resolution was adopted, and by motion of Mr. Yancey, the doors were throws open. It would he 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, m the Senate Chamber, within the hearing of the Convention, the citizens and visitors had called a meeting ; and the Company was there ad- dressed 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 magnifi- cent Flair was unfurled in the centre of the Hall, so large as to reach nearlj 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 deafen- ing for some moments. It seemed really that there would lie no end to the raptures that had taken possession of the company. 0IST0B1 \m. m.nvrr.s O* Mr. > uu si addressed the Convention, in behalf of ih.- ladies .,i' Montgomery, who bad deputed bim bo present to the Con' tion this Flag— the work of the ladies of Alabama. In i li- course of his speech he described die mottoes and devices of the iikI paid a handsome tribute to the ardor of female pa otism. The writer has to regret that he has been unable to obtain a ■o|,\ of Mr. Yancey's speech, and thai ii<' lias no notes fi which be can make a satisfactory report of it. Mr. Dabqan offered the following resolutions: Resolved^ That the flag presented l»\ the ladies of Montgomery be received, and that the President of the Convention be req i od to return to them i\i>~ thanks of the < lonvention. '<■<f 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 live nor more than twenty years; and the bonds not to be sold at a discount. Mr. Daiu;an 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 Fin- ance, which was done. The following dispatch was laid before the Convention, by the President : t'liAKl.KSToN, .January 1H. 1861. Lar^e steamship off the bar. steaming up ; supposed to be the Brooklyn. Expect i battle. tt. B. 1U1KTT, Jr. Mr. Watts placed before the Convention the following dispatch : I\M BI8T0RY \M' DOBATK8 '>!• Ih \ i '81 'ii. i. r, January 12, 1861. \ H MOOBI : I ,\r Ibr Montgomery to-day, It ia absolutely certain thai Tennessee win go with the South. L. I'. WALKER. Mr Sanderson, of Macon, offered the following Resolution, whiofa wae referred to the Committee on Foreign Relation! i '. That the Committee on Foreign relations be instructed tiil for Pensacola. This i> all the information 1 can give at this time. I expect a messenger to-night with full information. Very respectfully, A. U. MOORE THE CONVENTION OF ALABAMA. 125 SEVENTH DAY— JANUARY FOURTEENTH. The Convention met in the Senate Chamber to-d&y, 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 Curt room, and the Judges of that Court held their sittings in the Library. Mr. Bragg, l>y leave, read dispatches fr6m Mobile, as follows: Mobile. January 13, 1861. To John Bragg — -Have you passed the Ordinance for collec lion of duties, clearance of vessels, and disposing pf.United States property? I have resigned, and I hold treasure for the State, waiting its instructions. Please answer. TIIADDEIS SANFOTU). Mr. Bragg, by leave, offered the following Resolution, which was adopted : Resolreil, That the Chairman of the Committee on Imports and Duties be authorized to transmit to Tliaddeus Sanford, the Col- lector of the Port of Mobile, a telegraphic dispatch informing him of the passage of the above Ordinance, and requesting him to repair to this eit\ 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. Mi-. Baker, of Harbour, by leave, read a dispatch from Gov. Perry of Florida, as follows: Tallahassee, Fla., January 11. 1861. To Gov. A. B. Moore, Executive Department. Telegraph received. Can you send (500) live hundred stand nf arm's to Col. Chase? M. S. PERRY. The communication from Messrs Pugh and Carry, former members of Congress from this State, was read as follpws : M< '\ rOOMEHY, A I \. I January l<>. 1861. \ How. Wm. M. Brooks, President of the Convention-: Sir— -In response to the Resolution, adopted by the Convcn- 126 HISTORY AND OEHATES OF tion. requ sting us to communicate, in writing, any tacts or infor- mation which may be in our i" . touching the action of - and the purpose of the Black Republican party, which would aid th<' body in its deliberations; we state, with a due appreciation <>/ the high compliment contained in such a request, that tii • facility and frequency of communication between this <-it\ an I Washington, are so great .-is to render accessible to every reader of the public prints, nearly every source of information which is open to a member of Congn Ii gives U8 pleasure to comply, so far as we can, in presenting the object of your assembling; >. in the session, a Committee of Thirty-three was appoint' ed by the House of Representatives to oonsider the perilous con- dition of public affairs and report (hereon 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 sati factory to the most moderate and yielding. At a later day, a Committee of Thirteen, tor a similar purpose. was appointed by the Senate. It was composed of the represen- tative men of both sections and all parties, and after several fruit- less and earnest efforts, reported inability to agree upon any plan of aettlement. The belief prevails with no well informed man of either section iu 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 de- grees of hostility to slavery, to abate nothing from their princi- ples and policy, as defined in the Chicago platform. It is the fixed purpose of tie- Republican party to engrafl its principles and policy, upon the Federal Government. Prominent Repub- licans have represented to us, that if they were faithless enough lo 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 Blaveholding States, that they have no hope of a settlement of existing difficulties in the Union, ami are anxious for the Cotton States lo Becede promptly. Some favor, or have favored, a con- sultation of all the Southern States to negotiate for new guaran- ties, with but little or ho expectation of obtaining them, but for the purpose, in the event of failure, of securing the ultimate con- TRB CONVENTION OK ALABAMA. 127 temporanedus secession of such States. Our settled conviction is, that a large majority of our friends in the Border States, dis posed to resist Republican ascendancy, desire the immediate se- cession of the Cotton and Gulf States; in which event, the only question left tin- such States will be to select between the scced ing and friendly States and a hostile government; and on the de termination of that issue, there will be but an inconsiderable op position. 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 \e\v York Tribune, the most influential of Republican journals, concedes that the secession of so many States would make coer .ion impracticable. We have the honor- to be, most respectfully, Your obedient servants, J. L. PUGH, -1. L. M. CURUY. After the reading, the document was laid on the table. Mh. Dowhei.i. oflored 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 Shareholding States, be and they are hereby directed to present to the Conventions of (♦aid States the Preamble, Ordinance and Resolutions adopted by (he 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 Bret resolution. KIGUTH DAY— JANUARY FIFTEENTH. Mr. Ciii'iikan. from the Committee on the Constitution, reported the following Ordinance, which was adopted': An Ordinance to Change the oath of office in this State. lie it declared and ordained, audit is hereby declared and ordain- \ them. RESIGNATION OF Ml;. FOWLER. The Presidenl read the following communication from the Sec ctary : Montgomery, January 15, 1861. I leu. \\m. M. Brooks, Presidenl Convention — : — I have received :i notification that my company the " War- Guands," Tuscaloosa county, Btarts to-day for Fori Morgan by order of the Governor, and it is my duty as well as my Incli- • ii to join it forthwith. [ therefore resign my place as Secretary to your honorable Respectfully, W. IT. FOWLER. Mr. Henderson, of Macon, offered the following resolution, which, on motion of Mr. Clemens, was laid on the Cable: Resolved, Thai in accepting the resignation of the Principal Sec retary, Mr. W. II. Fowler, who has tendered the same for the purpose of obeying the call of our State to defend her from inya- tion, and while we entertain a high appreciation of his services as m officer of this body, we yield to the exigency which deprives us if hlS able services; ami our DBSl wishes accompany him to the Hist of danger to which he is called. The President afterwards read the following letter from Mr, Fowler: Montgomery, Ala., January 15, 1861. I Ion. \\M. (1. Brooks — S,r: — Learning through yourself that my resignation as Seorc- mi-\. for the purpose named, was nol accepted by the Convention. I beg to saj that, fully appreciating the kindness of those who de- ne 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. II. FOWLER. THE CONVENTION OF ALABAMA. [29 On motion, the resolution offered/by Mr. Henderson, of Maoon. was taken up and adopted. Mr. Whatlev moved to go into the election of a Secretary, which was adopted, and the name of Mr,. A. G. IIokn, of Mobile. being put in nomination, he was elected l>v acclamation, there be- ing no opposition. Mr. Yancev made a report from (lie 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 1" printed for the use of the Convention. Mr. Posev, by leave, introduced "An Ordinance to prohibit the African Slave Trade," and asked to have it made the special order of the day tor Monday next. On motion of Mr. Whatlev. it was referred to the Committee on Foreign Relations. Mr. Henderson, of Macon, introduced "An Ordinance provid- ing 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 lelir.iu, Ifenidon and l>ailev. were appointed to wait upon Bx-Gov. Matthews, the ( 'oinniisssioncr from Mississippi to Alaba- ma, and inform him that the Convention was ready tq hear him. < >n motion, the members of the General Assembly were invi- ted tojjseats 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 Presi- dent of the Convention. ISO BISTORT AN!) OKI1XTF.K 01 ■ having returned, with Ex-Gov. Matthews, he introduced by die President, and addressed the Conventioi in an elnboral and eloquent tpeeoh In relation to the < his mission. [The Reporter has not been able to obtain a oopy of Ex-Gov. Matthews' speech.] i Gov. Matthews had spoken about an hour, upon motion by Mr. Whatley, th I avsntion repaired, in a body, to their own Hi' 1 , -.v. \ resutns! a ssion; when the Commie sioner continued his address, upon subjects which it was thought advisable should not be made public. A in : the I io\ ernorcommunicated resolutions adopted b\ certain Southern Senators, and ;t letter from Senator Clay, which were read, and. on motion of Mr. Morgan, they were referred tt 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 formatioi of a Provisional and Permanent Government between the S< » ding States," was taken u p. Hie follow ing is the Report : REPORT AND RESOLUTIONS. Prom th'- Committee of Thirteen, upon the formation of a Pro visional and Permanent Government between the Seceding Mates. 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," provi- ding for the formation of a Provisional and Permanent Govern- ment 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, Com- missioner from South Carolina, which report and resolutions were red to this Committee. rhey have also had under consideration the resolutions upon the same Bubjpct, referred U) them, whteh were submitted by the THE CONVENTION OF ALABAMA. L'{1 delegates from Barbour and from Tallapoosa. All of these reso- lutions 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 t<> 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 tin' Opinion of the Committee, there lias never heeii any hostility felt by any portion of the people of Alabama against the Constitution of the United Slates 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 dan gerous misinterpretations of that instrument, leading them to be lieve that the Northern people design, by their numerical majori- ty, acting through the forma of government, ultimately to des- troy many of our most valuable rights. With the people of South < arolina. we believe that the Fede- ral Constitution '• presents a Complete scheme of confederation, capable of being speedily put into operation:" that its provision* 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 (hat have been, by perversion, made potent for mischief and op- pression in the hands of adverse and inimical interests, have re- ceived a settled construction by the South: that a speedy confede- ration by the South is desirable in the highest degree, which it is supposed must be temporary , at .first , (if ac< 0Q1 plished as soon aa it should be,) and no better basis than the Constitution of the United States is likely to be suggested or adopted." This Con- vention, in the resolutions accompanying the Ordinance dissol- ving the I uion, 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 Mont- gomery, in this Stale, and the 1th day 0*f February, as the ap- propriate 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 '1"' people of South Caro- lina 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 abb- to meet us, at so i arly a da) : but the great importance to BBTOR1 \M' DKB1 ad whicll arc likch to secede by thai date, of having a common government to manage their federal and foreign affairs in the emergency now pressing ■i them, outweighed, in the opinion «>t* the Committee, the lideration which suggested delay. The ' ' mittee m< re read- came this conclusion, as the .Convention which will meet on I'd ut' February, will at firsl be engaged in the formation of i Provisional Government — leaving the more important q tion of a Permanent Government to I"- considered of at a later day : by which time it Is hoped and believed that all the Southern States will be in i condition to send deputies to the Convention, ami participate in its councils. It was thought, also, that the proposition to form the Provisional Government upon the basis uf the Federal Constitution, so much revered by all the Southern states, would meet with the approval of all those which maj The Committee are alsoof opinion that the election of the deputies t<> meet the people of our sister States in Convention, should be made bj the Convention. To submit the election to the people would involve a dangerous delay, and it would l>e im- tioable t" secure an election by the people before the tth of February next. The Committee, therefore, recommend to the Convention the idoptiou of* the following resolutions, [here printed asamended,] . i/ : Resolved^ Thai this Convention cordial!) approve of the suc- tions of the Convention of the people of South Carolina, to iic-it them in Convention at Montgomery, in the State of Avlaba him. on the fourth day of Februran . 1861, to frame n Provisional in 1 1 ion t. upon the principles of the Constitution of the United States, and also to prepare and consider upon a plan for the • tion and establishment of a permanent Government for the Bece- ding States, upon the same principles, which shall be submitted to Conventions of such Becedmg States for adoption or rejection. '<'"/. That we approve of the suggestion that each State shall send to said Convention as many deputies as it now has. or has lat.'lv had. Senators and Representatives in the Congress of the United Stales ; and that each Slate shall have one vote upon all questions upon which a vote iua\ l.e taken in said Convention. Ived, therefbre % That this Convention will proceed to elect. by ballot, one deputj from each Congressional District in this State, ami two deputies from the State at large,at twelve o'clock, meridian, on Friday, the [8th of January, instant, who shall be authorized to meet in Convention such deputies as may be an pointed by the other slaveholding State?, who maj secede from THE CONVENTION OF ALABAMA. 13o the Federal Union, for the purpose of carrying into effect the foregoing, and the resolutions attached to the Ordinance dissol- ving the Union ; and thai 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. With- drawn. Mb. Smith, of Tuscaloosa, renewed the motion, ami it was adopted. Mi;, lii; \<;t;. moved to amend the third resolution of the re- port by inserting in first lin<\ after the word ••elect,'' the words •• by ballot, without nomination." Pending the consideration of Mr. Braoo-'s proposition to anient!. Mi;. YancF.v sa'n! : That he desired to make a, proposition to the members of the Convention, after it had adjourned, which he though* would obviate the objection of the mover of the last amend- ment. < >!; motion, t\\r Convention then adjourned. tenth ]>ay-ja\iai;y seyenteeth. The Convention met pursuant to adjournment, and was called to C by the President, at 10 A. M. Mr. Brack*, 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 Thaddeua Sanfoni, the Collector of the Port at Mobile, to the :t, that a draft dated .January 7. 1861, for the sum of twenty-six thousand dollars, had been drawn on hi< office by the Treasury De- partment of the Q-overnmeul of the United States; ami asking to be instructed whether be should pay the same; have had the same undi ration, and a.-k leave to report : i.'i i anarroai hid dxbatu or That it appears from the dispatch that the draft was ilrawn oo tlic Ttli of Jaooary, inat. ; ■ date anterior t<> the passage of the < >r- dinaoee withdrawing Alabama from the Federal Union. The draft i- in favor of the IT. S. N:i\ j Agent al Peneacola, and the 1 to be, to paj et rtam merchants and ni< uhkniea in I' la furnished and labor performed for the i - and certain other merchant! in the city of Mobile for supplies furnished by them t • Government In annulling the office of Collector at the Port of Mobile, as ; > Unit " office, and reclaiming that Port as embraced within the jurisdiction of, and appertaining to, the State of Alabama in a capacity, the Convention, in its Ordinance passed U» ; that object, imposed upon the Collector, thereby appointed as an officer of the State, the dutj of retaining in hi- hands, until the farther order of the Convention, all Mich money as might be in hia " at the date of the passing of said Ordinance. Under the circumstances by which the ( lonvention was sui round ed, it was deemed advisable to pursue sneh ■ course, not with a view of laying violent hands upon the funds <>t the United States in the possession of an officer of the United States, hut -imply as a measure of self-protection, and with the purpose of facilitating a fair settlement of the rations eomplioated questions that must necessarily arise in the fnture between the Government from which she hai withdrawn and the State of Alahama. Prom the date of this draft, it will be .seen that it was drawn be- fore the passage of the Ordinance requiring the Collector to retain such funds in his hands, a- well as before the Ordinance of fleees -ion. It will also be seen that it was drawn f>r certain purposes involving the interests of third parties, wh i seem to be interposed in such a- manner as to take from the ea.se the simple features of a question between (he Government nf the I nited States and the State of Alabama. Those parties performed services, and. furnished goods and supplies for the Government of the I ruta.l Stat.- previous tO the withdrawal id' Alabama from the Union There was an obligation imposed on the Government, of which Alabama Was a constituent part, t" pay for this labor and these supplies; and it seems to your Committee that every principle of i faith, and an honest dt sire to preserve inviolate the sanctity of Contract, require that these parties .should be paid their ji»-t dues. Tie' best way to secure justice to ourselves is, to do juaiioa to other.-. But, it may be said, why not continue to retain this money, and remit these parties to the Government of the I nited States, to be paid OUt OI other funds in the Treasury of the Gov- ernment f The answer is, this is the fund out of which such ob- THE CONVENTION OK ALABAMA. 135 ligations as arise at the points indicated, (Pensacola and Mobile,) are accustomed to he 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 Gov- ernment 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 depar- ture 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 inc to report the following resolution to the Convention, and ask its adoption : Resolved, That in response to the dispatch received from T. San lord, 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 MUthorized to inform him that it is the sense of this Convention that he pay the same. JOHN ]>11AGG, Chairmnn. Mr. Jemison offered the following resolution: Resolved, That the future deliberations and action of this Con- vention shall te restricted and confined to such changes and mod- ifications of the organic or fundamental law, as have become necessary by the present political status of our State. Mu. Clemens moved to postpone the resolution until Monday next, which was oarried Mr. Ketciii m offered the following resolution : Betolv«d, That the Ordinance of Secession adopted on the 11th instant, be ordered to be engrossed on parchment — sealed with the Great Si il of the State — and at 12 M., on Saturday next, the l'.Uh day of January, instant, in the hall of the Housr of Repre- sentatives, publicly, and in the presence of all the public authori- ties of Alabama, !><• signed by the members of the Convention who may desire to do so at that time. 136 III8TOKY \N!> Mu. Philips moved to amend by adding • "and that ih" table 1 by Buch ->tlitrik.in^r on! all aft< r thi "resolved," and inserting in lieu then-!' tin- following a- a sub- >iiluti : Thai the Ordinance of ' a the Nth of Jan- , L861, b bment ami laid upon the table to d by such members of tl tion as may dc luring or before tin- final adjournment of tl, This substitute was ad<>; PROVISIONAL AND PERMANENT GOVERNMENT. At ii. tion of Mr. Y.wi.v. the President now announced as the special order, Tl. of the Committee of Thirteen, (in the formation of a Provisional and Permanent Government be i seceding Stal The question was on Mb Bragkj's motion pending, after tic word ••elect*' in the first line of third resolution, as per printed report, the following words: "by ballot, and without nom Ml." Mu. Clark., of Marengo, called tor a division of the qn n the proposed amendment, so that the f tl"' Conven- tion might be taken separately on the two clauses, " by ballot' 1 "without nomination;" and the words "by ballot" wereadorJt- am< ndment. Mu. Braqq withdrew the latter clause, " and without nomiua- tion." Mr. Braqq moved to amend, by inserting in the Beoond line of the first resolution, after the word "Convention" the words, "on tin- fourth daj of February, at the city of Montgomery." — Amendment adopted. Mr. .1 i \ii- ,n moved to strike nut all after the words "United VttE CONVENTION OF ALABAMA. 137 States," where it occurs in the third line of the first resolution: "and also to prepare and consider upon a plan of Permanent Gov- ernment for th*3 seceding States." Mi!. Whatle¥ said: Mr. /'nsulntt — I am utterly opposed to tlic proposition of the gentleman from Tuscaloosa, [Mr. Jemison.] I am unwilling that it shall be said by posterity, that we had the power to tear down, but wne 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. '1 hey said wo intended to destroy this Government, and that chaos and confusion would rule in the place of order and good Government. I am for establishing speed- >'/// another Government upon the basis of the old Federal Consti- tution, and to avoid, if possible, the abuse of it by a fanatical majority. Our people love their Government — they are a loyal rod patriotic people — I am ready to give my energies, and my feeble ability, to lay the foundations of a more permanent Govern- ment, and that "/ n<> distant dnij- It is said that the Border .States arc not ready to participate in the establishment of a new Government at this time. That iuav be true, but that is not our fault: we will have the Cotton States by the 4th of February, and with them, wo can establish a Gov- ernment great in resources, and boundless in territory. Gentle- men say cor speedy action will tend to drive the bonier 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 olier to the Border States, who join vis, a guaranty of protection against Northern coercion and Northern tyranny. Ma. Williamson said i .1//-. President — I should very much regret to see the amend- ment proposed by the gentleman from TuskaJ i [Ma. Ji Misoal, adopted. It would, in effect, be declaring to the world, that we are n-i! yel prepared to approach the altar with our si.-icr Siuth- i in States, and unite with them in pledging our lives, our for- t'nies. and our sacred honor, in del', ace of the course we, but a lew days since, deemed it our duty to pursue. If we fail to pro- vide Honing s Permanent teat a( the earliest day practicable, we shall ha I m bad faith to the people, ana will subject ourselves to the scorn and contempt si even true 10 I."!"* ill-. frieii'l >>i oar oause During the war of '7'i. if the oohxtists had an anbrokeo front, the British Lion would have 1 n maoh sooner expelled — millions the Treasury, :m 1 - Bpared tin- Bhedding of ma i!t of itraotad war, nut only with foreign • it traitors in tlioir midst. There is no use in disguising tip uro in the it rolution : thus far bl it is true, yet i ind palpable. Look, sir, to the deplorable c mdition ol financial and oommercia] affairs. I it, gloom sad des* pair depicted in every countenance. Every intelligent man knows that our great staple ought t>> have advanced. l*et mil- have already hern and will continue to be lost to the Smith by its depreciation, if we il" not demonstrate t . the World thai • i earnest, and intend, regardless of c ry hazard, and tremity, to present an unbroken front in defend uur nationality and rights. This can only be done by establishing rmanent Government To»day the i pie are with u>, and [f disappointed and left for an indefinite time, turrounded by difficulties more intolerable to an intelligent and brave ] pie than war itself, no "tie can predict the conscquen Our present position is untenable. We cannot There i- 1 no half-way house. Consequently, we must press forward, and my life upon it, that in less khan two n th*-, the skies will hten, and if we arc not at peace, we shall ti mi ourselves am- kblc and fully prepared to eonqner ■ peace M k. ■ ai'l : Mr. I . . .,! — I shall support the j i > < >t i< >i i nl the gentleman from Tuscaloosa, His amendment affects only the appointment of delegates to a Convention t<> form ;i Permanent Government* leaves those we propose to select, in the resolution bel to organize and put into operation a Provisional ' lovernment. It is of pressing necessity that we shall have n Provisional Gov- organized at the earliest practicable period ; and thai it thall be in the full exercise of its functions before the 4th of March . when Mr. Lincoln ifexpected to take control of the Federal Administration of those States which still adhere to the old ov If our delegates meet in the early part of February proposed in the resolution reported b) the Commit! they will have ample time to adopt a plan for the temporary gov- ernment of those States, which shall, by thai time, have dissolved THE ('(INVENTION OK Al.AIlAMA. 139 their connection with the present United States Government ; and to select and place in power able and patriotic men,.charged with iis administration; and bj the time Mr. Lincoln assumes the control of those States unitedunderthe old Government, we shall haveanew Gfovernment for our Gulf Confederacy in operation — with a treas- ury and an army, capable of' protecting ah against foreign inva- sion, and of securing domestic tranquility. This same Convention, it is true, might proceed further, and adopt the plan of a Permanent GoverninetoC, to be submitted to such States as might hereafter withdraw from the old Federal Union, and ask admission into the new one. Bui when we con sider 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 oli'to enable Georgia, Louisiana and Texas — States whose sympathy with us has already been indicated by their recent elections — to conveinto our Convention, anil take part in the discussions of those ques- tions which musl arise in the formation ofany system of Govern- ment; and which, of necessity, each member of' the new Confe l- eracy must feel a vital interest in. But, besides the States just named, we ought not to ignore the elaim.9"t)f Virginia, North Car- olina, Tennessee and Arkansas, which are moving in the same di rection as the Gulf States; and although they have not called ( \ >nvenfions. up to this time, I am not hazarding too much to sa\ . they will, in a short time, do sb. There are within the limits of those States, men as true and re- liable as any we have within our borders ! — men who have taken the front raid; in the advocacy of immediate secession, and whes i influence, we may confidently expect, will be all powerful in plac- ing their States, in good time, along side of.ours. The States have a right, 1 say, to be heard in the formation of the new Government — they must pursue, a similar policy — thej have a kindred blood — and above all. Upon the great question of the day — that involving the perpetuitj of our domestic institution of slavery — they are bound to us bj every tie of feeling and in- terest; shall we not extend an invitation to them to join us in laying the formation of a Cult Confederacy that shall embrace ev- 5 ■ Mr YaWCKT said : Mr. Prr.v'denf — The people of South Carolina have invited tne 1 !<• IIIKTiiKV AM' \ ihama t.. meet them in Convention t>. frame Provit> i<»nal i I P manent Governments for the secedii ~~ In th • pea lutiona accompanying the < Ordinance dissolving the I i — the Urdinai 9 session — this Convention accepted thai in- iidopting ihe suggestion * • t " 1 1 1 * - Comu Srofin 8 ith Carolina, we invited those, as well as the other Southern 9 s, to meet us in Convention in th Ll t'Febru- 1801, for the purpose of framing Provisional and Permanent immbn future peace >m.l security. 'I'd,- object of the report and resolutions now under consideration, i-. simpl) to carry intti effect the d< -i_ r n (hen and thus announced; ami therefore, ii'> delegate who voted for the ' Ordinance '""I Reso- lutions attached can consistently vote against the report. ..•imI objections have beeti urged against thi report, which 1 propose brieflj to consider. One is, th.it by the report deputies t" thai Southern Convention are t>» be elected by this body, anal not by the people; and also thai do provision is made fur tlie election of another Convention to consider the plan fi*r the I' : man' m Government to be submitted for ratification. The points correctly stated, bm constitute no objection with me. The le have had tins questiou of secession before them for a long time, and have maturely considered it in iwo late elections, name I v : those for Electors of President, and for delegates to thin i>" whatever, in the opinion of t lii> Convention, the rights, interests and honor of the State of Alabama require to be done for their protection." The laws that authorized the el< titained thin enumeration of am- ple authority, and the people endorsed it. We have been lec.ted for our supposed wisdom, experience in public affairs, integ- rity and courage to take all proper responsibility in the pre m In my opinion, the seven States that will be out of the Union by the 4th "t' February, \\ ill need s common < lovernmenl in order to meet a common enemy, as soon as one can be organized. — It is plain that, with divided councils, and divided resout an. I divided action, these States cannot contend against the unit- ed power of the Northern Btates, as well as if they mel their enemy with the strength and wisdom of union, in council and ac- tion Hostilities slready e*isl 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 <>!' deputies to the people, would postpone its THE CONVENTION OF ALABAMA. 141 meeting till the 4th of March; and that, in my opinion, would be hazardous to the last degree. Such an aot would be suicidal — one to In- looked for, perhaps, from :i friend of reconstruction of the Union, l»ut not from a friend of a Southern Confederacy. But, it is said, why not call another ( 'on vent ion 1o ratify (lie Per- manent Government to he adopted 1 I answer, because it is un- necessary. A Permanent Government for a Southern Confeder- acy was looked for hy 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 1 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 peo- ple have indicated, and it is expressed in the report-r-it must be a government as nearly similar as possible to the Federal Constitu- tion. We need no discussion before the people, nor other expres- sion of their views on that point. Besides these views, in them- selves conclusive to any mind, no statesman would 'willingly throw such grave issues before the people alter once receiving their de- cision, until the irritations and prejudices and passions of the pre- vious contest had cooled. It is eminently wise, before throwing on upon the people the responsibilities which attach to us. to con- sider the condition of the public mind. Gentlemen here have told us of an excited and unhealthy state of public feeling in som i "ns of the Stale, and asked tinie for reflection, in order to its; correction. Who is not aware that it was a graft! misfortune that, the (lection for delegates to this body came off so soon after the heated Presidential contest ' Who is not aware that m one sec- tion of the State the angry passions and prejudices of thai contest entered very largely and almost exclusively in that section into the. election for delegates .' And is it wise, is it not eminently un- . to throw this whole question again before such a people, to blow off the ashes and revive once agajn the glowing embers of that hitter st liti-? another reason why I oppose the election of another Convention. Such a proposition has a tendency tx> reopen the ques- tion of sea ssion, by bringing up tin' issue of a reconstruction oi the federal Government. It allows such an issue to be made — it invites it, in fact. And under what circumstances 1 From the signs of the times, it would seem that coercive measures were i" he adopt I'd. lis,,, about tlir time of SUGfl am 'lection, the people will 1m- bearing the burthens of such a contest. Commercial and agri cultural interests will he suffering. Debts will he hard to paw 1 IJ iii-i i'HV ^Mi DKBA1 E0 01 Provisions will 1" Perhaps death al the hands of the en* « - 1 1 1 _x will have come to the d voi many families. Men's minds, ilniv surrounded and affected by strong personal and selfish con- ations, will ii<>t he in tli.it calm and well balanced condition, which is favorable to a correct and patriotic judgment of the ques- '1'Ik ■ \ erj state <>l" things \\ ill perhaps exist, \\ bich our Black Republican enemies predict will exist, and which thc> snecringly nl\ upon to tbrce our people t" ask for rcadmission into tin- Union, shall we, the selected friends and deputies of the people, aid these \\ ily and malignant en< niies of i >ur State b> la\ ing this whole question, as it culminates in it- progress, on the ver) i if final triumph, back to the consideration of a people thus sur- rounded and influenced 03 1 1 m >^-t impropitious circumstanoes 1 To ilo bo might well accord with th<- purposes of a friend of the Fed- eral Government, but in my opinion is u policj which everj true friend of the people should condemn. Mr. President, I avowmyselfaa utterly, unalterably I t«. auy and all plans of reconstructing a union with the Black Repub- lican Statesofthe North. Ndnew guaranties —no amendments of the ' '< Hist it ut ion- — no peaceful resolution — no repeal of offensive laws can afford any, the least, Inducement to consider even a proposition to reconstruct our relations with the non-slave- holding States. This opinion is not founded on any objection t" a confederation with States, North of Mason & Dixon's line, "it principles mutually agreeable to them; but it is founded on the conviction that 6he disease, which preys en the vital- of the Federal Union, does not emanate firotn any defect in the Fed- eral Constitution — but from a deeper source— the hearts, heads and consciences of th'e Northern people. They are educated to believe slaven to be n religious as well ^ a political wrong, and consequently, t<> hate the slaveholder. Mr. Seward was liirlit. when he declared thai there was N an irrepressible conflict," which would not cease until s!a\ ery was exterminated. But, sir, the e\& inputs of that conflict are not t" be found in the Constitution, but between the Northern arid Southern people. No guaranties — ho amendments of the Constitution— no compromises patch 1 d up to secure to the North the I" n< Jits of Union _\«'t a little longer, can reeducate that people on the slaver} issue, so as to induce them, l; the majority . to withhold the exercise of its power in aid of that "irrepressible conflict." To accept "i such reconstruction would, in m\ opinion, be but salving over the irritated surface <>t' the deep-rooted cancer, which has been eating into the vitals of the I nil.:;, affecting perhaps an apparent, a deceitful cure, while still the loathsonu and incurable disease keeps on its fatal progress, THE CONVENTION OF ALABAMA. 143 and daily weakens the body politic, until iinally it breaks forth Again with renewed, becaused temporarily repressed, vigor-and the victim sinks in death. One other objection lias been raised by my ftiendfrom Clarke, [Mr. .Icwett.] which would seem to be fundamental in its nature: and that is. that by the fourth oi' February, but five States will naeel on that dav. and lie cannot, consent that five States should make a government for fifteen ; for, in his opinion, all the South- em 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 com- mand of events; if time was to them, at this juncture, a matti but little moment; if circumstances did nol 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 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 ns to be under control of a military chieftain. Prompt ac- tion in establishing some common Government is imperiously de- manded. 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; thai the resolutions indicate the character of both the Pro- visional and Permanent Government to be formed. They are both to be formed on the principles of the Federal Constitution. This Constitution i- well known to all the Southern people. It is red by them. There has been no desire to oppose or to al it. • hi the contrary, such a policy has always met with pub- lic disfavor. The interpretation of that instrument has been gen- erally Uniform at the South, ever since llie passage Of the I brated Virginia Resolutions of 179S. That, Constitution has I 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 Stat- s were in convention, who doubts that would unanimously frame the government for. a Southern " d< -rac\ upon the principles of the Federal Constitution's None of ns doubt it : and it' the five or seven States that may ruble in Convention on 4th of February next, do proceed at once to frame a Provisional Government upon the basis of thai Ill iU'.iouy and DKSATXI 0» Constitution, and afterwards frame a Permanent Government up- on the like principles, who doubts that every seceding State, as it retires Prom the Federal I nion, will at once ask admission into he Southern Confederacy i For one, I do not doubt One great and prime obstacle to the earlier movemei tsof the 1m.i-.Km- Si vor of secession has been a wide spread belief that the Gulf - designed in seceding, to establish a Government, differing essentially from the Federal Constitution; and especially that the African Slave Trade would be reopened. I have received many letters from distinguished gentlcm.cn in various parts of Ken- tucky, Virginia, North Carolina and Tennessee, upon that very point, informing me that, were it not for the fear of the new Con tederacy reopening the African Slave Trade, there would be a much Btronger and more general movement in those States in fa- vor of dissolution. Those resolutions quiet such tears. The action upon them by the Southern Congress, instead of being an obstacle in the was of other States joining the Southern Confederacy, will be hailed by them with delight-— will be considered by them a- wise— '-and will command their respeel and admiration, as much as the pres- cnt Union commanded that of Texas, when she asked admission into the Union, although having had no voice in framing the Con* stitution. A Southern Confederacy, with the Federal Constitu> tion slightly altered to suit an entire slaveholding community, will be an invitation to Soiithen States, yet in the Union, to leave it and seek for peace and security and liberty within a Union. having no enemies — no irrepressible con diets- — and being a confed- eracy of slaveholding States, under the Constitution lave, holding sires. I now ask that the vote may he taken upon the resolutions. Mi;. J i:\vi- i r said : Mr. I'rc>i'>ihiit—\ do not wish to be misrepresented, and I do not intend to be misunderstood in m\ position upon the question under debate. The gentleman from Montgomery intimates that [ have receded from my position as an advocate of immediate lecession, and that my course to-day, is not consistent with raj vote upon the Ordinance of Secession. 1 deny it. 1 stand to-day jrbere I stood on the 1 tth January, ami where I have ever stood, $& home, in my own county, in the recent canvass. I maintain- ed our right and our dut \ to secede from the Union, even if wc iiad to take thai step alone. In my vote on the Ordinance of Se- ','>n. I earned out my opinions by action, and gave to the world) THE CONVENTION OF ALABAMA. 145 the only assurance in my power, that I was not disposed to tol- erate hesitation or delay upon the greal question of withdrawing Alabama from a Federal union with non-slaveholding States. The gentleman says the time at which we were to form this Pro- visional Government was indicated in the Ordinance of Secession; and that those who voted for that Ordinance arc 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 oi Thirteen, and attached to the Ordinance of Secession, designating a day upon which wc were wiling to meet the other seceding States in ('.invention. 1 Jut 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 F It was in the following words:. " R&wlvt >/, Third, That the said Commissioners be authorized to invite the seceding States to meet in Convention, at such time aud 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 forth- with to consider and propose a Constitution and plan for a Perman- ent Government for such States; which proposed plan shall bo 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 tor 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 mi t when we accept their invitation to join in the formation of a Provisional ( Jovernment, on the 4th day oi' February next. And upon examination of the report "from the Committee on Relations with the Slaveholding States, providing for Commission- ers to such Slates," presented to our Convention by the Commis- sioner from South Carolina, 1 am confirmed in my opinion. In that respect, the Committee say (referring to certain modifications proposed in the plan suggested for a Provisional Government,) I4»> HISTORY AND DEBATES OF " yet these modifications may be safely left to a period when the ar- ticles of a Permanent Government may be settled, and that, m> :m- time, the Constitution referred to will serve the purpose of a tem- porary Confederation, which the Committee unite in believing ought to be sought, through all proper measure trnestly." That I did not desire or insist OD any unnecessary delay, in the formation of the plan of a Permanent Government, will b Bhowu by a resolution I proposed to offer, at the proper time, in case the Convention sustained the motion to amend, offered by the gentle- man from Tuscaloosa. That resolution I now have, and 1 propose to read it, to show what 1 contemplated doing upon this subject. It reads as follows: •• Retoloedf That this Convention hereby extend-, to such slave- holding States as have already withdrawn from the Union, and also to such other Blaveholding States as, by the 25th day of Feb- ruary, 1861, shall have withdrawn therefrom, its invitation to meet Alabama in Convention, on the 4th day of March, L861, at Montgomery, Alabama, to propose a plan for a Permanent Govern- ment of such seceding States; which plau 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 Con- vention 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 1 will even go so far as t«> Bay, 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 Gov- ernment, may proceed, after performing that labor, to the con- sideration of a plan for the Permanent Government. Put 1 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 1 am willing to leave the matter, and that they shall ad- journ over to a subsequent day, to meet all such representatives as shall then present themselves from m ceding slaveholding States, for the purpose of forming a permanent and lasting Government. 1 have no doubt representatives will be found there from Virginia, and from the other border States, and that we shall have a united Sooth, 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 amend- ment of Mr. Jemison, and to take the place of the first resolution reported : THE CONVENTION OF ALABAMA, 147 Resoloed, That the Convention cordially approves of the sug- gestion 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 t lie 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, fur adoption or rejection. Mr. JEMISON arose to a point of order ; that the substitute was not in order. Overruled. Mr. PoirfiB asked leave to withdraw his substitute. Not granted. The question being on substituting the amendment of Mr. Pot- ter, for the amendment of Mr. Jemison, to take the place of the first resolution, it. was carried without a dissenting voice. Mr. Y \n< kv moved to amend, by inserting, in the substitute, after the word " Convention," in the third line, the words u on the 4th day of February, ISGl, in the city of Montgomery.'' Adopted. Mr. J KMISON offered the following amendment to the substitute •■ 11 it further Rtsoloet^ That the plan for a Permanent Gov- ernment 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 Conven- tion 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. BULQKR offered the following, to be added to the last reso- lution, by waj of amendment: "The members ol which shall be elected by the people." On a motion to lay it on the table, the ayes and noes wire called. Those who voted in the affirmative were Messrs, President, Bailey, Baker of Barbour, Barnes, Beck, Blue, Boiling, Cut- 1 16 BTSTOBY AND DKIt.VTES OK terli i ' ehran, » tab man, Cre< oh, t !i . ; I ton, Dowdol Q-ibbons, Gilchrist, Hawkins, Henderson of Mnc< n, ll< udi rson <>t Pike, [Inward, Humphries, Jewett, Ketchum, Lore, McClaBoa- han. MePherson, McKinno, Morgan, Owens, Rives, Ry an, Short* . Silver, Smith of Henry, St.uk. \V< bb, What- i. Winston, Yanoey, JTerverton.— i'.' who voted in the negative wet Mien, Rarolay, her, Bulger, Clarke of Lawrence, Coman, Crawford, C\ pier, Davis of Madison, Edwards, Ford, franklin, Guttery, Hood, r, Jemisoo, Jones of Fayette, Jones of Lauderdale, Johnson, Kimball, Leonard, Lewis, MoClellan, Posey, Potter, Russell, Sand- f*«ir. us. the President, (Mr. Smith, of T« In the loved to amend by sii iking out " eligible to election ■ and insert -shall be elected by tins Convention to." which »ras I bj M r. Earnest. 150 s or Mi;. ■ Thai it had been a role with him, through the wlwli , 1 legislative life — ;i period of near thirtj any circumstances, t" v..;,- for a member of tin slature for an) office created by thai Legislature. Il> red i" this rule rigidly, and often al the personal feeling; for, on man} occasions, ho had reluctantly tx compelled to vote again! I friends. There is a law on our Statute Book which positively forbid* tion of a member of the Legislature to any ofti< the body during the time for which he may have been elect ud. It is true, that thai law does not apph to this eas >, as a ! •. it is a principle, and he must adhere to it. If there was tsion that would authorize a departure ! this rule of action, it would be this; for there were man} gentlemen here whom 1 would be glad to see elected to this |><. ■:— ua\ '. sir. to otherand more pfomincnl positions. He might be permitted to refer to one who is at the head of the Militan 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, I [enee, continued Mr. J., tie I shall adhere to my rule, 1 eonfi ssthat this is an occasion, it any. • 1 1 i < • 1 1 mighl authorize a departure from that rule. Mb, Clsmens said : Mr. President — 1 do not consider the udoptiou of this resolu* is matter of the slightest importance in reference to offices which are to I e tilled by the Convention itself, since it is plain that the same majority \'. ho have power to adopt the resolution, have the power to defeat an} candidate who may be placed in ination, [should not, therefore, have participated at all in the debate, if direct allusion had not been made tome b} the gentleman from Tuscaloosa [Mr. Jemison.] The terms of thr allusion were complimentary, it is true. and for that 1 thank him: but still, it was so made as to demand, some repl} , I do not agree that there is an} propriety in excluding our- selves from office* which are to be tilled outside of the Conven- tion, and b) a power over which we have no control. There I"- some reason for excluding ourselves from offices to which we retain the power of election ; but when we have surrendered power to other hand?, the* reason is removed, and tho dis» THE CONVENTION OF ALABAMA. 151 franchisement becomes an art of simple and unadulterated tyr- ranny. The military appointments referred to by the gentleman from Tuscaloosa, are vested in the Grovernor. The Military Committee have voluntarily deprived themselves of all voice in their selection, and I think l have a right to saj for thai Com- mittee, that they have nol been swayed one hair's breadth in their action by any consideration hut the public good. I do not believe that a single member of it lias 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 tin- efficiency of our military organization, we vested the appointment of the officers in him. hoping that the discretion thus given him would be exer- cised wisely, and intettdiUg that it should not be obstructed b\ importunities on our part. \^ to the appointment for Major-General, I musi. be allowed say that no man is (it for the offiee who stoops to seek it. It is one of grave responsibility, surrounded by innumerable diffi- culties; 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 connec- tion with this office. Sir, 1 have intimated to no one any desire to till it. I know too much of its responsibilities and its difficul- ties, and though I have been accustomed to take the one and encounter the other, these are of a nature which I could only bo induced to shoulder by controlling considerations of public duty. In the. trying times which are before us, 1 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 ma\ 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 other respects, and. therefore, I shall vote against it. Mi:. Siom; said : Mr. Pretident — I cannot permil the vote to be taken upon the Resolution of the gentleman from Jefferson, without rising to protesl againsl its adoption. Sir. that Resolution, it" adopted. will deprive the State of the services of some. of her most tal ented and eminent sons, and at a time, too. when she peculiar!] 152 HISTORY UCD DXBATK8 OF tncils 1 - of her wise and | .ion. In il zatidn of a Southern Confederacy, the Suite will talent — her men of iqtellect, her ; and to alone Bhould be confided the great tru^t of • . the new government. It makes no difference where these men are to be found, whether in the Legislature, in this Convention, therein the State — if they are the . we should call them t<> the public . withont regard t<» their being members of this or of any other body. We should bave our win »!<■ Stal from which t" make our selection of .1 I. tlii< I .iii.l should ii"!. by the adoption of this Resolution, stricj ours. 'Ives as t.i be forced to exclude ami ostracise some of out- most faithful and eroinenl statesmen. Sir, is the fact that such men have I. ecu endorsed by the | pie, and have come to this bodyj entrusted with their d why we should pronounce them disqualified for the position . -r* I > . • j . 1 1 1 \ ? \ • it all. It is rather a recommendation. Hut we owe it not only to (.in- "-.Mi State, li.it to our sister States, whom w< are to meet in Convention, ami with whom we are to counsel with . the rights of all, that we should send our most emi- nent men to aid in the deliberations of that important bod} . Sir. as the whole responsibility of this new government will anon the . party, 1 carl upon •'//l" the Southern Confederac\ is entrusted to its- friends an. I not to its enemies; to men who have been trtre to the cause of the South through evil report as well as through i report; to men who are thoroughly Identified with it; whose li I. .lily is above sii^nieioii, ami who. in good faith, will use their be*l efforts to secure the organization of a government that will prove satisfactory to the people. Anv inefficiency or failure . iiinieiit — any inconvenience or hardship that mav result from its establishment, will l>e charged upon the and it therefore behooves us to place this work of trueting the Southern Confederacy in the hands of its- tried an I its heal friends. In such hauls we should feel that the work was safe an I secure. In this way we may obtain a full guarantee that the rights of those whom we represent will lie amply pro- tected. Sir, 1 trust the Resolution will not be adopted. It is Unjust to our St, ite. 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 ev i \ sacrifice and of the most hitter denunciations, have accom* ied so much for the rights of our people and the honor of • .,ir State; that now, at the ver} moment of the triumph of THE CONVENTION OF ALABAMA. 1 53 the Southern cause, to which they have ever been so faithful, we should repudiate and discard them as unworthy of the public confidence. Sir, 1 cannot thus discriminate against our friends. Mr. Morgan said : He had desired that the Convention would not place any re- straint in its action in the selection of deputies to the Congress to meet on the 4th February, by a formal resolution ; but be was equally anxious that the selections should be made fron persons outside of the Convention and of the Legislature; and had hoped that a tacit agreement on this joint would relieve us from all em- bai ras-uiciit. As the resolution had been (.resented, he would vote for it, if it was kept in its original form, so as to exclude members id' the t '.invention ami of the Legislature. [f the propositions were ted separately, he should vote against both. Our State adopted the principle in its original organization that the Legislature should not till jhi office created by itself, from its own membership, existing at the time the office was created. I see no occasion hers to depart from this principle of government. I would include the Legislature for many reasons. The most im- portant 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 Con- gress. We have abrogated these offices, and created others of a. similar character under a different Government)- As it was tinder 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 1 1 is rather a com pi ment to the State that she has many eitieena capable of such high datiee, A position in this bodj ought to gratify any ambition. An honor confi rred bj this body on one or more of its members w»»ul I be of great value, I confess; but it would be pubject to a decided draw- back if we should coma under the unjust censure of attetuptin elevate our members to pouts of distinction, merely beoMtlae thev are memben of this 1 y, and we have the power There arc gentleman on this floor whom I would gladly place in any high and responsible position, but their eunetitUi I ighet ola mi II I ."> I on them than v.. have, and they have signified their prefer* i ;- ibide by it. .till : That, in rising to submit a few remarks to the Convention upon the proposition under consideration, 1 I to be pi rmittcd to that no feeling in reference to himself personally, had the influence on hieaotiofl here, tf he had ever had any appetite for politwal preferment or high oflicial position, it had long since been appeased. Neither his temperament nor his ta led him to seek Bnch things : that he a member of 1 1 1 i - . i nti'ui. was owing to bo action of his own, hut simplj prinoipli - he had been called on to vicdicat responding with his own, had invaded his peaceful retirement and ■h a sacrifice at his hands, [n opposing, then, the proposition of the gentleman from Jefferson, [Mr. Earnest,] to ex- clude members of thi~ Convention and of the State Legislature from eligibility to the offioe of Deputy to the Southern I Uon, he '>' oed solely by considerations affecting great pub- lic interests, and the honor and dignity id' the State, The - ma seemed to Mr. 11. to justify hw opposition to the plan of confining the election of Depaties to the respective Congressional Districts, presented themselves with additional I a applied to the still farther restriction now proposed. lie ted the first step taken in this direction, because be thought the Convention should allow itself the broa I b oi election; and repudiating mere ideal lines of demarcation, should appropriate the best material, without regard to looality, where- ever it could be found in the State. We arc < ngaged lure in no k, in > ordinary adventure; bul States and Nations waited on our action. While the present called aloud on us for the of the beat faculties with which God had endowed us, the ire no less demanded that we should look well to the instru- cts we propose to employ to reconstruct the fabric intended to ihelter and protect posterity, He was afraid that gentlemen wen taking too narrow a i iew of the great duty before them. Be knew the difficulty of breaking tip old habits of thought, and going out channels along which we have been accustomed to glide smooth - ly ; but new circumstances ought to inspire new ideas. Tl pe times for resorting to mere routine, to continue to do now what we had always dune, simply because there were some who might expect it, and who perhaps bud already trimmed their little sails iteh any popular breeze that might be passing by. For hi- THE CONVENTION OF ALABAMA. 1 55 part, said Mr. B., he desired the largest liberty on this subject. He was nut particular about lines of latitude ; it' lie could not find the right man in South Alabama bo 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 positron, and did not wish to be sou- lit by them — in no other way could this Con- vention vindicate its own dignity, and at the same time do its duty to the people and the State. Mr. IS. 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, ami the laws of the States, to elect members of Congress from the districts in which they resided, yetsuch limi- tation was now strictly legitimate; and it would have been allow- able 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, lie [Mr. B.] remembered one memorabl easion at least, on which this was done; when the distinguished Wm. B. Giles, Of Virginia, was taken up by the people and elect- ed a member of Congress in a district far removed from that in which he resided; and yet. we are told we shall be removing Our- selves too far from the people in this election unless we give then: a member from each Congressional District. Mr. President, said Mr. !>.. my experience has taught me that the people, when let alone, are often more capable of taking elevated views of public af- fairs than their agents. It was so in the case of the election Mr. Giles, and if they could speak to us to-day it would be so now. 15ut much, said Mr. 15., as he was opposed to being tied down to these Congressional District-, he was still more opposed to the additional restriction proposed to be placed upon the Convention by the gentleman from Jeff rson. And here he was sorry to dif- fer so radically with his friend from Tuskaloosa. [Mr. Jemi.-nu. for whose fine practical talents he entertained the highest rej] and with whose views he had very often concurred during the sit- ting- of this Convention. That gentleman had said it was a prin- ciple with him, iand no man was more pertinacious in adhering to I principle.) that DO deliberative OT legislative body should re- serve to itself to till offices, which the body itself had created — Now, sir. said Mr. 15 , B I rule this may be a good one, bur who would insist in it- universal a]. plication .' This post of Depuf. is not an office of profit ; it is not one that can be ranked under 166 HISTORY AM. Of the bead of frorernmental patronage; it id not one thai if will be Deccsaarj to fill at stated regular periods — leading to th«t »ui1 of bargaining and huckstering thai we sometimes see in public bo* ili< b ; but it i- one thai grows oat of ■ -n at :i >nl extraordinary i e caaion, sol likely boob to recur. ;niil presenting no analogy in any nt' its features to what we ordinarily denominate public office. Why. then, seek tu apply a rigid prinoiple ti> an exceptional eas< It would be remembered that before the accession of Geo. Jack- to the Presidency, be enunciated the doctrine, thai in dispens- ing the patronage of the Government, it should be done (.■ the ex- clusion of members of Congress from all the offices of the country. The theory Beemed to be uni xceptionuble, looking as i diif! like a sort of check to that tendency to management and corruption that marked the times. I!ut do sooner had Gen. Jackson reached the chair of State than he was the first to violute his own pnnviple. 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 qouUfied to Bllit the purpose in View, whether the) wire found in it '>ni of Congress. That is precisely what, we ought lo do here. Lei as put off these unwise trammels, ami take tor our Deputies our best and aldest men wherever we can find them Mr. 1) said that . did not know how others felt on this subject, but for himself, when he looke I around and saw South Carolina selecting her best men for the a >- preaching Congress — when he reflected that Georgiu, whose pride it was to be first among the foremost in the great movements of the d.iv, would unquestionably send to that body her wisest and truest statesmen — when other States all around us might hi' ex- pected to pursue a similar course — he should feel mortified and humiliated at the spectacle, if our own State, with abundant ma- terial out of which to make a most creditable selection, should eon- tent herself by sending inferior men to this important body; and dwarf herself down to mere mediocrity, when she ought to pre- sent 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 und bright- est 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 hest consult the honor as well as the interests of the people. Mr. Yancih said : Mr. President — 1 am opposed to the proposition of the geiitle- iiian from Jefferson upon principle. In its practical operation 1 have not the least interest. 1 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 depu- ties to the Southern Contention, and that for reasons satisfactory to myself if not to them, I have positively declined to have tn\ name considered in thai 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 prin- ciple, and not as upon selfish considerations. The Southern Congress will be composed of deputies repre- senting the people of Alabama, elected by this body. The people have a righl 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 ; s true, but still it will l>c a 168 tOSTOItl and tttBATM OF rriction to a particular class of the people< Besides, that ob- jection, there is another : it will be a disfranchisement of a portion of tlie people; b small portion it is true, but still a pari of the people; certainly not inferiorto any other part of the Bame num- ber, whether intelligence, ^kill in public affairs, or patriotism is con- sidered. Thai thi- pari ofthe people thai will be disfranchised — thus forbidden t.> aspire t<> this high trust, loses none of its impor- ts, in that connection, When it is considered thai the people 'i;t\.- heretofore selected them .-is worth} of their confidence and trust. They number two hundred and thirty-three, and have each and all received the Stamps of public approval, <>n the very whieh will yet agitate the public mind. The great fundamental principle, lying at the foundation of all our institutions, is equality ofcitizi ns in our State, and its antag- onistic principles. The recognition <>i" pri\ II*- i_r< • < I classes, has ever mel with universal condemnation. That equality of citizen* ship would I"' grossly violated by the adoption of this amend- ment. No matter what course delegates may individually take in making their selection, Ie1 us not mar tun- records by placing up6n them such a declaration. Mi;. ¥eLVERTON -aid : .1//-. President — It is perhaps proper that I should mention that I did at iir-.t favor this resolution, believing thai deliberative bodies should not create offices for themselves; and without looking al the question in any other light! so expressed, myself to some of the members of this body. Bui an examination pf this question has satisfied me thai the object soughl to be accomplish- ed Ky this resolution is not consistent with this view of the subject. I am stid free to maintain m\ own position and approve, withal! my heart, the general principle of this resolution. Hut I am n.oy satisfied thai this proposition is full of mischief, leveled at certain ;/■ nih mi ,i. or perhaps al a a rtain <• made by the Convention, and the places to be idled are of such \ast magnitude, that tiny are placed beyond the reach of ordinary rules, and ordinary considerations : and the men should not b< lected from mere favoritism. 1 was tor separate State action first, and for the formation of a Lfreat Southern Confederacy next rand for everything necessary to accomplish these great purposes. The people, 1 have the honor to represent, were openly and boldly for these things. As their standard-bearer. l>.\ unanimous choice of their own, with these purposes plainly inscribed upon their banner I took it and bore THE COXVKXTIOX OF ALABAMA. 151) jt aloft over a field warmly contested. I paid my devotion to it. in open and free discussion, taking issue wiih Union, cooperation .and submission, in all its forms and places. I was sent here to honor, not to dishonor it : the first 1 will do by being tevte ; ; ts principles, and to its (rue men : the last I will never do. F proudly join my voice and action with those of the gallanl 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. 1 ask to make this appeal the more impressive. because of the decided manifestation for its adoption. 1 make h in good faith, and under the impression that others as well as myself have. mistaken the object of the resolution. 1 shall ex- empt the gentleman who introduced tins resolutfon from the im- putation 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 ea cautious way ; 1 may indulge the belief as to them, that they arc DOt, to say the least of it, prompted by a very great desire to ad- vance the claims of gentlemen, who have been the most promi- nent in the Secession movement. I could perhaps charge that some men. who were not themselves qualified for seats in the Si h,' hern < '■ ingress, would aid to crush others, who had the quali- fication. 1 mighl use stronger language, and say, that aver}' dis- tinguished gentleman was most eminently qualified, and that the object, was to victimize hltn>. I am opposed, Mr. President, to lend myself directly or iicli- >vcth to such a warfare; and if my suspicions be well-founded,, the act would be in utter violation of my own sense, of propriety. 1 would be the last to desert the man who has labored most to make Secession prominent. Sir, I not only believe it to he right; but I believe it to be the only remedy — the only passjport from -alage to freedom. The resolution, viewed in any aspect, is •ripiive, and unjust on that account. TheState has a, perfect right to call into active service the ablest and truest men; and \\" should keep an eye to the service, and the effect of the service; and in no event proscribe gentlemen because they have been hon- ored with the confidence of the people. We may yet be told that in such men the people bad the greater confidence. ilution is softened by the amendment proposed by the honora- ble gentleman from Perry, (the President of tic < invention,) but i am for an open field, \'rrr competition, free choice, and the itcst amount «>f ability and experience, along with the / to the service and the principle. Jt' secessionists believe 160 mstoBi uid ■ or lutioa is to prevent them front sustaining one or mon and gallant men in ibis body, and the Legists- . who have labored gloriously and succ< sslvely lor tfa rt.iitil v do themselves great injustice, do vi<»lei constituency, and deal oppres their uwi vorites hy voting with 1 1 1 • • i r enema - heir friei so p: ■ '• fbs the moat eminent ability in tl i«i be employed in this arduous and exalted - thai if there is evenadoubl as-tothepropriei . solution we should reject i ; . Wo ought to move with abundant caution and oircum- tion. I think it equally clear, thai we should nol give prefc they are members of the Convention orthe Legislative body. Mr. President,l warn tin- Convention to bo on its guard. I .1111 in favor of acting out openly and boldly, and I'm - taking buy ..II responsibilities in a direct way. No harm can result from rejecting the Resolution. We are now covered up in si • To this I have been, and am opposed, for the reason ! believe thai the people, whose rights, interests, ami soi have a perfect right to Bee, hear, and knoyt all uc dofot them, ami in their name. They may sa} thai they 1 have protested against bucd action it' thej ».•« »ul I have had oa. Vote for, and adopt this Resolution; proscribe your friends, including leaden and the acknowledged champ of your cause; and then when the light breaks in upon your proceedings, well may outsiders exclaim: u the Convention pre- I darkness rather than light, becaus • of its dr. -.Is were >\ il." 3ir, ore 1 would place myself in that predicament, this right arm should fall from my body. I will n<>t vote fort rule or an expression of opinion. It would work general in- justice a: Ingratitu te. TIi.m other spe© le upon this Resolution, .him' .. ■_;■,■ .• variety of amendm »sod, when Mr. W< i tie- pnvio i. which was sustained; and upon a taken, the Resolution was lost — yeas 46, noes 50. The Convention then proceeded to the election of IV; I'i, election was commenced on the afternoon of Friday, and I on Saturday, ami resulted in the following seleetions; DEP1 Tl Ks FOR THE BTATJ2 AT LABGB. lion. Richard W. Walker, of Lauderdale* lion. Robert II. Smith, of Mobile THE CONVENTION OF ALABAMA. 101 DEPUTIES FOR THE DISTRICTS. 1st. District — Gen, Colin.!. McRae, of Mobile. 2nd. " Hon. John Gill Shorrer, of Harbour. 3rd. '• " W. P. Chilton, of Montgomery. It!,. " « S. F. Hale, of Greene, 5th. " " David l\ Lewis, of Lawrence. 6th. " Dr. Thos. Fearn. of Madison. 7th. " Hon. J. L. M. Curry, of Talladega. THIRTEENTH DAY— JANUARY TWENTY-FIRST. A Tier 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 Commit- tee on the Constitution, to appoint a Council of State. Mr. Siiortri doe offered the following amendment : " Whose duty it shall be, when (required by the Governor, to adviso 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.'' Mk. 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 : fir-t, to afford the, Governor that assistance which he required in the altered state of oar affairs, by giving him a Couo- •i! witli whom he could advice and consult, in ea-es of doubt and difficulty, and at the same lime would relieve him of mm h of the actual labor now incident to his oftce. Secondly, it was intended, ;hat while the labors q hi- oftoe were lessened, the Qtovernor should be held to t>e full measure of si I his responsibilities. Ho ■ select his counsellors, and be accountable for hi- and their conduct. The amendment proposed bi the gentleman looks to a !()•» IllSTuKV AM> I)i:it.VTE8 OF division of responsibilities between the Governor ami bis counsel- the result of which would be unfortunate. Mh. SiKiHTiuixii: replied : The proposition, Mr. 1 'resident, which emanated from me, It a copy from the Ordinance adopted by South Carolina, on a subject identical with tbe Ordinance now under consideration. So far from complicating the matter, as argued by the gentleman from Wilcox [Mr. Heck], 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 consul- tations; and, finally, the Governor shall decide on bis own action. It occurs to me that it is wise and prudent that a record of tho proceedings of the Council should be kept; and it is not le- thal the Governor should at last decide upon his owu action, and be responsible to the country for that action. I can assure the gentleman from Wileox, that the proposed amendment is not, as he intimates, intended to embarrass the pas- Bage 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 amend- ment. Public pood demands the establishment of a Council; and the sooner the want is met the better. At the same time, how- ever, I prefer to adopt the safeguards which have been thrown around it by the Convention of South Carolina. It is a good ex- ample, and those who follow will not greatly err in a crisis like this. Mr. BAKSB, of Kussell, said: We will probably have no use for this Council. The Governor will soon 1)0 surrounded by advisers, lie 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 Stale is now at the service of tbe 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 ad- vice 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 baste, a Military Board. The military department will eoon be in existence, and in active operation. It will be a part of THE CONVENTION OF ALABAMA. 103 the Government; and the Governor and his Council, if he had one, would be compelled to yield, at last, to the edicts of the lead- ers of the military department, If 1 thought that Alabama would remain separate from the Other States, in her independent capacity, 1 might favor this mea- sure. 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 what- ever for this "CoTJNCIt Of Statk." The Governor will have the very best advice, Without the creation of this new institution. Then, if there is no necessity foT 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, ami 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 se- ceded 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 he calculated to alarm the people. Mr. Williamson said : That he could not agree with the gentleman from llussell [Mr. IJakerj. 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 sous should be called into Council. This request reflects great credit on the modesty as well as the wisdom of ihe Governor. The Council should be es- tablished. It is not contemplated that this institution should be permanent, but only for the time being. The Governor will use them only so Ion- as it may lie important for the State. This debate was continued for some time by Messrs. Cochran, Webb, Yancey, and others. Win n. upon a vote being taken, the Ordinance was defeated, Ayes 40 — noes ~.i\L. 10 I nisioUY AND DBBATSS 01 FOUBTEENTH DAY— JANUARY y.WENTY-SB OND OPEH SESS] »N. Mb. Daboan, from the Committee oti Foreign R . made the following reporl oil an Ordin mce referr -I to the Committee fur the prohibition of the African Slave Trade: Mi. President — Your Committee to whom was referred dinanoe to prohibit the introduction into the State of Alaban slaves, not born or held to Bervice in any one of the slave States of North America, have had the same under consideration, and have instructed me to reporl thai the power to regulate or pro- hibit the Foreign Slave Trade will more properly belong to the Confederacy of the Southern Slaveholding States, when formed, than to any single State, and the) believe this power will I sumed and e.xei'eis-d !>y 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 Urdinance upon the subject, and to ask that the same be adopted. Mk. Downm.i, moved to print 200 copies, and make it the spe- cial order for Thursday next, at 1! o'clock. A. M.. which was carried. Ali;. Jkmison made the following report : The Joint Committee on the part of the two Houses of the Gen- eral 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, instinct me to report, that it is understood and agreed between the said Com- mittee representing the General Assemblyj and the committee representing this Convention, that the action of the latter body, shall henceforth he confined t<> such changes in the organic law of the State, as may he 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 Legisla- tion will he left to the General Assembly. R. JEMISON, dr.. Chairman, oil the part of the Convention. EL C. HILLOCK, on part of the Senate. s. F. RICE, on part of the House of Representatives, ["HE CONVKNTIOX OP ALABAMA. 165 INSTRUCTIONS TO SENATORS AND REPRESEN. TATlVES. Mi;. Darg an, from the Committee on Foreign Belationa, re- ported as follows : Your Cotnmitte to whom were referred certain resolutions, adopted by many <»f theSouthern Senators and members of the House of Representatives of the Congress of the tJnited States. have had the same under consideration. They believe that the Ordinance of Secession adopted by tlie people of the State of Ala- bama, severs completely all the connexion between the State of Alabama, and the' Government of the United States. That Che State of Alabama is no longar entitled to, and ought not to be represented in the Congress of the I nited 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 inform- ed that the State of Alabama is not entitled to and ought not to lie represented in the Congress of the United States, as one of said United States. The report of the Committee was concurred in and the resolu- tion adopted. [For Senator Clay's speech upon withdrawing from the Senate, see Appendix.] COMMISSION TO WASHINGTON. Hk, Darq an, Chairman of the Committee on Foreign Rela- tions reported resolutions to authorize the Governor to appoint two Commissioners to proceed to Washington City. M a. Shortkidgi enquired : Does this resolution emanate from the Committee, or is it an independent proposition of the gentleman from Mobile.? — [Mr. I )argan. ) MR. J ) Alili \N replied : The subject was discussed in < ommittee, and I drew up this as what I supposed to be the sense of the Committee, but 1 did not read it to the Committee, nor take a vote on it. ll'.r. HISTORY AND DEBATES OF Mr. Jkmisom Baid : Thru. Mr. President, it is out of order^ tor it is not in the legitimate line of a Committee's chit v to originate business. _M k. W \t-is said : I differ with the gentleman frqm Tuscaloosa, | Mr. i\ tnison.] What is the use of Committees if they m&) not originate bush ness '. It is true, that usage has adopted a en-tain degree of ft* malitv by which business is brought to the attention of Commit* tees. But these formalities are nol esssential; they have nol ma- tured into absolute rules. The) are often inconvenient, and if followed strictly, produce greal delays and vexations; Instead of facilitating they retard business^ and cramp the action*, not onl 3 ..I' 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. Mb. Clk.mkns said : [do riot favor this resolution. Thereisno n cessity for it. Shall we reenact the farce, which has made the State of South Carolinii rediculous? Shall wesend 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? Nfo, Sir. Let the Gov- ernment at Washington send Commissioners tp us. I do nol 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. Me. 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 nol hound to appoint Com missionei's immediately. It may or may not be necessary to send Commissioners. But 1 am not prepared to admit that even the South Carolina Commissioner, Mr. Hayne, did no good bj his visit to Washington. Mr. Hayne's Commission was not with- out its good effects, as will be seen from the correspondence which I read, [here Mr. D. read the correspondence touching Mr. Hayne's interview with President Buchanan.] Mb. Smith, of Tuscaloosa, moved to strike oui "two" and in- sert "one." THE CONVENTION' OF ALABAMA. 1('»7 Mb. Smith said : Mr. President — I prefer that there should be but one Com- missioner. 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 re- spect as one; because the more you concentrate honor, the bright- eritis; themoreyou concentrate authority, the more potent it is. Besides, men do not like to di\ide their laurels; men do nut cafe to toil for honors unless the;, have a fair prospecl 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 l>\ 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' coun- cils will not be divided. lie has no body to pull him back, there- fore he goes forward, lie has nobody to lean upon, therefore he depends upon himself, lie has nqbody 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 a> those with which we are now surrounded, *we are too apt to feel and speak contemptuously of money matters : hut true econo- my is a jewed wherever found. Extravagance of Government is the crying evi\ 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. < »ne M mister the less to Washington will give us another for a more important place. Mi;. ShoeteIDGE said : That hi' di«l not wish to be misunderstood. 'When he inquired whether or not the proposition was one directly from the ( 'om- mittee, 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. 1G8 III8T0RY AM) DKDATES OF Mi;. Blub, Concurring with the gentleman from Madison, [Mr, Clemens] and believing that there is no serious necissity for the official pro- posed thus to be created, mo veil to lay die resolution on the table. Ma. 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 herpolicy it' need be for the future. Com- missioners should be sent to inform the Government at Washing- ton officially, that we have seceded ; to propose terms of negotia- tion, 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. The} 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 recogni- tion 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 at- tended to at once. It is nothing to us whether the Government at Washington re- fused to receive the Commissioners from South Carolina, or not : that refusal is no insult to us, and we should not so regard it. Wc 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 Govern- ment at Washington, but we should court alliances of peace with all the world. .Mi;. Webb said : Are wc prepared to recognise the United States as a Gov THE CONVENTION OF ALABAMA. 16i> eminent? Certainly. The effect of the Ordinance of Secession is not to abrogate the United States Government. The with- drawal of a State does not necessarily destroy the Government of the United States. Alabama stands precisely toward the Govern- ment 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 ad- mitted 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 Malama, 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 objec- tion, and 1 shall therefore vote for the resolution. Mr. Wiiati.ey said : Mr. President — It is contended by gentlemen that we should not send a Commissioner to Washington, for the reason that the Oovernment at Washington has refused to receive the South Caro- lina Commissioners, and therefore we are absolved from all obliga- tions 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 distin- t'mguished citizens, yet, sir, even at this time, the State of South Carolina has her Commissioner there. I read from the " Montgom- ery Mail," of this morning, that Mr. Hayne is there, making his propositions, and that matters are more pacific Hut, sir, if we admit, for the sake of the argument, that the Smith 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 Govcrn- ments, that we shall not be responsible for .w dirt a calamity. It is our duty to hold out the olive branch of peace — to offer to ne- gotiate 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. 1-2 K'i > and r>Kn.m:s or True, Mr, we bave taken the fotti and arsenals within the State of Alabama; bul we hare not taken them ae ■ robber or a I . r. We have eeiied the L'uns leaf they should be turned igainal us, aid become the inatrasnenta of our own destraetion. We had a ri^ht to take them j we arc a retiring partner from Un- common partnership, ami we have a right to 1ml. i the assets in our — i < -ii until the iinal settlement, particularly when we have not obtained our full share. Mr. President, we arc ready t -account, ami we should send on oat Oommieeioner, clothed with full power, to make the settlement, and briuj; about an amicable adjustment. Bat should the Govern* ■ at Washington refuse to treat, we i ju j ■■ - them tli tponsibitity of rejecting our Commissioner, Mi:. \\ ii.i.iam.miN said : I think the amendment offered by the gentleman from 1 a [ Mr. Smith |, should be accepted, and the < Ordinance adopted Commissioner can accomplish everything that can be acl plished by two or more. As to the expense, I admit we should one eye, at least, on the treasury; husband our resources and prepare for the worst. Bat, sir, under the provisions of the Or- dinance the expense of sending one Commissioner to Washing- ton is i mere trifle. It has been urged, as an objection, ly eral gentlemen, that if we Bhould send a Commissioner, he will not be received in his official capacity. Suppose he Bhould not, we, at least, will have done our duty by having show n tfa ll we an ly to coim? to a fair settlement-— thereby placing it out of the power of our enemies to slander us by Baying we were seizing could lay <>ur hands on, ami refusing to account for anything. Inns far the honor of Alabama is untarnished. Her motto. "Good Faith and Fair Dealing)" Should be strictly ad Uered to by this Convention: as it will be vindicated, protect ad defended by bej sens, if need be, on the tented held. Mu. Yami;', Bsid '• Thai be concurred with his aolleagoe as to the propriety of eii- tering into negotiations, and having these questions equitably and ►eably settled. He also concurred with him >" the opinion that the Government at Washington was a Government de faoto, with which we could negotiate. I believe, however, that it is not a Government dt /tare. 1 cannot vote for the resolution, however, for several reasons, the chief of which is that, on the 4th of Feb- THE CONVENTION OK ALABAMA. 171 ruary, a Convention of the seceding States will assemble ; and that Convention will have jurisdiction over the whole question, and will lie 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 Governmental 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. p6ssessed herself of all the other forts, yet Fort Sumter over- looked and commanded them all. South Carolina then sent Com- missioners 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 Caro- lina, and referred their communications to Congress. The second Commissioner sent to Washington by that State, according to the beal information we have, was to obtain the withdrawal of the Unit I Sta troops from Fort Sumter. The President has re- fused to receive him, a-* a Commissioner, and the telegraph informs us that Col. Hay no has returned to Charleston. Now, Mr. President, Alabama occupies an entirely different po- sition. There is no such military exigency now pressing on Ala- bama, 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 negotia« Bat in less than two weeks there is every possibility that the Convention will assemble here that will represent all the inter* >f tli" seceding States in this property, and in like property in all of those Sta - That Convention then will embody the representation of all in- sta in the property oatside of the Federal Union, and will tale jurisdiction of the question, and doubtit tiate with the Governmental Washington upon the subject In the event that this resolution passes, your Commit might be found to have progressed in his negotiation, and agrei d upon the basis of negotiation, and have nearly completed his la- - : and at that point should a Commissioner from the Southern 172 HISTORY AND DKBATK8 OF Confederacy arrive in Washington to negotiate on the subject! it would he found, perhaps, that the Alabama Commissioner had proceeded upon the basis that hi^; State Mas alone interested, and bad Otherwise so complicated the whole matter, a-; to render a satisfactory solution difficult, if not impossihle. 1 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, hut 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 Stoics 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 he claimed by us; aud if the sword is drawn, may be retained by the sword. Hut if wc 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. nego- tiation through the Federal authority of the Southern Confederacy. Mr. Jemisos said : < lentlemen speak contemptuously ofcrpc/iscs. Wemav sothink and SO speak here, but the people will think of expenses. There; is an old saying that " many micklea moke a mucklf" 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 Flor- ida; they might as well be in the .Moon, at present, for all prac- ticable purposes. The expense of a measure is, ot course, a secondary consideration, when that measure is an absolute neces- sity, or even when good sense and wisdom seem to favor it. But in this case there seems to me to be not the slightest neces- sity. 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 deliber- ation. 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. THE CONVENTION OF ALABAMA. 173 It seems to nie there is no more propriety or necessity in pur sending a Commissioner to Washington now, than in sending of]' Ministers to all the other Courts in Christendom. The amendment of the gentleman from Tuscaloosa [Mi-. 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. Ma. 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 oh parchment, in pursuance of a Resolution, have instructed me to make this supplemental Report — Thai a copy of said Ordinance, written with indelible ink by M r. Joseph B. ( So6de,of Montgomery, has been furnished the( Som- mittee. which being a neat and correct copy of said Ordinance, they recommend that this copy be adopted as tin- original, and tiled iii the office oi 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. Ht 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 parch- ment the Ordinance of Secession, as adopted on the 11th Janu- ary, 1801. Resolved, That this Convention hereby lenders 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 cir- eumstances would admit) a perfect specimen of Penmanship* Upon motion, th •• report was concurred in. and the Resolu- tions adopted. And, mi motion, the Convention adjourned till 10, A. M. to morrow. 174 HISTORY AND DEBATES OF FIFTEENTH DAY-JANUARY TWENTY-THIRD. Mij. Dowdsli asked a suspension of the Rules, to offer the following Resolution : Resolve/?, 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. N < .1 granted. Mic ( iii.cuitisT. Chairman of the Gommfttee on Foreign Rela- tions, 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 re- port ihc accompanying Ordinance, and recommend its adoption as a Substitute for the one referred : CONFISCATION OK V\U >l»ERTY. lie it Ordained by the people df Alabama in Convention as- sembled. 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 t<> the contrary notwithstanding. THE CONVEXTIOX OF ALABAUA. 175 Mr. Shortridor 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 Confede- racy. Mi;. ( ociikan- moved to lay the whole matter on the table, ■jui withdrew his motion to enable Mr. Comsmam to offer (he following; Be ii ordained by the people of Alabama in Convention as- pmbled, That the collection by law of any and all Debts due, to ritizens of non-slaveholding States which have passed "Personal Libert) Bills," or tendered aid to the General Government to n e a seceding State, be suspended for nine months. Mr. Watts said: The original Ordinance which was referred to the Committee undertakes bom to confiscate the property within tfte borders of Alabama, belonging to the citizens of anv of the Liberty-Bill states. Ihe 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. Mi:. Siiortridge said : Mr. President— h occurs to me -die Ordinance reported by the v hairman of the Judiciary does not meet the question boldly and fully. Ihe Legislature of New-York, as we are officialh informed, has actually tendered to the Government at Washing- ton ten millions of money, to aid in the attempt to subjucrafe the seceding States. It is understood that Massachusetts, Maine and Ohio, and perhaps other Northern States, have adopted sim- ilar coercive measures. This action on the part of those States amounts to n declaration of war on Alabama. It, therefore be- 176 BISTORT AND DKHATE.S OV comes this Convention, if it would preserve its own dignity and the honor of tin- State, to meet this hostile legislation in the raosl emphatio and decided manner. This is done, it seems to me, in the first section of the Ordinance 1 bad the honor to intro- duce. It provides that the doors of our Courts shall be closed against the collection of such debts as ma) be due from our citi- zens to citizens of such States as have assumed this warlike atti- tude, or have passed the so-called Liberty Bills, or have judicially denied the right of transit, to persoas 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. Whilsl I do not propose to violate the law of nations, I insist that, tinder '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 ene- mies 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. 1 wish the Convention to act on things already developed, and to act promptly. 1 wish to let the States of the North know that we are willing to meet the issue which they have presented. 1 wish them to know that so long as the obnoxious laws remain unrepealed, and the. hostile judicial decisions remain in force, to which 1 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 pro- ; ions of the first section. This was deemed necessary to give :'ir 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 BUggestive than otherwise, in the hope that wiser and abler heads than mine, after examina- tion and reflection, would aid in bringing it as near perfection as may be. CHE CONVENTION OF ALABAMA. 177 Jt will also be perceived that it is contemplated to leave the Bubject, by my Ordinance, ultimately in the hands of the Legis- lature. But now is the time fop 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 (ear 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. 1 see no great difference in principle between the original Ordinance and that reported by the Com- mittee. I am, therefore, indifferent whether they are adopted imir by the Convention or not. It may he time enough when hostilities have commenced, to proceed to the extreme of eon- fiscal ion. Mr. Jones, of Lauderdale, said : Mr. Preaidmt — The substitute of the gentleman from Mont- gomery, (Mr. Watts,) proposes to confiscate all debts due by the citizens of Alabama to citizens of the Northern States at war with this .State. 1 must confess, sir, that I did not like the propo- sition when it was first read at your Clerk's table, nor was my dis- like at all removed by the remarks of the mover of the substi- tute under consideration. 1 am opposed, sir, to every descrip- tion of robbery. But when it is proposed to inaugurate a new Republic by perpetrating a flagrant outrage upon our just credit- tors, 1 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 ene- mies of Alabama? If I do not greatly misunderstand the law, whenever a government declares war upon Alabama, every citi- zen of that Government, whatever may be his private opinions. becomes ed inatanti 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 tlie lav' 1 (which is only a honeyed phrase t'or invasion and subjugation.) then the merchant of New York City becomes, by the legal construction of this amendment, tie- enemj 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 homo in defense of our property. This amendment, then, proposes to do what 1 believe a great wrong. It is not only wrong in mor- als, but it is charly contrary to sound policy. I think I may safely say that nineteen-tweutieths of the. debt of Alabama, due to the North is due to our political friends. 178 IHSTOKY AND DERATES OF Indeed, it is no great compliment to Southern merchants to suppose that they nave traded to any extent with the enemies of Southern Institutions; ami 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 Abo- lition army, that would invade, to coerce at, and thus involve us in an unnatural fratracida] war. These Northern men have a deep merit in preserving peace. They are men of Commerce ; and Commerce never fails to ele- vate 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. ■ml acknowledged and defended our equality. Ttaey 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 pros- perity, the very civilization of the age depends. Then, sir. for years these merchants have carried on an exten- sive 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. imcoiTiipted integrity. Then, let our honor be sustained — let these debts be paid to the last farthing. But if this sub- stitute 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 pre- cipitate. 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 front 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. 1 hope the Convention will place the seal of its disapprobation both on the Ordinance and amendment, that, standing, as per- haps 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 uf, wii!l not at the outset demoralize our people by the perpetra- tion of an act, which public necessity does not demand, and sound morality cannot justify. THE CONVENTION OF ALABAMA. 179 Mr. Smith, of Tuscaloosa, said: Mr. President — The subject ot' 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 a*cf of confiscation, by the war-making power of a State, is regarded, am'ongsl 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 po- litical enemy merely, nor of one that may hereafter become an enemy. Some States, of a tyrannical power, exercise the right of con- fiscating the property i^ their own citizens, for treasons and other offences; but the Question raised here lias reference only to the confiscation of the property of the State's enemies. Sir. I maintain, that, in a bclligerant sense, we have no enemies. And 1 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 ne- cessity for this action yet. Do youwish to provoke retaliations? Set the example here, and your own citizens who own property at the North will lie the first to suffer; for m matters of money And property, the people of the North arc amply able to protect themselves; and they arc proverbially as keen and sagacious in their apprehensions as they are quick in the exercise of their re- sources. Mr. Watts: If the gentleman from Tuscaloosa, [Mr. Smith,] will read the Ordinance, he will sec that he docs 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 in- tention 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 exer- ] v " rOB) KM' DIBATK4 Of : except in case of actual war. or until hostilities shall have been commenced. The gentleman from Lauderdale, [Mr. Jones] has the true con- ception of this subject He histoid vim tli;it tlii> 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, uur friend* carried the polls by nearly forty thousand votes! In the State lit' New Fork, in tin- same election, wo were defeated by less than forty thousand majority. We have in the State of New York, «i 18.0UO voting friends — nearly hull' the Stale — nearly enough voting friends to make four States as populous :is Alabama! Ami it should not lie forgotten that, in the city of New York, where our friends are forty thousand majority, is due the hulk of the Suuthcru debt, and due to our friends. This debt might he confiscated, under the power you propose to confer upon the Leg- islature, by this Ordinance. In connection with the idea of the number of our friends in New York, 1 will refer to another Subject: A lew 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 appro- priation of 10, 000,000 of dollars, for the unholy purpose of co- ercing the seceding States. I was not surprised at the feeling »f indignation that seised the Convention, when the subjeot of the Resolutions was disclosed. 1 was not surprised that the reading of the execrable document was brought suddenly to a dose, 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. Bat notwithstanding the hostile character of the docu- ment; in our more qutel an I reflecting moments, we cannot forget that those Resolutions expressed but the opinions of a dominant majority; an accidental power, which in a Bingle 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 uow 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. Tho THE CONVENTION OF ALABAMA. 181 question arises, then, shall we destroy our friends? Shall we east off those whose past conduct and present inclinations evince a sin- cere regard for our rights? Iu this moment of indignant excite- ment, let us not depart from the true policy pointed out by enlight- ened deliberation. Sir, in every act, here we ought to look towards the preserva- tion 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 (Jeueral Gov- ernment. 1 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 jus- tice; and that they will there yield to our reasonable demands. I have faith in this Revolution. For the first time, during the ex- istence 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 lo.-es 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 L 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 »my be a Reconstruction of the Government. I pray for the day that may bring with it a redress of our grievan- ce-; indemnity for the past; complete and unequivocal guarantees for the future. Sir, we arc 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 "pence, 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. Rut I would hold the Olive Branch aboVe the Sword, until honor and safety should ad- vise the sad alternative of war. Mn. < i akkk. of Marengo, said : From tin- reading of tin- Ordinance, it appear- that we but con- fer a power on the Legislature to be'exefcised 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 oul in times of war. The arguments of the gentlemen do not Peach the Reporl and ( >rdi- |82 UI8TORI AND DKIIATES OF nance, but <'iii f the power UlAV . se before hostilities are commenced. The I islature could do nothing, under this Ordinance, exccpi persons whose Government might bsal war with us at the timi the exercise of this power. I do not adopl ili«' dug ntlemcn as to the friendl) feelings of the people oftbe North. Gen. Sanford has already tendered his services, and the services of Regiments of men, t<> the Federal Grovernment. Hie New Vfork Legislature has ap- propriated ten millions of dollars for the military use "t" the Gen- oral Grovernment ! God save ih from such friends. That the Southern debt h large, need nol be denied. Then no \\ isli nor intention to avoid the payment of this debt. Everj creditor who would paj without 1 1 »i -^ law would pay with it. In actual war the debt would necessarily be suspended and the ereri- itor dela) ed. But then ia another view v of this subject. Gentlemen wish to rve peace. 1 regard this as a peace measure. If the North cm peopl ttached to money as they are said to be, ma) not the rery ides of the confiscation of this debt, as a necessan consequence of hostilities, keepdow a war .' There arc more wa) b than one to keep pi ace. Harsh rueaaun -• are sometimes ne< i ry to keep peace. Peace must be sometimes conquered. It often requires armies moving with threatening I und assuming hostile attitod T peace. Prospective dangers promote peai This ' Ordinance, if adopted, will injure no man ; but th will be reminded b) it of o,ne of the ojire consequences of war, and this ma) have its effect towards the preservation of peace. Mi;. Lev The chief objection to this Ordinance, in mj mind, is thai it i to the Legislature a power and authority which ought not t<. be held by anj but the war-making power. The power to con- fiscate property is an incident of war. The Legislature pf the Stat.- has ao] the \\ ar-inak i i ilt power. I am disposed to give it such power temporarily. This power at present, s.i for as Alabama is oonceraed, can reside no w here except in this ( invention. 'I be Stato have surrendered it to the General < rovernment. That ( rov- ernment lodged it and restrained it in the Congress. Wehavere- sumedit — but we havenot yet prescribed the odode bj which it is to be exercised. This war-making power, If the expectations of the people should THE CONVBTSTIOTT OF ALABAMA. 183 be realized, will be lodged in its appropriate place — in the Con- gress of the Confederacy, (or whose speedy construction we have made provision. Mr. Morgan said: This matter had better be referred. The Ordinance would nec- essarily be provisional and of short duration — and it ought not to be allowed to interl'e with the more important business, the amend- ments to the ( Constitution of the State. The question being on Mr. Lewis' motion to re-commjt f it was tarried. SIXTEENTH DAY-JANUARY TWENTY-FOl UTU. [IBCEPTION OF TIIL CADETS OF THE UNIVERSITY OF ALABAMA. Mr. Webb, by leave, offered the following preamble and reso- lutions : Whereas, The Corps of Cadets, composed of the students of the University of Alabama, under the command of Col. Hues, have, by authority of the Governor, presented themselves at the Capital of the State, in order that the Representatives of the peo- ple may have some practical knowledge of the operations and et- of the Lav,- of the last Bessioo of the Genera] Assembly of the State, establishing a Military department of the University, and judge of the future usefulness and efficiency of the corps, in the event their Ber Vices should he needed by the State; Resold ,1, jirsf, That a Committee of Three be appointed to act in concert with a Joint Committee of the General Assembly, to make such arrangements for the reception of the Officers ami Corps, and for ascertaining, in such mode a~ they deem bi st, their nrogn ss in military knowledge. '.■ i ./, second, That a copy oft! lutions be presented, by the Secretary of the Convention, to the President of the S and Speaker of the House of Representatives. 184 HISTORY ANii DEBATES "K The resoluti doj ted ; and the President appointed, on the Comu i the part of the Convention, Messrs. Webbi oa mi 1 Shortridge. Message from the Floose of Representatives, delivered by 8. B Brewer, Assistant Clerk of the House of l> EIOI 3E O] R] PUESENTATn I January 24, 1861. j Mr. I'i ' .■ in''- nf — The EIou8e of Representatives, having adopted a similar resolution to that which was <•■ ntained in the coin muni* cation froui your body to the House, relative f" the Corps "f Ca- dets from the University of Alabama, now nreseut ;it the Capital of the Stair, request me to communicate to your body, that they have appointed Messrs. Hale, Tait of Wiluox, and I r by, as th« Committee, on the part of the House of Representatives, to make such arrangements for the reception of the Corps as they may think proper. S. B BREWER, Wist. Clerk I louse Rep. Tin through Mr. Taul, its Secretary, reported, iq i Message to the Convention, that that body had appointed a Com- mittee to act with the Committees from the House of Representa- tives and of the Contention, for the purpose of making arrange- ments for the reception of the Corps of State Cadets under the command of Col. Hues, Messrs. Toulmin, Mclutyre, and Japk- air the Committee on the part of tbe Benate. THE NAVIGATION OF THE MISSISSIPPI RIVER; Mr. JTancey offered a resolution in reference to the navigation of the Mississippi river, and moved its adoption, Mb. Yamiy B&id : That the resolution offered by him was designed to meet a state of public opinion in 1 1 » « * North-Western States, which, based :i* it was upon a misrepresentation us tn Southern views, is to be re- gretted, aii'l \i> be removed if possible. Till; CONVENTION OF ALABAMA. 185 We have a \\'\x intelligent friends in the North-West, who arc embarrassed in their efforts to set our cause in a proper light be- lbre that community, by this very question. I have not the least doubt that it has never been intended by any of the seceding States to shut out the commerce of the States lying on the Mississippi and its branches, from egress through the mouth of that great stream. And I would have that intention expressed by the seceding States. Some restrictions should be laid upon the commerce of the States of the Federal Union passing over t he mouth of the Missis- si|ii. As all who pass over it have the benefit of lights and buoys, necessary to its safe navigation; all such should, of course, pay Bome charge necessary to an equal distribution of these burthen.-. Our peculiar domestic institutions, too, may require some laws bo be observed by foreign citizens navigating said stream, through the seceding States; ami the resolution provides for that policy. I believe, Mr. President, that the policy of the South, of the cotton-growing States, should be to leave Commerce as unrestricted us possible, having reference to our State and Federative necessi- ties. " Tree Trade " should be our motto; and as, in my opinion. these natural and commercial affinities between the South and the great North-West, however unnaturally disturbed by the preval- i nee of certain fanatical ideas there prominent, I believe that it Would be wise for the South to combat tl e fanaticism of the North- West with the more enlarged, aud enlightened and friendly com- mercial policy indicated in my resolution. Offered in a spirit of comity, 1 have no privilege should be offered ex- cept for purposes of protection against a belligerent anil an un- frieodly people; laying such tonnage duties as may be necessary, to keep open and make -,!.■ t!i" navigation of the mouth of said liver. Mr. Smith, of Tuscaloosa, moved to lay both the resolutions on the table, ami print them, and that they lie made the special order for Saturday, 26th January. Lost. 13 E08T0B1 OF SMITH, of Tuscaloosa, said : ■esolutlOD many intcn > t i 1 1 ;_r and important <|Ucs- [ am oot unfriendly to an expression of opinion on this ■abject On the contrary, I think it eminently proper that tin re ■ih< uhl he some action had upon it. 15ut it will 1 1. in looking around the Hall, that there il hardly a qnomm of the tin •. ■ lit : and it is now within lil'te. n niinutt B of the time of our regular adjournment. This is doubtless the reason wh •nany members arc absent. 1 suggest the propriety, and I appeal o the gentleman from Montgomery [Mr. Yancey], that a voee upon the Resolutions be delayed until tomorrow : and if it be agree tide, 1 move to make this proposition the special order of the for to-morrow, at 12 o'clock. [Objections were made]. Mb. Smith — I am determined, ia justice to the absent mem- . that the vote shall not he taken imw. (i< ntlenien know very .veil that, by parliamentary strategy, a vote may he easily pre bed. This course would be perfectly legitimate now. Still 1 would rather not resort to it, and I again request that the question t»c delayed by consent; or 1 shall feel it my duty to move a call of the ('invention, in order that the absent members (nearly half of this body), may have an opportunity of recording their \ iikI of expressing their views on the Resolutions. The gentleman | Mr. Yancey. | has urged, in his argument, the vast importance of the subject, and has even referred to the war aspect of the ques- lion. \ d. -ire to cultivate peaceful relations with the North- most laudable; and tin main difference between my iews and those of the mover of the lie solution-. I appn loud, will .-, that 1 am in favor, at this time, of going much farther, and id' declaring that no obstruction whatever Bhould be thrown in the of the free navigation of the Mississippi river, so far as the States are concerned. liut I will not now make an argument ; ami as the gentlemau hccms determined on having an immediate vote, in order to pre that, I move that the Convention adjourn, and call the ayes i rid noes. The motion to adjourn was lost. The question being on the adoption of the substitute, the syes nid noes were demanded; and pending the call, the hour of I o'clock arrived, and under the rule the Convention stood adjourned jntil 10 o'clock A. M.. to-morrow. THE CONVENTION OP ALABAMA. 187 SEVENTEENTH DAY-JANUARY TWENTY-FIFTH. RECEfPTION OF THE CORPS OF CADETS OFTIIK UNIVERSITY. Ma. Webb, by leave, made a Report from the Joint Committee of the Convention and General Assembly, of the programme of re- ception of the corps of Cadets. The Joint Committee of the Convention and General Assembly, beg leave to report that they have waited upon the Officers and Corps of Cadets of the University of Alabama, now on a visit to the Capitol, and report the following arrangements for their re- ception : The Convention, General Assembly, Governor and other Officers of State, will receive the Alabama Corps of Cadets in front of the Capitol to-day at 12 M., when an address will be delivered by the Speaker of the House of Representatives, and replies by the Offi- cers of the Corps. After which the Corps will be Reviewed by the Governor, and the presiding officers of the Convention and General Assembly; and a Companv or Battalion Drill will be hud. J. 1). WEBB, Chairman of Committee. NAVIGATION OF THE MISSISSI1TI RIVER. The Convention proceeded with the business under consideration when it adjourned yesterday, which was Mr. Yancey's resolution, with pending amendment, upon the subject of the Navigation of the Mississippi. Mb. Smith, of Tuscaloosa, offered the following substitute. coupled with a motion to postpone : 'ved, That in the opinion of this Convention the Naviga- tion of all tht Riven within the lifadtt of the United Sf'i/<<. a.< tht Union Iniili/ existed, ought to be. and remain open and free to the citizens of ail the Stati I which composed the Fnion. Resolved, That in the opinion of this Convention, the system oi Free Tradi , aa it existed between tho said States before the disso- lution of the Union, be and remain ns it was before the dissolution. IRS HISTi'KY AND DEBATES Of MR. V.W t.Y said : That lie oould nnt vote for the nioticii), though desirous of yield- id- :,!l proper courtesy to the peptleman from Tuscaloosa, fMr. Smith,] For the reason, thai it in some measure undermined the Ordinance of Secession. Thai Ordinance separates us, root and branch, from tin- late Federal Union. The resolution of the ■_■ u tlrinaii froui Tuscaloosa, [Mr. Smith,] reconstructs the most mate- terial eh orients < » 1 * the late Union into a Commercial Union. We all know that the Articles of Confederation were Bet aside, simply because each State could obstruct as it pleased commercial rela- tions wi'li its si>ter States. 'Hi'' Union had it- birth in that dif- ficulty, and was based very largely upon its adjustment The reso- lution, then, of the -lent It-man from Tuscaloosa, calls upon this bodj to recede, and adopt the fundamental policy upon which the late Union was based, and give to the Commerce of Maim- and Massachusetts the same privilege upon our navigating rivers, as the eitizens of the seceding States possess, 'I be policy is broad, comprehensive, profound, ami its effects wuuht he a discrimination in fetor of New England Commerce again tit Kuropean Commerce. It would effect extensive privili in favor of 'he eitizens of States now using every effort tu subdue us. against a Commerce that seeks our shares upon liberal and pa- cific pi inciples. 1 move to lay tin' substitute on the table. This motion prevailed. The President announced the next question to he, on Mr. Dow- dell's amendment, and Mr. Yaiice\ accepted it. Mi:. Yam kv's original resolution as amended, reads thus: \Vii!i:i..\s, The Navigation of the Mississippi River is a ques- tion in which several Northern Slates and Southern States, yel in the Federal Union, are . MEEK, Speaker of the House of Representatives. To this, responses were made by Col. Hues and l>r. Gakuanp. The scene, altogether, was a highly interesting one, and indicative of the spirit of the times. This Reception was followed by a Complimentary Ball to the Cadet-, _-ivcn by the citizens of Montgomery. The friends of the State and of the University had greal to congratulate themselves on the handsome appearance and the admirable demeanor of the young gentlemen composing this Corps, during their stay at the Capitol. \ll» TO Tin: SECEDING STATES AGAINST COERCION. Mb. Cm. i. man called up his resolution offered heretofore on the 12th January, 1861, aa follows : !!>0 HISTORY AND DEllATES OF " /,'. >■■./.-. ./. By the people of Alabama in Convention assembled, that they pledge the power of this State, to aid in resisting any attempt upon the j.:ir t of the Government of the United States ■•! knv riea, to invade of coerce any of the seceding St it Mi: Baki a, of Barbour, offered to amend by inser ting after the word "seceding" and before the word " 8tates," the word sla holding, which was aeoepb d, Mr. Com Alt offered to amend bj adding the following: Pro tided such Becedin 3l or Si -.arc not averse to entering into a Southern Confederacy, based upon the principles of the Federal Constitution. Ma, Dowdkll moved to strike out Mr. Baker's amendment, to- wit : the word •• shareholding.* 1 Mu. Dowobll said : I have made the motion t" strike out the words indicated not without consideration. Tin.- resolutions as originally introduced meet my approbation. As the meat right of a sovereign State bo resume her d< legated powers for reasons satisfactory to herself and for purposes oi safety and liberty, has been asserted, I Bee no ron- ton why Bhonld withheld her sympathy or her power, il neoessary, to aid in the vindication of that right, any other sister State. To much said by my eloquent friend from Barbour, [Mr. Baker,] I give my hearty concurrence. Ami yel \ think his opposition to the motion which 1 have made, limits the very principle for which 1 am contending, and d< feats the policy which be himself designs to promote. 11<- is willing to pledjgo the power and resources Alabama to aid any Blaveholding State taking a similar position of independence. 1 go with him in that And I go one step further. It is not possible that any hostile State bent on coercion, through the agenoy of the Federal Government, will secede from the Fed- eral I'nion. liut it is possible. I hope probable that s me of the western and north-western States will oppose coercion. They are unit.d to the South by Btrong natural ties — a link Btronger than hi iki of tee! binds them together. The great Mississippi River insure friendly feeling between those who occupy its mouth and those reside npon its head waters and its tributaries. Suppose now the populous North should make war upon us for purposes of OOn- queet or subjugation — we arc few in number — wc have aggressed upon nobody — wc havr> not wronged them — we ask simply to be THE CONVENTION OF ALABAMA. 191 let alone — we have dealt justly by them — we propose nothing but what is just and right — we fight on the defensive, to preserve in- tact our altars and firesides. Arc we not in a condition to chal- lenge the admiration of mankind, and to claim and receive the sympathies of the good and pure all over the world ? In this state of affairs, when Alabama shall be struggling manfully, pa- triotically, for the dear bought inheritance of their fathers, some one of the great States of the north-west, following the example of a patriotic Senator of that section, [Mr. Pugh,] who stood up manfully for State Rights and Southern Rights against the preju- dices of the North, throws herself in the breach — stems the tide of tyranuy and arrests the march of fanaticism — shall we withhold the power of Alabama from her assistance when the enemy shall have turned upon such an ally P Shall we not rather pledge all that we have and arc to her support? Would not our sympathies gather around her — her success become our success — her defeat our defeat '! And would not our gallant sons rush to the rescue of her sons thus struggling in our own behalf against a common enemy ? Who doubts it '( Then if we say anything about pledging our assistance, let us say all that our hearts approve, and our actions will vindicate when the time comes. Let us not limit the principle, but assert it fully, as we doubtless mean its application. In this great controversy of State independence against Federal tyranny, the friends of States rights are our friends, and we are and shall be their friends. Kelying confidently upon the strength of our cause, and the ability of our own sons to main tain our own independence, we shall not and ought not to with hold our aid from an ally in the same cause, and reject cooperation come from quarter it may. For these reasons I have made the motion to strike the words indicated from the resolutions, so as to leave them as first introduced, susceptible of the largest application of the principle set forth. Mu. ( 'hook said: 1//-. President — It does appear to me, that the debate on the ■lution offered by the gentleman from Sumter, when we takt nto consideration their plain, positive and unmistakable character, baa assumed a very wide range, and one not likely to bring about such an expression of Opinion with that promptness and dispatch which is desirable to me, and which the protracted session of thif Convention, in my opinion, justly demands. Why, sir, this Hod] has been near three weeks in session, and ha^ had under consider ation the mo.-t important subjects ever entertained by a delibcra 192 HISTORY AX!) DEBATES <.K live assembly; subjects vitally affecting tin- rights and hberti* the Republic. How important, tlicn. that these useless debatee should cease, and that \vc should engage in the discharge of our timate duties. So far as the amendment of the gentleman from Harbour is concerned, it is not needed to give expression to the ?iews entertained by the people of the State of Alabama; for, if I understand the object of the Resolution, it is to v.\ve an ex] aion of* our views on the great principle of State sovereignty, by a pledge of our sympathy and material support to all such States as now have assumed, or in;iy assume to act for themselves, as the Republic of Alabama has done. The principle is the same vhether the act be the act of a Slstcholding or a non-Slavchold- ing State. True, a similarity of int. rests and institutions might justify a more determined support to the action of the one than of '.he other; jet the greet principle of human rights would he in- volved alike in both; hence 1 look upon the amendment as un- called for at this time, and believe, under all the attendant circum- stances, it would have been better to have ado], ted the Resolution ii its original form. My opinion, then, is that the amendment is objectionable alone, on the ground that i*. was, and is unneces- sary to a just expression of the views of this Rody on the subject natter under consideration. Rut, sir, to the amendment id' the gentleman from Limestone, I have insuperable objections. What does he propose? If my understanding i-^ correct, he proposes to sacrifice Principle upon the altar of Interest. lie proposes aid and comfort, not to all of those States occupying the position now occupied by our own beloved Alabama — reiving upon the God of oattles, and the brave hearts, and strong arms of her fondly cber- ihed sons, lor support in this her time of trial — but inserts a pro- ision requiring a sovereign power to perform certain acts, amongst which. is that of joining a Southern Confederacy, before we will give them that aid which a kindred act entitles them to expect Q all those engaged in the same holy cause. If a State has the right to secede, which is no longer a qu< stion in Alabama, she :heu has a right to set up for herself, independent of all the pow- ers of the world. And whether lor decision be to remain a sepa- rate power, or unite her destinies with other States in a Southern Confederacy, is a matter proper for the decision of her own peo- ple without regard to what may, or may not, be the views and opinions of others. 1 contend, sir, that there is a great principle nvolved in the decision of this question. So well am 1 satisfied hat the great question of independent State action is involved in this decision, that I shall most assuredly record my vote against the Resolutions, though fully approved by me in its original shape, if this amendment shall be engrafted on it. With due respect THE CONVENTION OF ALABAMA. 11>.' : for the opinions of the gentleman from Limestone [Mr. Coman]. which induced him to offer the amendment, I would ask him H withdraw it. It can do no possible good; aud, with a little re- flection. I feel satisfied that he must conic to the conclusion that it conflicts with both the views and nets of a majority of this Body. Now, sir, in order to put a stop to this protracted debate. so that the Convention may prooeed with business now requiring action, I move to lay the amendments on the table. Mr. Bulges said : Mr. President — I appeal to the gentleman from Calhoun, [Mr. Crook,] to withdraw his motion to lay the amendment on the ta- ble for one moment, to allow me to explain the course that I feel it my duty to pursue, on the subject now under consideration. [The motion to lay on the table being withdrawn, Mr. BuLOJBH continued :] Mr. President — The position that I occupy in this Convention, renders it necessary for me to explain the reasons that induce mc to give the vote that I will give on the subject now pending. Sir, 1 regret that the Resolutions were introduced, be- cause they are but a reiteration of declarations already made by the Convention, by which every member upon this floor, and every loyal citizeu of the State of Alabama, is bound, and for the main- tainance of which all that we have, and all that we are, is pledged. Hut as they arc here, they must be disposed of, I am not entirely satisfied with the Resolution as introduced, hence I will vote for the amendment offered by the gentleman from Barbour [Mr. Ba- ker], which proposes to strike out Southern States, because 1 am unwilling to withhold our friendly greetings from any ot the border Free States that may desire to secede and join us in an in- dependent Confederation. But this amendment adopted, and it is thought the Resolutions are too broad, and the gentleman fiom Limestone, [Mr. Coman,] offers a prooiso t which restricts our en- couragement tn States seceding with the intention of joining with us in ;i Government. This amendment the gentleman from Mo bile, [Mr. Dargan,] opposes, lie says, because if New Hampshire and Maine were to secede, they would be entitled to our sympathy and our respect. In this I disagree with the gentleman. Sup- pose, sir, \ i rmont and Massachusetts were to secede from the I'liiim because the General Government concedes to the Southern Slaveholding States their just and constitutional rights; then would the gentleman say those States, seceding for this cause, would be entitled to our support in resisting coercion or invasion 'I 1 tuppo.se not. 13* I'M B1ST0KT AMi DEBATES or Tin it lei na say what we mean — let u.< ml< >j »t both the amend- ment of the gentleman from Barbour, and the provito offered by the gentleman from Limestone, and then adopt the Resolution. Then we pledge all the resources of the State bo the support of such States as have, or may hereafter secede, with an intention of joining with us in a common Government, whether it be South Carolina, Texas, Indiana, Ohio or Pennsylvania, and withhold all encouragement from States that may secede for other and different purposes, whether they be Slave ox Free. For these reasons, sir. I will vote first for the amendment offered by the gentleman i'rom Barbour, and if that be adopted, I will then vote For the provUo offered by the gentleman from Limestone, and if that is adopted, will vote most Cheerfully for the Resolution thus amended; but otherwise, I will vote against it. After some further discussion, the Resolution was passed over without a final vote. DEBATE ON THE RE-OPENING OF THE AFRICAN SLAVE TRADE. Special order under consideration again, The question was upon concurring in the Substitue of tl e Committee proposing it for the original of Mr. Posey, which had been referred to them. Mb. POSEY offered an amendment : Amend the second Resolution by adding to the same the words, •■ not below the grade of felony ." Mb. Jones, of Lauderdale, offered the following as an amend- ment : Resolved, That it is the will of the people of Alabama, that the Deputies elected by this Convention to the Southern Convention, to meet in the city of Montgomery, on the fourth day of February Ti-xt, to form a Southern Republic, be, and they arc hereby iu- fcruoted to insist upon the enactment, by said Convention, of .UOh restrictions as will effectually prohibit the importation of slaves into such Republic, from any other place or country, other than the slaveholder States of the late United States of America. THK CONVENTION OK ALABAMA. 105 Mb. Yancey raised ;i point of order, and stated it thus: The amendment is incongruous, because the subject matter reported by the Committee is an Ordinance to be the supreme law of the lartd. The amendment i> a Resolution of instructions. The point of order was sustained. Mb. Jones, of Lauderdale, offered his Resolutions as u substi- tute for the Ordinance reported. Mu. Morgan offered the following Preamble as ;i preface to Mi-. Jones' substitute : •• Whereas, the people <>t' Alabama arc opposed, oh the ground ■ >t' public policy, to the reopening of the African Slave Trade" — which was accepted. The question was on tin- adoption of the substitute proposed by Mr. Jones, of Lauderdale. Mb. Morgan said : Mr. President — Before giving expression to my opinion on the Report of the Committee, and the Ordinance proposed for our adoption, I desire to state distinctly that I am opposed, on grounds "1' public policy, to the opening of the African Slave Trade. I ( line my opposition to this traffic to the only tenable ground upon which it can be placed by any statesman, who lias a .respect for the wise economy displayed in the differenl apti- tudes of the several races of mankind, for the different labors med to the human family. I confine my opposition to this traffic to grounds of public policy ; because, if 1 were to feel at liberty t" carry out. my convictions of what a pure Christian philanthrophy requires at the hands of this generation — if I eon Id consent to commit the State-to the active work of t Christian evangelization — 1 should pledge all its powers to goto Africa ami to bring over ship loads of poor, savage slaves to a country where the\ could be raised to the condition of Christian si i which is the highest point that the negro : reach, consist- ently with Divine Law. and with their mental and physical or- ganization. It is impossible that I can give a vote on this question which will hereafter be the subject of doubt with those who choose to know the L r r<>nud< of my action. We have lonff been 196 HISTORY AND DEfiATES OF led throughoul those nations who claim that they arc enlight- ened and Christianized, as guilty parties to a barbarous code of slave laws, and to an inhuman traffic in lniinan flesh. It may bo accounted a singular circumstance thai the seven millions of the South, and some millions of the North, are so blinded to the great sin charged upon us, that we arc all unable to perceive the wYong, or unwilling to cease to do evil. Bo main people have rarely been so undivided in a course which is even the subject of serious dispute. Hut 1 will not stop to make a defence here of a right and a duty which has just led us t" record the most solemn and portentous decree ever adopted by the State. The Ordinance of Secession rests, in a great measure. upon our assertion of a righl to enslave the African race, or, what amounts to the same thing, to hold them in slavery. The mosl fatal and scandalous declaration ever made by the late Fed- eral Government against the people of the Smith, as it has affect- ed our standing amongst the nations of the earth, especially those who are strangers to our social organization, is contained in those acts of Congress which denounce the African Slave Trade as piracy — a declaration at once degrading to every slave- holder, and a living rebuke to the Federal Constitution, which expressly prohibited the suppression of the trade prior to the year 1808. From this source, many arguments have been ad- duced against the inter-State Slave Trade, in the late Union, by the people on this continent and abroad, and tins not without a strong show of 'plausibility. The traductions embodied in the terrible word " piracy," have been wrought into every shape, and pointed with every sting with which to torture and malign the South. The laws of Congress, sustained by the South for reasons of public policy, but, repudiated and despised for the calumny couched in the word piracy, have been a constant sin ltd' to all those who have assailed us, whether upon religious or political grounds. We are now i'rrr from those laws, and the question is, whether. \<\ attempting to ihr the country from a dangerous and exciting topic, we shall still continue liable to the imputation of being pirates, or to any possible inference thai one course of action is predicated on any distrust of the morality of slavery. In the present state of opinion amongst the people of the North, an 1 other countries, we ought not to remain silent as to the rea- sons which may impel us to take any action looking to the repres- sion of the Slave Trade. We cannot, under such circumstances, prevent misapprehension nor repel misrepresentation. Before the report of the Committee was amended to meet this view of the case, and to place the proposed Ordinance on the ground that. THE CONVENTION OF ALABAMA. 11)7 public policy alone required such action at our hands, I could not have voted to concur in the report. Even now it, is not so clear and decided in its negation of other grounds for our action 1 , as to make the report a complete expression of my opinions The importance of (his matter cannot well be over-estimated . If any slave trade in negroes is objectionable on grounds of morality or Christian duty. I would much more readily conclude that it was wrong to bring a Christianized and enlightened negro from Vir- ginia, to Alabama, than it was wrong to bring a heathen and sav- age slave from Africa to Alabama. If 1 have to forge chains for men at the expense of the opinions of people professing Chris- tianity, I prefer that those chains shall lead the slave without- the reach of the genial rays of that Christianity. But it", as 1 believe, these bonds are Christian bondsj 1 shall not hesitate to keep them where they were placed by tha All-Wisk, and where they have proven to he the only powers which could bring the negro within the reach of a proper moral and political government. We cannot defend the inter-State Slave Trade on the great truth of its coincidence with the revealed will of God, and, at tin- same time, condemn the African Slave Trade on moral grounds. 1 oppose the Ordinance reported by the Committee, because of its silence on these points. I have thought that it ought to he ex- press and more emphatic in its statements of the grounds ,.f our action. The Ordinance will go out disconnected from the report, and will he liable to become injected with such reasons, and ar- guments, and inferences, prejudicial to us, as abolition malignity and cunning may chouse to invent. Our justification will not go with the act, and we will be placed under the shadow of seJf- reprobation. Other reasons of the most important nature operate against the incorporation of the Ordinance into our organic law. It is. at most, a question of policy, and must always continue such, so lone; as negroes are held as slaves in this State. [| was a ques- tion of policy when the Federal Constitution was formed. The policy then was to keep the trade open and unrestricted, c\ by a light tax, until a period should arrive in which a full supply of slave labor Could be obtained from Africa. Tlere was no prohibition of the Slave Trade placed in the organic law of the Union. There wa ;, indeed, strong opposition to the slave Trade, but it was not then s-. strong as to be able t<> carry this feature into the Constitution; on the contrary, the anti-Slave Trade party did not succeed in prohibiting interference with the Slave Trade fur a time. The restriction was in favor of the Slave 'Trade, and net against it. Why should we, who are the fri 1«.»S HISTORY KM) DKUATES OF of negro slavery, go so far as to incorporate tbt prohibition of the Slave Trade into our State Constitution, while those who are its enemies have been content to rely for its prohibition upon nets of Congress, which, in this case, aire hut the expression of popular will .' I can sec no occasion tor such a radical step. It does no! consist with present polity: it is not demanded by any well-founded distrust of the liability of the people to heroine mercenary to the destruction of their peace or their genera] pros- perity, it would be unjust to posterity, because it would settle in the most solemn form, as a principle of Government, a matter which is only a question of policy, and not a principle of Gov- ernment. It has been urged that Virginia, and Maryland, and North Carolina, require a solemn act of condemnation, on our part, of the African Slave Trade; and that they will hesitate to unite with us if we hesitate to adopt this Ordinance. Perhaps it might he as truthfully said that Texas and Louisiana would ur to si settlement of this question by the sovereign States to whose counsels they have no access; and these States might tatc to meet with States that preclude all discussion of this question. It is much to be desired that Virginia should unite with us, and that every slave State should join readily in this movement. But 1 would neither bribe nor threaten Virginia, nor any other slave State. Let them act on their own convictions of duty. Some recent indications in the Virginia Legislature arc not much to he applauded. It is rather a deplorable and humiliating spectacle to see a great State — the largest slave- holding State — in a serious debate on the question whether her destiny is with the North or with the South. In the event the decision should he in favor of the Northern alliance. I would not hesitate to say that, if she looks to the North for alliance and sympathy, she must look elsewhere than Alabama for a slave market. It seems to he doubtful whether our true policy is not to he found in stronger measures than in petitions, concessions and adulations. We have planned our action without reference to the opinions of any other people, and our cause will at least stand on its merits, or fall for the want of merit. The justifica- tion of our action is placed on our right to determine our own destiny ; and it is to he neither stronger nor weaker because an- other State may approve or disapprove our course. It has not been taken without tin' most careful efforts to procure the liar monious action of the slave Slates. We have been deferential to our sister States of the South. Able Commissioners have been sent to all the States of the South, hut none have come to us with any message of fraternity, except from South Carolina. THE CONVEVTION OK ALABAMA. L99 Georgia and Mississippi. This is no ground of complaint, per- haps, but it is a noticeable fact, when we enquire how far Ala- bama is to be compromised in her policy by a feeling of mere deference to other Slates. It* we leave the African Slave Trade to rest under a distinct condemnation as a measure of policy, and on grounds of policy, Virginia ought to be satisfied, and will lie satisfied that we do not propose to cut off or check the Vir- ginia Slave Trade. She can join us in the discussion of that question', and if it is her opinion that this trade should be con- demned in the Federal Constitution, or in the State Constitutions, she ean vote in (Ate one ease and set the example in the other. In reference to its influence upon our State. I oppose the Ordi- nance and prefer the Resolutions of the gentleman from Lauder- dale, [Mr. Jones.] His resolutions declare a policy, and display (he grounds of that policy. He has made the argument that if t,ie suppression of the African Slave Trade is left to the actior; of the States alone; it will only prove to be the best means of throwing the whole country open to the traffic. Any State may open it, and no one State could prevent it. No number of States could prevent it without war, if one State should have the right to open the Slave Trade with Africa. That argument has not been answered. It a p] tears to be conclusive on the point that this matter should not be left alone to the States. Such is the effect of the Ordinance, or else its etfect is to cease when a Provisional Government is formed, and in that view it would lie useless now. The Ordinance is not framed provisionally. It is to become a settled principle of organic law in the State. I will not go into the condemnation of the African Slave Trade because, at this time, we have a stock from which enough slaves will spring to sup- ply the demand of agriculture for perhaps twenty years in the South. It' we then need more slaves, we can so order it by fl change of measures to suit the altered conditon of the country. I am opposed to placing fetters on the hands of posterity. Ev- ery generation Of freemen should be allowed to use the blessing* of Government to their own advantage. We can trust our pos- terity with the destiny of their successors, just as far as we cai trust ourselves with their destiny. The young State, now taking her first steps in the greal march of events, ought to be left \'v^<- fcn choose her own course j her feel oughl nol now to be fitted fco iron shoes. The Chinese system cramps the foot of the infant, and brings a decrepitude upon youth which is never overcome. It is better to leave c\ erything free to those w ho are to follow us exce.pl the principles which we esteem to be the vital elements o'' 200 HISTORY AND liKHATKS OK good government. These we must solemnly ordain far our own tecurity and welfare, and it' our successors choose to abolish them, we will leave to them tliis privilege, but will not sanction the se by our own example. We are ready now to declare that pul tin- policy forbids the reopening of the African Slave Trade, .nit we will leave it to the generations that may occupy the Gulf \l* sico, and rule over the Islands of the adjacent seas, to de- termine for themselves how much of this property they need; and they ought not to be compelled to uproot the foundation of the Government before they can reach the subject. Mi:. Smith, of Tusealoosa. said : Mr. President — 1 hops the Ordinance will be adopted as ret ted. It is complete in itself and needs no amendment. What- ever we say on this subject ought to he positive in its terms; it ought to he more than the mere expression of an opinion ; it tught to bo the fundamental law of the land. Some of our friends here are too prone to defer action on man} mportant questions to the Southern Congress. Lei us act for ourselves. Tons the responsibility belongs; letus not shift it Upon others. The gentleman from Dallas, [Mr. Morgan,] thinks that a reso- lution expressive of our opinion merely, would he preferab in Ordinance, because an Ordinance would tend to cramp and trammel our Deputies in the Southern Congress. This objec- tion docs not strike me with great force. The organic law of the State, as by us framed, will necessarily have to be accommodated othe federal Constitution, if there should be one; so that the< >rdi- lances we may adopt here will he. at last, hut expressions of our opinions. So far. then, ourOrdinances \\ ould operate on our Dep- uties as indicat ions only of our wishes, But even if this ( Ordinance ihould he considered as deliberate instructions to guide and control Deputies in this ease,' it. is no barm that it should hi- so. '1 here ought not to be two opinions here on this question. The Con- dition should he unanimous In its opposition to reopening the African Slave Trade. The gentleman from Dallas, |Mr. Morgan,] is unwilling to id.mil by his vote that the reopening ol the African Slave Trade id he in itself immoral. I have deference to his opinions ami vspect for his scruples ; hut 1 do not think that there is an\ ad- mission in the Ordinance, as reported, that the reopening of the African Slave Trade would he immoral. It is true, that theOr- linancc contemplates a penalty for the violation of the law; but THS CONVENTION OF ALABAMA. '201 a prohibitory statute could not be enforced, if no penalty attach to its violation. It. would be an absurdity to declare, "you shall not do this" — without prescribing a penalty for disobedience. Penal statutes maj rest upon policy alone. But this question of morality does not necessarily arise here. \s a matter of opinion, I do not believe that the African Slave Trade would be immoral in itself now — or that it ever has been immoral. 1 hold, that the African, taken from his native wilds and placed in the ranks that march onward from savage to civil- ized life, is greatly benefitted, lie is humanised and christian- ised. He rises from the condition if a brute into the position of a christian man. The present condition of the Alabama negro, illustrates this. Place a native African side by side with an Ala- bama negro — how vast, is the difference in stature as well as in in- tellect. The wiie has the graceful and sinewy limbs of a Hercules — the other is a mere mongrel. In nine cases out often, in posi- tive contentment, the Alabama slave is happier than his master. His cottage is built tor him, his Ibod provided, his meals prepar- ed; his hearth to spread with substantial comforts, and his long nights are for those blissful dreams that are undisturbed by the knowledge of coming necessities, lie has no cankering cares, no bufietting with fortune, no aspiration for expanding acres, no cares for rain or sunshine. lie has neither cloth nor meat to buy; he is free from debt, hi' is above all civil law — and he looks forward hristmas, not as the maturity time for bis bills, but for his holidays. Sir, there can be nothing immoral in placing a savage in such a condition as this. The gentleman from Dallas, [Mu. Morgan,] supposes thai hereafter — in the possibility of things, it might become his duty. from motives of public po/icy, to favor the reopening of the Af- rican Slave trade; and he does not wish to be cramped by a vote given now. denouncing or seeming to denounce its morality Such a contingency is impossible. The arguments againsl the reopening of this African slave Trade are overwhelming. Poli- cy will never demand it. Take a single argument : We double, our population as a general ride every twenty years, and the ne- groes multiply more rapidly than the whites. We have now over four millions of slaves in the Southern States. In twenty years, we will have eight millions; ill forty years, sixteen mil- lions; in sixty years, thirty-two millions; in eighty years, sixty- tour millii ;:>; in a hundred years, one hundred and twenty-eight millions of slay< 8 ! Shall we legislate for this day alone? Is that the duty of statesmen'/ Shall our foresight not reach. the outlines of a sin- 20'2 1IIST0RV AND DEBATES OF gig century ? When Solon gave laws t<> Athens he looked afar into the deep future. When Lycurgus gave laws to Sparta, he planned for a thousand years in advance. When Numa framed the Roman Code in the solitary cell of Egeria, he beheld, through the vista of long centuries, Rome towering in her grandeur, as in her palmiest days upborne on the colossal Bhouloers 61 Cicero and Csesar. Shall it be reserved for us. who boast of wise fathers, : 1 1 1 • 1 of free and enlightened institutions, to limit our saga city toa single age! to labor alone for the generation that lives'/ We are here for higher duties, lie is Indeed poorly entitled to the name of patriot or statesman, who legislates for the presenl and not the future. But admit that on this subject the vision of our sagacity is bounded by the shadowy walls of one hundred years; what do you behold? You sec huddled together 120,000,000 of negroes, circumscribed within the limits of a dozen States; and this im- mense slave population will be accumulated from the natural in- crease tof native slaves without any importation from Africa. Will \ on crowd this population still more by fresh importations'/ Will there be any room left for the white man? What is to becom," of the hardy pioneer who first cleared away the wilderness, and erected his 'cabin on some distant knoll, proud and happy in the possession of his little kingdom — his forty acres of land? Is he to be driven away from his happy dominions by the ominous ad- vance of this ebony giant ? This must not be. This shall not be. Surely no man here wishes this to be. ■ 111 lares the land, to hastening ills a prey, Where wealth accumulates and men decay ' Princes and lords may llonri>h or may lade; A breath can make tnem. as a breath has made; Mm a bold peasantry, their country's pride, When once destroyed can never be Supplied. 11 This question of the increase of our native slave population assumes new importance now from OUT present position. Here- tofore we have looked abroad into the Territories for extension. Our recent troubles have grown out of this desire of ours for extension tin- our slaves into the Territories. Extension for sla- very was a necessity, as the protection of slavery as property in the Territories was a demand. The one made the other indis pen.sablc. Twenty days ago, we could look abroad for extension. We had a share in boundless Territories. But what is our con- dition to-day/ We have seceded from the Union, declared our independence, and assumed before the world the attitude of a na- tiou. We are circumscribed now within the limits of Alabama. THE CONVENTION OF ALABAMA. 208 Wc carry with us nothing except what is within our geographical limits; no rights of property outside of the State; nothing but our liberties and our eminent domain. Whatever else we may claim must remain to be settled hereafter by some of the modes of adjusting international disputes. A new confederation cannot be expected to embrace more than fourteen States — and this immense negro population must be con- lined to the limits of the new Confederacy. Where can we go'.' Through Texas to Mexico? That is the only outlet. Do we desire this ? For what did we fight and conquer Mexico'/ In order to get homes upon the soil'/ Surely not. How many of all the American Soldiers remained or desired to remain in Mex- ico ? Do you wish to send your slaves away and not go with them? Not so. Even the slave would degenerate in Mexico. The slave would lose his subordination, and the institution itself would lose its vitality. American slavery, in half a cen- tury, would there be transformed into Mexican peonage. Upon Mexican soil, teeming as it is with all the euervatiug influen- ces of languor; fertile only iu excuses for sloth and idleness, the negro, who now in Alabama makes ten bags of cotton a year for his master would become like Shakspeare's Caliban — a " mere moon calf — a " hedge-hog" — a " fish — legged like a man" — a " most ridiculous monster" — -fit only "to dig pigments" and to '• show jay's nests." Upon Mexican soil your negro would return to Africanism ; his Christianity would go back to superstition; and his frame would lose those noble and graceful proportions which physical labor so completely developes. His brawny shoulders relaxed, his vigor gone, his spirit rebellious, his disposition satanic, his head lull of the rampant spirit of revolution which is become an ever-prevailing epidemic in Mexico; he would indeed be a terror instead of a servant. His petty larcenies would swell into high- way robberies; and he would aspire to admission into the ranks of the brown bandits of Mexico. That would be the end of hi in. Hut if the negro would degenerate in Mexico, would not the white man — his master f Send Alabamans to Mexico for room! Sir, that enervating climate would reach the loftiest nature and drag him from his grandest height*. The change upon a single generation would lie magical. Sober American gravity would grow fantastical : American gravity would sink into .Mexican frivolity; and dignity itself would be content with the grown of the harlequin. Ambition would be satisfied with the weight of a spur, or the massive adornment of a bridle; and the spirit that, 204 IIISTOKV ANh DEBATES OK in this clinic, would have aspired to rival 1 1 1 - - glorj of a Jackson, would there be proud to appmaoh the immaculate excellence of Santa Ann i ! Virginia us, Kentuckians, Carolinians, G irgi.ins, Tennesseeana, Alabamans, Mississippi* us, noble in i n t«*t) brave by nature, chivalrous by instinct, accomplished by culture; symmetrical in shape and feature; high-spirited, splendid -;■■ mens of the ADglo-Anverican, yearning after fame and proud of their sires and their clinics; (iod forbid that the raee of such men Bhould ho degenerated under a Mexican sun 1 The gentleman from Dallas [Mr. Morgan,] thinks that the pa** isg of this Ordinance would arm our Northern enemies with le- gitimate bludgeons to beat us; that it would amount to a stigma upon the institution ef slavery — solemnly ottered and sanctioned by us. I do not think so. The passing of this Ordinance, in my opinion, would have a contrary effect. It would disarm our Northern foca. They have branded us in advance, that one ef the leading causes of our desire to break up the 1 nion, is to es- cape the law which denounces and punishes the African Slave Trade. They charge as that we wish and that we intend to r5- open the African Slave Trade. Sir, the p.mage of this Ordi- nance by a solemn vote of this Convention, instead of arming, would disarm our Northern foes, and prove that on this question they were either deceived in their judgments, or that they were deliberate slanderers. There has been, in the acts of this Convention, extreme haste on in any momentous questions. 1 am noi an advocate for ii i-te in radical changes or in important innovations; but on this great question 1 am anxious to make haste to adopt this Ordinance, that, the world may he relieved; thai our designs may be known, and, above all, that our Northern \'<« ^ may be forced to seal their lips, and to cease proclaiming, 10 the great injury of our cause. the deliberate and unmitigated slander, that Southern slaveholders wish to break up the Union for the paramount purpose of reopen- ing the African Slave Trade. Take another \ i« w ol'lhis question. Shall we increase our troubles '( Saving assumed our independence and resumed dele- gated powers — having sundered the ties 1 hat bound us to I he ! 'nion of the States, it is wise in us, in our first acts, to bid defiance to the whole civilized world? Have we grown so great in the brief period of a Single week, that we shall court the frowns oJ all ( Shriatendom, and bring down upon our earliest deliberations the anathemas of all Europe? The war-ships of the most, respecta- ble governments of Europe continually cruise the high seas in •e&rch of African slavers — the United States ships setting the e\- THE CONVENTION OF ALABAMA. 205 ample of diligence, vigilance and determination to check the Afri- can Slave Trade. We have recognized it a crime for half a cen- tury, and have acquiesced without murmur in the enforcement of the penalties. Shall we increase our troubles'? Shall we multiply the causes ami thereby the probabilities of war] Should at) English ship intercept an American vessel engaged in the Af- rican Slave Trade, it would not now be cause of war. simply because this trade is prohibited by the, laws of the Uni States. But suppose we declare the trade legitimate, and recogf- nize il as part of our policy ; suppose, even, we refuse 60 p laws to prohibit it. then the foreign intercepting of a vessel be- longing to us. though engaged in the. direct importation <>f* Afri- can slaves, would be an act hostile to our commerce and equiva- lent to a declaration of war. Are we to suppose that an English or an American ship, orusing for the very purpose of intercept- ing and seizing slavers, would relax their vigilance so as to let Alabama, alone of all the nations of the earth, carry on this trade? Certainly not. If one of our slavers should he taken on the high seas, the act of intercepting it would Ik 4 an indignity ; and the consequence of such an event would be war, or a disgraceful surrender of our national dignity and honor. Sir. in every act of mine, in this Convention, I shall look to- wards peace. I would not, wantonly proyoke any nation, nor would I favor a law which would not be likely to teceive the ap- probation of the wisdom of the age. There is no wisdom in war. It is the most, brutal occupation of mankind. It should never be courted. The glory of Ameri- can history is found in the fact that all Inn* wars have been thrust upon her. We have conquered on almost every battle-field; we have vindicated our courage and our prowvss before the eyi the world ; and have sent forth the historic heralds of our fame to proclaim to posterity, the achievements of , our arms. W< have a right now to rest — and to court the more inviting slli of peace, without being suspected of cowardice, or charged with an inglorious disposition to avoid danger, Peace, thai, isour poli- cy : l'"i- in peace alone can agriculture flourish. If COTTON 19 : his TiutoNK is peace, fop WAR, that turns the ploughshare into the. sword, will deprive him of the implements 01 his power and strip awa\ the habiliments of his Royalty. Sir, tlie blessings that are to come upon the State from this revolution. must be the blessings of Peace. You can do nothing without commerce— there can be no commerce without peace.. Yo.U ■.:• ! achieVed a revolution, but you have yet a great work iccotnplish — you have a country i ild up. Vou are MISTORT AND DKBATXS VT merely working out a dazzling reputation. You are doI to be satisfied with having pulled down n government. You have not created ;i political Btorm for the unholy purpose of filling the his- tory of the times with stirring events and disastrous accidents. Von are no! merely opening the womb ol emergencies, thatgreal warriors, great orators, great statesmen, and great poets may spring out of it. You are not only creating an era, an age — that may be an age of bronze — an age ol iron — an age of gold — or an aire of blood. You are here for the loftiest <>f all pur] — to Im'ihl nj> ii country — for the lasting happiness, and the per- manent prosperity of the millions thai inhabit the land. Look, then, to Peace — -that stately and commanding Queen — ■ "Beneath whose calm inspiring influence Science his views enlarge*, Art refines, .And swelling Commerce opens all iicr porta. Mi;. JoHXS, of Lauderdale, said : Mr. President — Situated as we are. this is one of the most im- portant questions for our consideration. It has been charged that the object of the Cotton States in seceding from the Union, is, to reopen the African Slave Trade. This opinion seems to have taken possession of the minds of the people of the Border Slave States, and will not fail, if not promptly repudiated ly each seceding State, to engender distrust as to our future policy on the vital question. He would not now enter upon a discus* sion ofthe policy <>!• morality of this trade. The gentleman from Barbour, [Mr. Cochran] will see that this resolution does not conflict with the views he has just submitted to the Convention, for the amendment offered by the gentleman from Dallas, |Mr. Morgan,] places the action proposed by the resolution, solely, oil die ground ol' public policy. In every action the question of pol- icy should yield to that of morality. The maxim that "what is immoral is always impolitic," is as true in regard to nations as individuals. lint when, as in the present instance, all agree that a measure is impolitic, and some say that it is immoral, it is a useless waste oi'time to Inquire who has the better reason for the vole he is about to give^ The only pertinent question is that stated by the gentleman from Mobile, [Mr. Bragg.] Will the Ordinance submitted by the Committee on Federal Relations or the substitute offered bj me better accomplish the end proposed.' ' PI i > - Ordinance simply proposes t<> declare by Organic Law that the African Slave Trade -hall We prohibited in Alabama. To his mind this did not meet the necessities of the case, and consequent- ly he offered as a substitute the resolution now pending. This THE CONVENTION OK ALABAMA. 207 resolution instructs the Deputies elected by us to the Southern Convention, to assemble at Montgomery, Alabama, on the 4tb day of February next, to insist on the adoption of such restric- tions as will effectually prohibit the African Slave Trade. The Ordinance of the Committee, if adopted, provides no penalty for its violation, and without some legislation will lie wholly power- less to accomplish the end proposed. The Legislature can do. under the present Constitution ot the State, precisely what this Ordinance proposes. Indeed, section 2058 of the Code COVerS the whole case and renders any further legislation by this State unnecessary. Mb. BnAoa : Will (he gentleman read the section named? Mr. Jones : Certainly — -the section reads thus: "It' any slaves of persons of color, have been or are, hereafter brought into this State in violation of the laws of the United States prohibiting the Slave Trade, the Governor," &c. Mi:. Brago : The act of Secession repealed all the laws of the United Stab s, and hence this section is not now in force. Mr. Jones said : He thought not. The section recited, only refers to certain laws of the I nited States ; these laws are descriptive of a certain • ■lass of offences. Now, sir, in enforcing this law of Alabama the )( ( Jongress is looked to for a description of the offence — 1 1 1 ■ - statute 2058 declares, that the act so described is. when commit- ted within the limits of Alabama, an offence, and prescribes the penalty — precisely as you would look to the Common Law of Eng- land for the description of an offence, the laws of Alabama pro poses to denounce and punish. lie held, that so far as Alabama i- concerned, this traffic is not only fully but wisely and amply provided for. It commits us to no psCudo philanthropy to pay thousands, to recommit men redeemed from barbarism back to hopeless bondage unmiti- gated by a raj of Christianity or civilization. Another objection to the proposed Ordinance is. that it will have no extra territorial effect, and will leave us at the mer< 208 HISTORY AND DKHATES OF neighboring States, (care not how stringent the laws of Alabama may be on this subject, if the State of Florida should allow or connive at the traffic, this race will be imported, domiciled, and then smuggled over on our borders, or brought in droves nn- der the general laws of commerce between the United States. But, sir, it is conceded that Alabama does not design t<> re- main as a separate State — that she will he a member of a Con- federated Republic in a few weeks, is as certain as that 1 1 1 <. - Sun will rise to-morrow. The Slave Trade will then belong appro- priately to the Republic, aa it has ever done to the General Gov- ernment of the United States. We have dearly proclaimed that the New Government is to eonfbrm to the model made by our ancestors; why then attempt to depart from the good old way 90 soon and on a subject of such deep interest to our people and to civilized man every where .' A prohibition by the new Republic will 3uppn ss the Slave Trade alike in all the States entering into the New Government, and will encourage others t<> enter and give strength, stability an I respectability to the New < Jovcrnment. Thai Government will have a Navy to capture Slavers, and thus suppress the trade, It will have foreign alliances to aid in this greal work of humanity. But suppose this State shall determine to take this subject un- der her own jurisdiction — the State having claimed in i\i-\-y case jurisdiction — your delegates cannot surrender it to the New Gov- ernment. Other States will follow the policy marked out by ns. and thus there will be Ho g >neral lam but an interminable eon- diet ending in a total failure to enforce the laws. The separate States will be utterly powerless to prevent a traffic which the greed and avarice of the worst and boldest men of the age attempt to carry on. All the power of the General Govern ment, aided by the most powerful maral me nations of Europe, have been unable to fujlj suppress this trade. Then, it' hit to the uction of tie- separate States, there will do1 be a decent show of opposition. Some ma) even permit it. and thus another horde of barbarians will be poured upon us. ( i -nth men may hold their own opinions, they may sanction the traffic if they chose, bul for myself and my constituents. I sol- emnly protest uow and forever against any course that will per- another African to land upon the soil of Alabama. Mr. Posey said • I .mi for the substitute reported by the Committee, in prefer- ence t.i the amendment offered by my colleague [Air. June.- J. THE CONVENTION OF ALABAMA. 209 The Committee have not prohibited the Slave Trade hy making it a felony The Ordinance, introduced by me, did. This is the prin- cipal difference. The amendment proposed by my colleage to the Committee's Ordinance, is a mere declaration of opinion against the Slave Trade, and instruction to our delegates in the Convention »f the seceding States, to vote for a prohibition in the Constitu- tion against the traffic. The effect of the amendment under consideration would be to leave our ports open to the trade, until the Southern Congress pro- hibited the traffic. I would have the prohibition inserted in the Constitution of Alabama. Public sentiment, in this State, is against tin- Slave Trade. Why should not this opinion of the peo pie of Alabama be incorporated in their Organic Law? rait probable that there will be any change in public sentiment upon this subject? T think not. I see nothing in the new relation in which secession places us to other States and < iovernments, likely to bring about such change. Did we need more territory before — ion, fov the expansion of our peculiar institution ? We yet have the same need for more territory. The rapid increase of our slaves, points to the necessity of acquiring more territory before we import slaves from Africa. The same rules which apply t< the prosperity 01 individuals, are applicable to the welfare of na- tions, lie who employs more slaves, or buys more than he has land for their profitable employment, does not act as wisely as does the man who keeps an eye to the due proportion of each. When we look at the extent of our territory, the number and the increase of l lie slaves upon our soil, which do we need most, more slaves, or more land for those we now have'/ Mr. President, the fierce stril" we have had with the Northern States, which has led to the disruption of the Government, is a trumpet tongued answer to this question. They have declared, by the electa f Lincoln, "There shall be no more slave territory — mi more slave Stat To thin the Cotton State- have responded by acts of secession and a Southern Confederacy; which is but a solemn declaration of th.-e Suites, that they will not submit to the Northern idea of iv> trier Mi» slavery to its present limits, and confining it to the slave Mao- Any the then white ami black population, then it will be time igh to import African slaves. The gentleman from Dallas Mr. Morgan . gainsl this Ordinance, that it reflects upon nx ancestors, brands the business thej followed il mime, md indorses the Abolition stigma upon slaveholders. With due respect to the opinions of that gentleman, I hull this hi be an un- fair argument It assumes the positiou that this Ordinance, il d, makes the Slave Trade an offense which ia mata in ><, un- -ii amended as to contain an express declaration that the Slave Tra t for the. reason that it is against good morals: 1 believe the traffic to be. sinful; but this is nut the sole ground of my oppositirin t-> ii. 1 would prohibit it as a great evil t<> the South. What room will we have for our white population, when the ports of the country shall have been opened to slaves Iron: Africa? Even now a considerable pari of the white population of the country OCCUpy the inferior lands. Shall we drive thciu to he mountains, or force them to remove to the Northern State*. •o make room for African slaves not wanted by the country? It is well known thai the Border Slave States, as well as tli. thern States, Suppose thai the opening of the Slave Trade U one of the chief objects of a Southern Confederacy. I am for letting them righl on this subject, bo far as this State is concerned, sod with. mt dela\ . No! one of the Border States would conseni bo join the Southern Confederacy, and take the African Slave I Y.i.ie. \\Y owe ii to our fellow-citizens in those States, to our selves, and to the cause Of the Whole South, to place the State ol Alabama in its true and appropriate position upon this important pjestion. Mil. 1 'tnrr.ii said : Mr. President —The question before us demands that oven member of this Convention shall take position, either for the Sub atitute or the Ordinance reported by the Committee. And it - really appear to me, sir, thai the debate which has sprung up here, has taken ■ very wide range and a strange course. It is |uite astonishing to me, sir, that the Slave Trade itself, and the in ititution of slaven as it now exists amongal us, should be treated TI1K CONVENTION OF Al.VKAMV 211 of :is if they were perfectly identical in point of morality : and more astonishing still, to hear such sentiments ;is have been uttered upon this floor, in regard to this trade. Now, sir, it is not perceived how any thing thai can be said, con cerning the morality or immorality of the African slave jrade. can be considered pertinent to the question now before us. Yet, as this subject has been introduced here, I am free bo saj that. while I conscientiouslj believe thai it is our duty to support and perpetuate the institution of slavery as it is, still it is my honest conviction that the Slave Trade, as It was formerly carried on, anil as. in all probability, it will he conducted in future, it' tolerated, is immoral in its tendency and effects. This view of the subject does not necessarily involve in guilt those who, by purchase or otherwise, ma) become the owners of slaves. This questibn certainly ought to lie settled on principles of po llcy alone; and the Slate of Alabama ought to adopt such mea Hires as her present sovereign and independent position demands : and she should assume such ground, <>n this important question. as will place her in a proper attitude before the world. That this may he dene, ii appears to me, sir. that a positively Prohibitory Ordinance is preferable to a mere resolution of instruction, which may or may nol in'luenc. the action of the approaching Southern < lonvention. All the arguments offered in support of the Substitute, upon which we are sdon to east a vote, appear t" lie founded upon thi assumption that a Southern ' Jonfederacy will very soon he formed. But it should be remembered that such a Republic exists at pres- ent only in prospect, and nur hopes, in this regard. may or may not he realised. It therefore becomes US 1" act in nur present condition, as true policy dictates to he best. And. as the Ordin anee will more effectually secure the "live; sought, I prefer its adoption to that of the Substitute. \vn m>k wviv. troops ik<>m Florida. Mu. Cucmens, from the Committee on Military Affairs, mad < the following report : The Committee on Military Affairs, to whom was referred 11 Liesolution, requesting the Governor to lecall the Alabama Volun i, now stationed at or near Ponsaoola, in the State of Florida. have had the sane- under consideration, and instructed me !• port back the same, and recommend its adoption. 212 BISTORY \NI' DBBATBfl Of SEI ELE7 SES8ION Mi.. < 'i i mis- said : 1/ . President—I have examined, with moch care, the proposi- tion which lias been by me submitted to tin- Convention; and I have come to the conclusion thai the Alabama Volunteers oughl t-i In- withdrawn from Florida at this time. It is under- st I, from communicationa made in conversations, by Mr. Majory, laic Senator in the Congress of the I nited States, from Flo- rida, thai there lias been an agreemenl with Mr. Toucey, Secre- tary of the \a\\ of the United States, thai there are to be no hostilities in Penaaoola harbor, l>\ the United States forces, until tin- 4th of March. It' this be true, and <>)' that there can l>e u<> doubt, there is now )i" use for <>ur troops iii 1- lorida. The\ are there without the slightesl military preparation, hay- ing been ordered off in great haste; and many of them have left their business entangled and their families net provided for. These considerations, however, might not he of much weight, if the services of these t roops v» ere essential to Florida or to the public safety at Pensacola. Hut there is a day coming, sir. wh< ti the services of these troops will be needed — needed, too. in all their vigor; and for that daj it is our duty to provide. The} are now quartered in a place where they themselves are satisfied that their time ia wasted, and the} can do nothing for their country. The life of idleness which they now lead, will disgust them with military service, and they will grow wear) of the camp Ix fore they have an opportunity to exhibit their valor or to u.sc their arms. I read i roii i a letter, jus] recen ed. by one who is well posted op this subject : Warrington Navy Yard, Florida,) January - J<'>. 1861. » I'tur Sir: I received, last night, yum- obliging favor of the 22nd instant, and I hasten to give \<n the l.">th instant we arrived herewith upwards of too men, which made our force here about 1 ,000 men. Since then about 400 others have arrived, which makes our pres- ent number 1.400*. We came under the belief that all things wen ready, and that an assault would he made upon Fori Pick- ens ui t '\ pnty-four hours after our arrival. We hastily hit import- ant business at home, and many left clerkships and unprovided families, with the assurance of an earh return. We have been THE CONVENTION OF ALAliAM A. "213 here now twelve days, in utter supineness and Indolence, doing nothing, and despairing o£ our doing any thing, The most intense diagUBt and dissatisfaction pervades the camp. We have had abundant time to put ourselves in an impregna- ble position, bat we have done almost nothing; Fort McRae, which is the second best position, is in our possession, but utterly neglected. For an entire week it was left unoccupied, and now it is occupied by one company of light infantry. Not a gun is mounted, though 150 are there) and among them three yery fine new columbiads. There is also there an abundance of ommu nition. From this letter. Mr. President, and from other sources of re- liable information, I am satisfied that these troops are becoming heartily discouraged at Pensacola, and if we persist in keeping them in this situation, we will l>e spoiling our best soldiers. Ma, Watts said : It is understood that the steamer Brooklyn, with two compa- nies for the reinforcement of Fort Pickens, has recently sailed for Pensacola. I las the Chairman of the Committee on the Military [Mr. Clemens], any distinct information as to the terms of the agreement spoken of] 1 am unwilling to trust implicitly to rumors of agreements. What is this agreement? Mr. Clemens said : I know nothing more of the terms of the agreemeni than what is derived from Senator Mallory's statements, before referred to. The gentleman [Mr. Watts] is right as to the sailing of the Brookh n ; but we ha\ e no certain information as to her destina- tion. Doubtless it is for Pensaeola. But we have no means pi preventing this reinforcement, The Macedonia is now in the neighborhood <>t' Fort Pickens, sic has. doubtless, before this time, reinforced the garrison at Fort Pickens. I have as little confidence in agreements with Mr. Buchanan as the gentleman from Montgomery has. I J u t we cannot, by keep* ing the troops in Florida, prevent these contemplated reinforce- ments. For this servie ir troops are utterly useless ;it this time, with such means as are at their command. Mit. Brooks, tic President, [Mr. Webb in the Chair,] Moved to amend by inserting after "Governor," the word.-, ••if, in his 21 J H I-I"i;\ 1KB DEBATES Of discretion, the public good should ro«jiiirc it." This, it seems td ne, Mr President, will reach the views even of those wl o seesa most earnestly to favor the passage of the Resolution. I do Dot profess to here military experience, but baring confided this mat t<-r to the Governor, I think it ougkl to be subject .-till to his dU- oretion and better judgment. It' this amendment he odopl the Governor can then be controlled by Mich eironmstances and exigencies ss may now Burronnd him, or as may hereafter ari&e. 1 was present [with Mr. Morgan,! at the interview between Mr. Mallary and the Governor. I am satisfied, from my understand- ing of the substai c*e of that interview, that it would be highly improper and nowise, now to withdraw the troops. [Here, Mr. Brooks stated hi- understanding of the interview -in the Governor ami Mr. Mallary.] In this interview, Mr. Mallary ami the Governor discussed the propriety of removing tin- troops. Tin' conclusion, as I under- stood, was, that it would !>>• improper now to withdraw them — lially, unless the Governor of Florida should recommend it. Mr. Mallary at first wished the troops withdrawn, hut changed his opinion. This change <>l Opinion was the result of a full in- gation of the subject. If thi- Cuii vent inn wishes to take upon itself to be the Command- er-in-Chief "f Our Military Operations, We will have a good ileal to do. Ifi conclusion is, that we should leave thi- matter with the Governor, in whose discretion we have already placed it. and in whom we have reason t<> place the utmost confidence. Mn Clemens -aid : The Convention may not Wish to take upon itself to lie Com- inamler in Chief of (nir Military operations, hut the Convention did take charge sf this thing. Our Resolution authorized the Governor to -end troops to Florida. This was against my protest; and if we have taken one WtOBg step, it is no harm to retrace it I have no objection to invest the Governor with all reasona- ble discn tion. There is no discourtesy meant towards either the Governor of Florida, or to the Governor of Alabama. This Res- olution has been postponed until to-day, in deference to the Gov ernor. A- to the suggestion of the gentleman from Mobile, [Mr. Dar «UI,] that if reealled they ought t" he sent back if necessary ; this would he improper. We will have nori^ht to send them hack TMR CONVENTION OF ALABAMA. 2 li> — no right to impose any new restrictions or regulations on them. They went without terms. Mr. Bkooks said: t withdraw my proposed amendment, and offer another, which J think will reach the whole matter: strike out the word "required" ;tml insert the word, "authorised." Mr. Williamson said: Mr. President — I have great regard for the opinions and wishes of the Governor. He is wise and prudent. If he thinks these troops ought not to be withdrawn, we ought to stand by him. If is already said that Fort Pickens has been reinforced. If we withdraw our troops it will be said that we have backed out, and the news will be heralded from one end of the country to the other — despiriting our friends and giving aid and comfort to our enemies Mn. Mokc.an said: Mir. PrttidecM — The proposition to withdraw our troops from Pensacola, involves many delicate questions of duty and policy, viewing it in every light. I am constrained to differ from the opinions advanced by the distinguished Chairman of the Com tnittee on Military affairs. Having no knowledge of military science, and no experience to aid, I can only decide for myself tin course we should pursue, by accepting one or two propositions in volvcd in the Resolutions as they address themselves to a man o< common sense. It has been stated, on high authority, that tin I>av of l'ensacola is so commanded by the forts and batteries in our possession, that no hostile fleet can enter, although it may be supported by the whole power of Fort Pickens. It is stated, also. that a war vessel can reinforce Fort Pickens in despite of any bat- teries we have the means to plant on Santa Rosa Island. If Fori Pickens has not already boon reinforced, it may be assumed as i fact, that it will be reinforced whenever the United States Govern- ment chooses bo do BO. Certainly, with a full trarrison, and with the assistance of a fleet that could sweep every approach by lam to Fort Pickens, the reduction of that Portress ma; • eted to terminate the war, if war ensues. This will be the Mai military operations, to 1 Ktended into Alabama, Qeorgia, and Mississippi, and even as for North as Tenn essee , and will be tin last position that we can take in the war. Our only hope of de- 2 1 <*i HISTORY AM) DKI1ATKS (>> fence in that quarter, oocsists in oar ability to prevent the intre- inotion of war ships into Penaacola Bay, and to prevent the land- 8 force on the main hunt in BUOb position as to keep ►pen oommanioations with Fort Pickens. Should sneb rbreeeffeol a landing, and secure Balances and Fort McRea, we would be at ■ . disadvantage, and might expect to be overran, until the line ►f the invading force should lie so weakened by extension, that aid break it. II' these are correct views of the question, it is a matter of the aeet importance that we Bhould hold our position near Pense- •nl.i at every hazard, and regardless of expenses To abandon the ts on the Bay, or to leave them open to attack, would lie to peril everything without anj corresponding advantage,-or any real •necessity. Two reasons have been nrged why we .should with- draw the troops. 'Idic first is. the pacific disposition of the Pres- ident, and the other is. the irregular manner in which our tn have been raised and organised for this service, tending, as \& ; d- ledged, t" cause them to be dissatisfied, and giving ground for ap- 11 that they may become demoralized by a life of wasting ivitv. 1 have as much faith in the paoific intentions of the President as could be inspired by frequent and positive assuran- i f peaceful intentions on bis part, and by several acts, which -ooHcr or later he has sanctioned, tending directly to war. 1 hope the President ifl pacific, hut faith shudders to plant its feet 00 un- certain ground. If the President and Cabinet, with their advie- iatend to keep the peace, they will add an agreeable feature to •i list of disappointments of a disagreeable character. Still, 1 hope for peace during the present administration, for no man plight willingly to commence war who cannot possibly conduct it conclusion, Mr. Buchanan ought not to bequeath to .Mr. Lincoln the opportunity to continue a war, or to conclude o peace ipOH terms disparaging to Ids reputation. Bui war exists at l'ensa- [oca, if the President) ox the Congress, chooses to r< cognise the fad , Our troops, under command "t the Governor of Florida, made wax in Commodore Arm&trong at th Navy Yard, and demanded its •surrender to the power of superior force. The United States flag hauled down, and another Bag was hoisted ami sainted. True, his was done in reply to a warlike movement on the part of Lieu- tut Blemmer, who destroyed what munitions of war he could lot remove, and having spiked the gueo in Barranoaa, retreated to Kort Pickens. Bat whoever opened the war, it. certainly was eouted until the Navy Yard wai surnemlered to the State of rida, and it is now held as a conquered post. The President bt conceive that it would he lawful and proper to attempt to TEIK CONVENTION OF AI.A11AMA. 217 retake the position, now in possession of our troops, by the die- play Qf a superior force — a demand and surrender. An 1 lie might signalize the fact by hoisting the United States flag when it iloated over Commodore Armstrong, in the place of the flag now floating over the Navy Yard. If our troops are withdrawn, and if Florida ami Mississippi should imitate the example, these posts Would at once be occupied by United States troops, and still no blood would he spilled. Once reinstated in that position, we might never expect to regain the possession of these forts and batteries from the I'. 8. t loops with- out great loss of life. Looking at the matter in tins light, I can see nothing but danger in the movement, if we now abandon tl forts, as we must do if our troops are withdrawn, I agree that the troops there now arc exposed to many perils incident to a gar- rison life-, and to the more serious danger of becoming disgusted with the service. I also agree that they are under no legal com- pulsion to remain there, and 1 am anxious to see their places sup- plied by regular soldiers, or Volunteers, for a fixed term of service, I doubt not but that many of those now at l'ensacola would remain fof a term of service, and 1 feel sure that not a man there would return home if he could know that his services were needed by the State. No duty would be irksome to them, if the State would he benefited. So soon as we can supply their places, they ought to be relieved. We owe it as a duty to these gallant men who suddenly answered the call of the State, ami took up the line of march for the service of the State with unquestioning devotion to its cause. lint by all means, and at every sacrifice, let US main- tain our ground at Pensaoola. The impossibility of maintaining our position there ought never to be admitted until wc have made every effort to that purpose. If an enemy can disembark troops at l'ensacola, accompanied witli heavy batteries. Mobile would soon fall into his hands, and Fort Morgan would be cut off from commu- nication with the interior. New Orleans would be an easy prey, and the commerce of the Mississippi would fall into his hands. If there is another point on the (lull', within striking distance of Mo- bile or New Orleans, where a fleet bould so successful I v disembark large masses of troop- and heavy guns, I am not aware of it. 1 take it for granted that if there is am h ■ point, the military skill of the United States officers would have placed it in a strong posi- tion of defense. I mu-t believe that the loss of our present fence.- a: Peosaoola would expose u to the greatest We will not advance the cause »f Peace by a retreat from the Fortifi- cations we have taken, nor by receding from the position «' sumed in demanding their surrender. If the policy of the United 218 HISTOID \NH HKIIATKS OF States is tn make war. if will not be Wanting in various pretexts to justify the coarse, [f the policy of thai Government is to be peace- ful, it will doI find occasion of offence towards us. because ire oo» itdered the conduct of Major Anderson at Port Sumter, and ol Lieutenant Sletnmer at Port Pickens, as a threat of war. I fully justify the course of Gov. Moure in seising t h.- Ports and A.reenah< in Alabama, and would feel vn \ happy to justify the Governor of Florida if ho had taken Fort 1 'it-kens even at the sacrifice of life. I impute no blame to him that he did not act more promptly, for wc well know that Florida wa> unprovided with Boldiers at the crit- ieal moment, and that Alahama was still banging suspended in douhtful discussion on the Ordinam f Secession. Aj the proposition, which I have advanced, to raise five hundred men by enlistment t" supply the plaees of the Volunteers now at Pensaeola, does nut meet the approbation of the Chairman of the Committee on Military Affairs, 1 wiH on to-morrow submit another plan, by which the existing Ordinance, in reference to military pre- parations in the State, can he extended to the protection of the coast defences of the Gulf, and so as to prevent or repel invasion in that quarter. M R. JxHISOfl said : I ana no military man. and for this very reason — for the satis- faction of myself and those who are not military men — it is pro- per that all military movements <>f this character should be sus tamed by arguments addressed to our common sense, so that even he who i> no( a military man may be convinced to his sat- isfaction. I saw no reason tin- Bending these troops to Florida, in the firsl place. The argument then Was, the Governor wishes it. Now. when we propose i" withdraw them, it isobjected to forthc same reason- - the i Jovernor objects t<> it. The condition of <>m- soldiers who are now in the Ports is dis- agreeable to them, and unprofitable to us and to the public ser- vice. They are powerless to do good and potent to do evil, just, and its consequence, idleness and discontenl pervade their ranks. Whj retain them where they can accomplish noth- ing 1 shall we sacrifice our young men, the very flower of the Country, merely for a little military parade.' I apprehend that there Is not now, with military men of judgment, any one who thinks of attacking Fori Pickens. There are not, enough men in the State of Florida and Alahama both, under the pic situation of affairs, t<> lake this Fort. THE CONVENTION OP .I.ABAMA. 219 li is ;is important to know when to fight as ii is to fight. \\Y began this matter wrong fool foremost. Let us retrace our steps, put ourselves right, so that we may be the better rea dv to meet the great issue when it comes. Mr. Brooks : Mr. President — I regret very tnuoh to differ in opinion with the Chairman of the Military Committee. But this discussion has confirmed me in my original opinion. I am surprised at the remarks of the gentleman from Tusca- loosa [ Mr. Jemison.] I think he does injustice both to the Gov- ernor and to the Convention. The troops were not sent to I'on- saeola at the request of the Governor of Alabama, but at the request of the Governor of Florida, through a telegraphic; dis- patch. The Convention acted upon its own convictions. The facts were adverted to. and all the surrounding cireunistances referred to in an elaborate and animated discussion. And it is the opinion of many wlio are best acquainted with the condition ot' things at Fort Pickens, that if' our troops had reached Pensacola twenty-four hours sooner, we might have taken the Fort. As it is. our mission was not fruitless — -if we did not get all, we got much — large quantities of arms and munitions ot' war. Sir. we have placed those troops under the charge of the Gov- ernor ot' Florida. Would he not have aright to complain should We thus unceremoniously withdraw them .' \nd if we do with draw them, what will lie the consequences ? The Federal troops will take possession of the places now held by our forces. Is this desirable 1 It is objected that there may lie lilood-shed. But the troop.s do not make this objection. When soldiers consent to go to the field of battle, they go with the expectation that there will bo bloodshed. I do not adopt the opinion ot' the gentleman from Tuscaloosa. [Mr. Jemison,] thai our troops in the Forts are disgusted and discontented. I have it from one who knows — from one who com mands a Company in one of Our Forts thai a different state of feeling exists; that the troops arc satisfied, and read) for duty. But, sir. at all events, the Governor of Florida ought to be advised of our wishes to withdraw the troops, in order that In ma) send his own to occup) the Forts. If we do withdraw the troops, We will OCCUpy a wrv awkward position, not only before th« people and Governor of Florida, but before the world. There is no rood reason for such a course BI8TOB1 \M' DEBATES OF it ihould not be done. Thea let the Governor <>!' the State have the discretion to do, in the premises, whatever circumstances ma) ant. M k. .1 SMI80M said : 1 have not mentioned the authority upon which I based my irk a as to tli«' present discontented condition of 1 1 * « - troops In the Forts; but I have as good authority .!•> the Captain to which the gentleman from Perrj [Mr. Brooks] has reference, and it' that gentleman will go with me, 1 "ill buow him the authority upon w hirii I spoke, .M k. Watts said ; hi Uabama a Republic or uotl Are wc going back into a Union wjth the Black Republicans 1 What is the meaning of withdrawing our troops from the Forts? What arc we toddl \r, we to abandon our positions 1 How are we to repel an) io- \iv we now to yield, as if without a struggle, to the power ol Buchanan, or of 1 5 lack Republicanism .' It seems ao tonic; for there is no proposition coupled with the one to withdraw, bj which the plans of these troops are to be supplied. Sir. we need Fort Pickens and we must have it at every hazard. Instead of withdrawing these troops, vi ght to send more, and carry on with the utmost rapidity «»ur fortifications. We must do this, or the world will vote us cowards. We havogol a small advantage, in the outset, and now it is proposed ev< n to abandon that! We must even withdraw from Fort Morgan, i I is said! Shall we give up Mobile, too ' li we arc to be led hack to I? lack Republicanism and reconstruction, let u^ know it. I do not wish e led hack blindfolded. The Forts in Florida are of more importance than the Forts m Uabama. Tbej are equally important to Georgia, Louisiana and Mississippi — much more important even than Fort Sumter. Florida is not in a condition to take her nun Forts, bj reason of her immense coast. We must help her; ami in helping her we lielp ourselves. We must nol act under the supposition thai the Southern Congress may do this or that. We do not know . the < Congress will do. M a. ' i i mi:ns said : M, . I -I have listened to the gentleman from Mont- room rj . [Mr. Watts,] with a greal deal of pleasure, as I always do; THE CONVENTION OF ALABAMA. 221 though it would be difficult to conceive a more complete misap- prehension of the subject than he lias exhibited. The question is not whether \\c can take Foi-t Pickens, nor yet whether we ought to take it. It is much more simple in its character, and requires for its proper understanding, neither military knowledge nor Learn- ing of any kind. It tea plain question of justice to men who have manifested a most commendable alacrity to obey the call of the State. The volunteers now at Pensacola went there under an order from this Convention, explicit and unmistakable in its terms. They were sent there to remain only faring the delibe «,■ of this body v-pon the Ordinance <>f Secession. In point of fact, that time has passed. By no rule of construction can il lie held to extend beyond to-morrow when our adjournment shall take pli Many of them abandoned profitable situations at home to obey OUT orders. Sunn- of them left families without the means of support during a lengthened absence. All of them went at a day's notice, and all of them were unprovided with the most com- mon necessaries for a campaign. Those necessaries have not been supplied l>\ this State, ur the State of Florida. Contrary to all military rule, the command was taken from their own officers, an I entrusted toa junior in rank. That junior, during a temporary absence, offered to them a still grosser insult,' by assigning the command to a Captain, lint all this has heen sulunitted to m a spirit of patriotic devotion, to which my military experience fur- nishes no parallel. They have served out their time. The period fir which flhey agreed to serve lias fully expired, and we are gravely deliberating whether we shall compel them in remain contrary to their wishes, and in violation of their agreement. . we are at the beginning, as I believe, of grave and long continued troubles. A\ e are entering upon a career in which the arm and the heart of v\cv\ soldier in the State will lie n seded : and it is an unhappy policy to begin by disgusting and demorali- zing the most enthusiastic of that volunteer army, upon which we --hid li- compelled mainly to rely for the defeni f our fire- side--. "i l;ave no right to keep them without their own consent. The\ w :it iiptin no terms l"it the provisions of an Ordinance, which has he,. 11 fully complied with. They ma\ shoulder their muskets to-tnorrow and return, ami there is no power lodged am « her ■ !<■ try them, and punish them \\>r disobedience. Their officers are without com missions from the State, or an) authority but thai vhich ha- been voluntarily confided to them l>.\ themen. The privates have taken no oath, signed no muster roll, and agn '2'2'2 HlST"in AMi ntUATKs to )i" stipulation. There i- nothing to prevent tlu-ir return but :i public 'lut \ . I gentleman from Montgomery complains that, in offering a raaolation to withdraw these men,] have made do provision to supply their plaa b. Sir, it was not necessary. I paid the gentie- man the compliment of supposing that he knew what thisCon^ « ion. <•(" which he is a distinguished member, had been doing. 1 oould not believe that he was ignorant <»(' the fact that the power o all which U ■ I"' done in the premises had been vest< d in the I bj the 5th S( < tion of the < Ordinance, rovide for the military defence of the State. The power ot' the Governor to aoot pt the Bervi< i number of volunt :'(>i- that, or am other which, in his judgment, may be ssary for the S.1 onlj limited l'\ the restriction, 1 they shall be accepted for a term not less than twelve months, unless sooner discharged. If a permanent occupation of Forts Barancas and M !.' tempfated, it would surely I" better that tfceir garrisons Bhould be composed of troops baving the longest term ofsi rvice Lo run. I cannot see the disgrace of sub stituting thi one for the other. Nay, more, sir, I c the disgrace of withdrawing them entirel) without any intentioi repla m by others. Tin dlj hold the Forts and the Navi Va (1 by sufl It is conceded that they ran be compelled Jo evacuate them in two hours, by the fire of bort Pick ens, aided by a man-of-war. Their. occupation of all their | tions depends upon the forbearance of their enemies ; and it strikes me that it would be more honorable, as, well as more prudent to •vith'i ■■:. , while a choice is lefl them, instead of waiting to be run awaj in disgra [dot feasibility of taking Fort Pickens by assault. I have opinions upon that point, which I may have another time. Wh.it I mean to asserl now is, that it is an absurdity to keep n force in position in front of a fortified place, and in poipt blank range of its guns, which i« powerless to prevent reinforcements, and too weak even to privilege, but nol at the expen ulity between white men, Saj to the man who li^lits your tics — bears the burdens of Government, that you hum vote nor be allowed a voice in the laws under which you arc to live, nor ever enter into competition with your fellown for ; of honor in the civil service of your ;»< I < * | »t . -« I eountryj and you upon liim the brand of inferiority. There is no longer equal- ity— the greal principle is violated — he is below his neighbor — ins commence— -classes are authorized by law, the bane . Democratic Republican Government, There is no proposi- tion clearer to my mind, than this — banish African Slavery from among us and you destroy Democratic liberty. For liberty un- der the f"i-m of a Democratic Government, without African Slavery, is in my opinion an impossibility. The necessity of so- ciety demands the discharge of menial duties. Those who shall discharge them, must and will occupy the position of an interior. I. • that inferior class be composed of the African, and the. equal- it} of the white race is maintained — otherwise, grades in Society will follow, firsl social then political, destructive not only of the form but the life of Democracy. White people will be divided Into a lower and higher class, liable to, and promotive of constant conflicts, and tending certainly to the disfranchisement and slave- rs of the menial or inferior class. Then let ns beware, and scrutenize closely any measure which looks to i he leusl difference *in political or social position bet« individuals of the white race. Whilst it is our duty to throw around the privilege of citizenship the. proper safe-guards, let ns be cautious thai we do not plant the seeds of aristocrary which , hereafter spring up and ripen into a fruitage of death to democratic liberty. Lei the true and onl} test of difference in ! or political life among ns be — "Worth makes the man. the want of it the fellow." Mr, Siiori &indi said : Mr. President — I am somewhat surprised at the reasons as signed \<\ in, friend from Mobile, [Mr. Dargan,] in opposition to the III Section of the Ordinance now before the Convention. The I'fFect of his argument is to deny the doctrine of expatriation, and to reestablish the old and exploded dogma of perpetual allegiance, as expounded in the common law. [lb-re Mr. Dargan asked and obtained leave to explain.] THE CONVENTION OF ALAliAMA. 2'2f> Mr. Shortridob resumed : I must confess that the explanation of the gentleman from Mo- bile has not tended to enlighten me. He lias rather thrown a denser fog around the subject, through the dim obscurity of which 1 am unable to sec my way. In addition to the arguments of the gentleman from Montgom- ery, [Mr. Watts.] in support of the fourth Section, it strikes me others may be urged. The question of naturalization or citizen- ship is a very different one now from that which agitated politi- cal circles in 1854, 53 and '.")(!. Then, the South a& the weak- er portion of the Union, might well look with alarm and distrust OQ the large title of emigration which was Sowing on the country, and which was diffusing itself over the North and West. Thus, the Abolition vote was increased, and the anti-slavery sentiment stimulated : and even in eases which denied the right of suffrage to the emigrants, they were, nevertheless, rated in the census, and indirectly became instruments to augment the power of the enemies of Southern institutions. Now, however, the scene is changed. We, of Alabama, have out the cords which bound us to the Union. We have no longer cause to dread the despotism of that majority, whose aim and end has been to stifle justice and liberty, and to trample on the Constitution. Our policy now should be to invito men to live with ue who are willing to fight With us. Wherever a whit*' man can be found — it matters little where born — who will enlist under our Hag and march to the field to defend our independence and our homes, he should he honored with the rights of citizenship. Some gentlemen have spoken disparagingly of foreigners. Sir, I would as soon trusl an Irishman or a Dutchman as a Yankee. Nay, air, I am pre- pared to make the avowal, that I could repose more confidence in the fidelity and patriotism of these humble men. than in thou- sands of those natives who lounge in the saloons or strut mi the streets of Bo8tOU. Then- is yet another reason which induces me to look with favor on the 4th Section of this Ordinance, It is this: the Gov- ernment at Washington, in the event of war, will attempt to Be- duce to its support, volunteers, bj offers of large bounties of lands. This policy is already actually introduce, I into Congress. We have no resources of a similar kind with which to invite re emits. But ue can bestow the high position of citizenship to such as b\ their Valor shall earn it. This is more than an oil's, t ; for it carries along with it the most valued privileges, both politi- cal and personal, which can be conferred. I hope the motion to stiike out will not prevail. 15 •J:>(; SDTOB1 \M> DKllATr.S OF Mi:. Wii \ii i.v said : Mr. President — Hie amendment of the gentleman from Mobile [Mr. Dargan] proposes to strike out the 4th Section of the Or- ilinance, and thus dew) the right of citizenship to those who shall actually enlist m the army of the State, ••and be engaged in ac- tual service" in the defence of her rights, Sir, it' we arc willing that they shall mingle with ns in the bloody field of battle, much more should we be willing, when the battle is fought and the vic- tory won, that they should mutually share with us the fruits of our common toil. Gentlemen have spoken of " paupers and criminals*" becoming citizens of the State, and il* a stranger had stepped in and heard this debate, particularly the remarks o| the gentleman from Mobile, [Mr. DarganJ he would have thoughl :he gentleman was making a " Know-Nothing*' speech, in his de- nunciation of foreigners, lint. Mr. President, in the language of Holy Writ, " yt>u shall not muzzle the ox that treads out the corn." If the\ have entered our ranks; and thereby manifested their adherence tooiircausc.it is hut a poor privilege that we ihould say to them, they may become citizens of the land the-, have helped to defend. Gentlemen say that persons may become citizens, who have entered our army and not served exceeding ten days. Well, grant it. If they have entered our army and been honorably discharged, that is sufficient. They have showed the quo animo: They have made manifest on which side of this great fight l>e- n the North and the South they are willing to array them- selves — in this they show themselves the friends of equality and justice in preference to fanaticism dm! Black Republican mhut- tion. 1 would infinitely prefer such a citizen. he he foreigner of pauper, to a Massachusetts Yankee, Or even to a Southern-horn citizen, whose heart is with the North in this trying issue. Then, away with the idea of disfranchising those. who have foughl with lis and for us, whether they arc foreigners, or "to the manor bom." We want men whose souls are with us, and whose hearts are in the right place. M !;. Watts said : Mr. President — Before the vote is taken, I beg to make a sin- gle suggestion; and that is, that many members of the volunteer Companies, which have just entered the service of the State, are foreigners. "Will you, at such a time, adopt this amendment, •nd thereby declare to these very soldiers, that, although thej nay go and fight the battles of the country, still, they shall no! lie citizens ? THE CONVENTION OK ALABAMA. 22! Mu. Heundon : Mr. President — Influenced by the remarks of the gentleman from Montgomery, [Mr. Watts,] just made, I shall vote against my own amendment. Mr. Smith, of Tuscaloosa, said : Mr. President — The views I have held upon the laws regulating naturalization have been considered as ultra. The reasons and arguments surrounding this question under a new Confederacy, in which will probably not be included an) except slaveholdlng States, will be materially changed. The pro- clivities of a foreigner's mind are always with the majority of the community in which he settles. The popular current controls him. If he goes amongst Free-soilers, he will have free-soil pro- clivities. If he goes amongst Slaveholders, he will have slave- holding inclinations. We have lived to see the greal North-west controlled by foreigners to a very great extent. The few that have settled in the South are true to Southern institutions. But, without touching the merits of the main question, the subject upon which I am now called to vote being only for the moment, and n<>t to settle the question of citizenship perma- nently, I am willing to say. that my stringent views, at all events, will now be relaxed, under the suggestions made by the gentle- man. from Montgomery, [Mr. Watts.] for I think that whoever enters the arm)' of the State, with an honest view of fighting for her honor and independence, ought to be admitted to citizenship. Therefore, 1 vote against the amendment. Mk. Webb said : Mr. /'reside/it — I do not agree with the gentleman from Tus- caloosa | Mr. Smith. J Thai a foreigner should be willing to en- list in the service of the State is not a reason sufficient to induce me to change my opinions on the great question of naturalization. I think that the foreigner who enjoys a residence in, and the pro- tection of, the State, and who refuses in time of danger to light •Or her. OUghl to be hung. d'iiis discussion was c mtinued som i time, when, upon the vote being taken, Mr. Herndon's amendment was lost. 228 DISTORT \M> DIBATtt OF DEBATE ON THE AFRICAN SLAVE TRADE RESUMED. Mr. Yklvbrtoh said : Mr. President — [do not flatter myself thai what ! am about t<> say, will i"eceive the sanction of 1 1 1 1 -- Com ention, or the approba- tion 01 thin age. We are beset with prejudices and preconceived opinions 'Hi nil the questions of slavery opinions, which, I appre lioiii it closely examined, will l>e found to have taken this origin from the arguments of our ettemiei — men and classes, who for years B8ve been industriously employed in the Bingle business of holding up this institution in aspects of exagerated deformity which have made it hideous in the estimation of mankind. Even the friends of this institution, as it exists amongsl us. have been more or less imbued with something approaching to preju- dice, on that particular branch of the Slave question which I am now about to approach. Most of von here will differ with me now— but I look forward with the fullest confidence to the time — and that no distant day — when I shall he vindicated, and the opinions I now hold and utter, will he the prevailing senti- ment of an enlightened nation — the decision of the whole coun- try, recognized and adopted after the maturest deliberation and the best experience. Sir, I am neither for the opening of the African Slave Trade now. nop for closing it forever. I wish to place the question in a shape to he settled hereafter bj our own pcoph — in our own councils, and in our own way. I here read an Ordinance which shadows forth my views, and which I would propose, if circumstances would allow. [Mr. Y. read as follow | : | S .1. Be it ordained and declared by the people of tin- State '. /;, it. further ordained, that all laws, organic or other- wise of the United States, or of the State of Alabama in conflict herewith, are, and the same is hereby repealed, so far as the State of Alabama is concerned. THE CONVENTION OK ALABAMA. 229 Sec. S. Be it further ordained, that a copy hereof be furnish- ed to the several Governors of the Shareholding States — and that a copy also be furnished the Southern Congress, soon bo assemble in the city of Montgomery, in the State of Alabama. It is said by some that the world is against us cm the Slavery question. My answer to this (tho' it is not conceded) is— that it' it be true, then, we ought cither to own all the Slaves, or surrender all we have in deference to the unholy prejudice of our acknowledged ene- mies. As oUf people are not for this surrender, let every man own as many as he is willing and able to buy — and let the market to which he resorts l>e open, free and unrestricted, so that the same laws of Trade that regulate the prices of other commo- dities, may regulate this. This question of Slavery is the rock upon which the < >ld Gov- ernment split: it is the cause of secession. Let us leave it no Longer doubtful, nor in a condition to bring our New Govern- ment into new troubles. In framing a new Govenment, let us avoid the errors of the old ; and we can best do this with success by laying our foundation in principle rather than in policy. I am wedded to principle. ^'Principles are eternal." Let our policy of concession and compromise, ever drifting and ever chang- ing, be forever repudiated by us. In the formation of this New Government everything should be well considered and thoroughly matured. Let us do what we mean, and mean what we do. Suppose the ljorder States continue to remain with the United States Government — especially the States of Maryland, Virginia and North Carolina? These three States have been the great Slave markets tor the CottOU States. If they stay out of the Southern Confederacy they will be as foreign to us as is Africa. We now pay them about as much for one negro as eight would cost us from Africa; and their slaves are no better tor labor. Here, then, we discriminate in theirfavor against ourselves. The discrimination would be hard, even if we remain theaame people. Again, would not our people, in the event supposed, feel indignant at being compelled to buy negroes from one foreign nation at exorbitant rates, and also he ( ipelled not /<> buy from another foreign market? This would he a very qualified and expensive liberty. We often hear, in tins and other places, the word Free Trade/ Sir, what is free trade without a/rw market f It is an absurdity. This discrimination t>. which 1 have referred, amounting to pro- hibition, is the veT) annihilation of Free Trade, and renders the term ridiculous. But it is said that we must pel the old States. I have > very 230 HISTORY AND DEBATES OP >r them, their interests, and even for their prejudices. I would yield them all courtesies, give them ;ill honor. Bui the idea, that if we close the door againsl all other Slave markets, we will thereby bind these old Slave States the more closely t<> us. and thus influence them to join us in the Southern Confederacy, K in im estimation, paying these old States hut a [ r compliment. It would be insinuating thai the mere matter of a slavi market would he sullieieiit to operate upon their minds and hearts in these great times — times when tin- minds and hearts of Freemen should only he moved by the spirit of patriotism and the cries of liberty. But the policy indicated in the Ordinance I would propose, (which no doubt is succeptible of improvements and amendments,) could accomplish everything we desire in a direct way. The State would he vested with power to o|ieii a trade or not, as circumstances might wan-ant. It 1 these old States come into the New Confederacy there would be no clamor for reopening a trade with Africa. Meantime, no action would be demanded by the people, and the question would rest. Now look at this question in another attitude : suppose these old States remain out of the New Confederacy and our people on Quit account should desire to purchase slaves elsewhere, and to he protected by law in doing Herein your Ordinance is a Constitutional harrier that ordinan legislation cannot break down; and I do not believethat such a barrier should he erected at this time, just as we are inau- gurating a new state of things. We know that slavery exists iii Africa, and that the African slaves for labor are equal to United States slaves ; that the mo- ney required to pay the United States for one will pay Africa for eight. We know that slaver) is a social, moral and political blessil L r . Wo know that the Bible speaks of Slavery as an in- stitution permitted : and that Jesus Christ, while on earth, found slavery in existence and did not condemn it, hut commanded slaves to he obedient to their masters; we know that neither the Bible or the New Testament has any decrees for slavery and Slave trade in one country and against it in another. From these promises ihe doctrine of States Rights, and the doctrine of free trade i:i Slaves as property, are deaucible. Your Ordinance, by restricting the privilege of buying slaves in Africa and confining the market, to the United States, seeks to prostrate at one fell blow, both these great principles; the prin- ciple of State Rights, in which all our public property centres, and the principle of FWi Trade, which controls the economy, and makes or unmakes the fortunes ot the people. THE CONVENTION OF ALABAMA. 231 Slavery and Cotton go hand in hand together ; they have pro duced wonderful results. Strike down Slavery, the subordinate, and your haughty "King Cotton,*' as you proudly call him — that monaoh who has been the great architect of our fortunes, and who has erected in our midst such a power that we have grown, in our own estimation at least, to be invincible — will dwindle into a petty tyrant, under whose embecile administration our grandeur will subside and OUT civilization will perish. I have ever befcn astonished at the shrewd Yankees for making war upon Slavery, since it is known that slave labor has built them up socially, nationally and commercially. JVbw they begin to see their folly; and as they go down — (which process will be rapid.) they will at no distant day rebuke themselves for having placed beyond their reach the power to regain what they have lost. It has been said that. Europe would not recognize our indepen- dence on account of slavery. This is a mistake. I have ever believed that the English are a calculating people, content to at- tend to their own affairs and let others do the same. They, too, are largely interested in the product of slave labor. They have not the weakness to believe that they arc responsible for our in- stitutions, any more than we are responsible for their forms of Government. We shall soon have the pleasure to know that the Government of the Confederate States is fully recognized by all the nations of the earth. Soon wc will be pointed to as the great- est civilization on earth ; we have all the elements to make us so. We are destined to extend greatly our productions, and to widen the fields of our labor ; and with that expansion there will be necessarily an increased demand for slave labor; and I can- not see the economy, statesmanship, wisdom or justice in throw- ing obstacles in our own way. By reference to the history of this question it. will be seen that in the year 1787, the South was the first to draw the dagger up- on herself on the slavery restriction. Doubtless from good mo- tives, but it was a policy, the effect of which in my opinion lias caused much, ifnol all the troubles which have followed. Since that time the Northern antagonism to Slavery has been gradual- ly increasing. It was regarded then as a means for its ultimate overthrow. Such great men of that day as Henry, Jefferson and .lay were associated with restriction, and Virginia more decid- ed then for emancipation than New York or Massachusetts. The Hon. T. R. R, Cobb, of Georgia, a member elect to the South- ern Congress, in his great book on Slavery, on this question and in this connection says: M So general was the feeling that the Or- dinance of 1787, which excluded Slavery from the Northwestern •y.',-: HISTORY AND UKOATM 01 Territory (out of which the present populous and thriving North- western States are formed,) was ratified by the firsl Congress of the United States, with bul one dissenting voice, and thai from a delegate from New York, the entire Southern vote being oast in its favor." I allude to this mors as ■ warning than as a reflection upon those concerned. The Government was then in its infancy : cotton had not been cultivated, and the great value of slave labor not tested ; perhaps, too, the influences which ■ more refined civilization, combined with the great powers of religion, had not shed their holy influen- ipon, and smeloriated the condition of the Slaves themselves. lint now the argument is not that slavery is an evil, nor thai slavery is not profitable, but the feaw that fanaticism will be en« raged; that slavery mag become a burden; that we ma) have many; and with some who have as man) negroes as they want and are rich by the high price of their property, it is urged that more and cheaper negroes, and a ncv market might lessen their estates in value, bj bringing down the prices of negr and making productions too abundant. It is thought that the increase from natural causes will be sufficient for all practical pur- poses; to that class of owners who are governed b) mere dollars and cents, this argument must be plausible. I5\ fax the larger proportion of our people who aid in bearing the burdens, both in war and peaee, may take different views. They are as loyal to the Government, and to the institution of daverj as arc the largest slave-holders in the Confederate States. The) are not as able to purchase — many, not able to purchase at all on account of the prices being too high ; the) ma) think thai the) have al least equal rights to a voice in this matter; and if they do not desire that other cheap slave markets may be opened at this time, yet they would doubtless prefer that the privilege to haw them >>/>'/<"/ hereafter would be secured to them. We have vast amounts of wild lands, which were unavailable, while prices were high, for tli'' poor could not pm-chase. liul statesmen became liberal, and reduced the price of these lands, by which millions have been enabled to secure homes for them- selves and families, who, before, were houseless and uncomfort- able. Here was a great inducement to the houseless to he in- dustrious and economical in order to enjoy the blessing. 1 have seen the good effects of this liberality. It is everywhere to be seen in the States where the public lands remained wild. I could now point out hundreds in luy section of thin State, and within the circle of my acquaintance in Florida, who were, before the grad» THE CONVENTION OF ALABAMA. 288 nation law, homeless, and in distress, and who arc now comforta- ble, making plenty ; adding to the wealth of the country, educa- ting their children, and enjoying all the blessings of comfort and independence ! These people feel a new pride, and take an additional interest in all that concerns the general welfare of the country; This class of citizens could soon save money enough to go into the slave market ; and becoming slave-holders, would thus have an actual pecuniary interest in slavery. I could offer many other reasons why the question itself should be left to the people of tic States tb p their own control in future, and upon such terms and regulations as might best suit their con- dition. Slavery, like great financial affairs, can as well be regu- lated by time, place and circumstances. No one would think of banking in a community where, from a want of trade, money would not l»e profitable. Nor will people buy negroes at any price in time when slave-labor will be valueless. Those who cal- culate upon too much being produced if slavery is increased be. yond natural causes seem to overlook the increase of the white population from natural causes also; and the increased demand ahead of us that must come with the necessities of a growing population. They also seem to forget that slavery may lie worth something for other purposes than raising cotton. They lose sight of the great moral effect, and seem to hold, that ('bristi- anily does not require us to teach the lessons of the Bible, and explain the effects of Christianity upon the poor slave, except when profit follows. But we are told that the subject may rest very well where it is; that our Convention will refuse to pass the Ordinance which absolutely forbids forever the reopening of the African Slave Trade, and will only pass Resolutions requesting Congress to pass such an Ordinance as would prevent it; ami that it is ex- pressed in the Resolutions that this is from public policy . Still, 1 would prefer not giving any advice at all to Congress on this subject. Let us remain silent, unless we pass such an Ordinance as the one 1 have read. This Southern Congress will doubtless l«e composed of the wisest and beat men in the, South — represen- tatives from every section of the cotton States — men who are deeplj learned in the wants of the South ; of wide experience in practical legislation: to these great spirits of the land, meeting together for the grand purpose of combining their knowledge and intellectual powers to build up a new nation, and to develop the vast resources of this great people, let us leave this vital ques- tion. Whatever my own private views may be, I should yield to their better judgment my hearty aoquiesoenoe, though 1 might then be unwilling to surrender my opinion. 234 BWTOBl \M' DEBATES « >K It may be, that under a new Constitution to be formed by the Southern Congress this prohibition of the African 81avc Trade may find a place in the organic law of the Confederacy. If this — ) i • • 11 1 1 1 bo the ease, aa a Loyal citizen, I anal! abide by and aupport till, we naaj expect thai same Constitution to provide a mode by which it may l>e changed. \\ batever mode that ma\ be, whether by two-thirds, or bj Conventions of the States, I liavc the fullest confidence that the day will come when the peo- pie will demand a change. I predict, sir. that the time La not far distant which will develops such a state of affairs that the reopen- ing of the African Slave Trade will be considered as essential to the industrial welfare and prosperity of the cotton St It" this occasion authorized it. I could Buggesl a plan for the ins- iful reopening of thia Trade; but the plan would bo consid- ered out of place, until the country is ready for the Trade itself. I. therefore, leave this for the future. I said, in the beginning, that I spoke on this occasion without the h"]>e "t' being able to pi-", hue conviction here. But the in portance of the Bubject demanded of mean expression of opin- ion. Whether this opinion is wise or unwise, only the futun decide. M\ reputation with posterity is of small importance when compared to the grea1 Interests of this the greatest people on the lace of the earth. Whatever is best for them is best for me; so that, it' my views are overruled b) you, I shall still look tor mj consolation in the anpertcr wisdom of your decr< M > Stow aid : Mr. Pret ideal — The Resolutions of the gentlemen from Lau- derdale, | Mr. Jones,] instructing our Delegates to the Southern Convention to insist upon die enactment of auch restrictions as will prevent the reopening of the African Slave Trade, meet my heart] approval. The) go sufficiently far to accomplish the Ob jeot desired, and yet are not liable to the misconstruction which might !"• placed upon the Ordinance reported by the Committee. I am in no humor, at the present time, to do an) thing that could even be tortured into a concession to the anti-slaver) fanaticism of the North. The Southern States will soon lie in council to deliberate upon a Constitution which is to recognize and prot the right of propert] In slaves, and I am unwilling, at the ver) beginning of our existence as a pro-slavery < confederacy , to incor- porate into the organic Law of our State Language that would cer- tainly be construed Into a condemnation of the principle of slave ry. Sir. in a moral point of view. I should feel no more hesita- THE CONVENTION OF ..LAB AM A. 235 tion in the pnrchase of a slave upon the coast of Congo, or in the kingdom of Dahoney, than 1 should hi the slave markets ot Richmond. The morality of slavery is settled by Divine Law, and with that decision all should be satisfied. So far as the Afri- can himself is concerned, the Trade that removes him from a land of ignorance and spiritual darkness to a land of civilization and Christianity, is certainly a blessing to him. He is found a wild, lazy cannibal, and is converted into an industrious and useful member of society. It is upon grounds of public policy alone; it is upon the idea thai it might be disastrous to Southern inte- rests, that I base my opposition to the reopening of the African Slave Trade. That Trade would introduce a vast number of ad- ditional laborers into our Southern cotton fields, which would increase greatly the production of cotton, and necessarily depre- ciate the price of the article. The great danger to which the cot- ton States especially are subjected, is an excessive supply of cotton, to be followed, necessarily, by low prices. If we were to employ in the culture of cotton in Alabama double the num ber 01 hands now employed, the effect would be to double the production and to reduce the price of the article one-half. The price depends upon the demand, and this demand will continue the same, whether you import Africans or not. An over-stocked cotton market is always followed by low prices; but when the supply falls short of the demand, the price rises. It is the Inte- rest of oar cotton planters that the price should be kept high. He produces the article for sale. Other nations are interested in obtaining cotton at the lowest prices. England is now endeavor- iug, by every means in her power, so to increase the cotton sup- ply as to glut the markets of the world, knowing that she can then buy the article at her own price. This British policy of increasing the supply of cotton would be ruinous to Southern interests; it would make OOtton a drug in the market. Instead of being King, it would become a beggar. Sir, we should be careful to do nothing that would depreciate the value of the products of slave labor. We should keep the institution as pro- fitable as possible, for there lies its permanence and safety. Hut it is argued, Mr. President, that the reopening of the Af- rican Slav.' Trade would so reduce the price oft bring them within the reach "f almost every man among us. and that the institution would thus be strengthened by having more persons interested in its preservation, it is true, sir, that low prices illicit increase somewhat the number of slaveholders, but still, the large planters and capitalists who own most ot' the rich and productive cotton lands would become much the largest pur *23('» DISTORT AND DKI!ATi:s OF chasers. High prices would give much more strength t.> the institution than low prices, because, as you reduce the value of the slave, you reduce the pecuniary interest which the master has in his slave property. If the valueof the slaves in Virgiuia were now reduced one-half, the slaveholders of thai State would listen with much more patience to schemes for general emancipation. It was when negroes were low that emancipation parties were organized both in Virginia mid Kentucky. Hut when the price of this property rose, ami when the institution came t<> represent so vast an amount of the wealth of the State, it became the inte- rest of all to sustain and defend the By stem. The high price of -laves is the best security against the overthrow of the system. We have. then, too deep a pecuniary interest in this property not to lie true to it. The State will then protect it. because it repre- sents so much of the wealth of her citizens. The theories and schemes of fanaticism will fall before the substantial pecuniary interests of the State. The great Btrength of the inhabitants is in its value — its value to the .owner— its value to the State— its value to commerce, to manufactures and to civilization. Hut if you destroy that value by reducing the prioe of the products of slave labor, and by reducing the price of the slaves themselves, you thereby destroy the strongest safe-guard that surrounds the institution. Hut, Mr. President, the Southern Confederacy has at present no unoccupied territory to which the institution of slavery may ■.tended. Whether it is to lie our policy to acquire territory beyond the seceded Stales, remains to lie seen. If our limits are to be circumscribed, ami we arc to have no territorial expansion or outlet, then to increase the number of our slave population by importations from Africa would be disastrous. Should the border States refuse to join the Southern Confederacy, the intro- duction of slaves even from that quarter should be strictly pro- hibited. Our slaves from natural increase alone double every twenty-five years. From that source, in twenty-five years, we shall have in Alaliama near a million of slaves. With such a dense slave population within the limits of our Slate, if the num- ber was sfdl to he increased by importations from Africa, it would soon require all our best lands to produce a sufficiency for their subsistence. Much of our best soil would become exhaust- ed in furnishing :i subsistence tor such a population. Slaves would become a charge upon their owner, and soon we would he compelled t<> emancipate them. It is true, Mr. President, that the interests of the South may demand territorial expansion, tdr expansion seems to be the law THE CONVENTION OF ALABAMA. 237 :iti«l destiny and necessity of our institutions. To remain health' ful and prosperous within, and to make sure our development and power, it Seems essential that we should prow without. Ar- izona and Mexico, Central America and Cuba, all may yet be embraced within the limits of our Southern Republic. A Gulf Confederacy may be established in the South, which may well enjoy almost a monopoly in the production of cotton, rice, sugar, coffee, tobacco and the tropical fruits. The trade of nil tropical America, combined with that of the cotton States, would make our Confederacy the Wealthiest, the most progressive and the most influential power on the globe. Should the border States refuse to unite their destiny with ours, then We may becompelled to look for territorial strength and for political power to those rich and beautiful lands that lie upon our South-western frontier. Their genial climate and productive soil ; their rich agricultural and mineral resources, render them admirably adapted to the institution of slavery. Under the influence of that institution, these tropical lands would soon add millions to the commercial wealth of our Republic, and their magnificent ports would soon he tilled with ships from every nation. Slave labor would there build up for the Southern Confederacy populous and wealthy States, as it has built up for the late Union the States of Georgia, Alabama, Mississippi, Louisiana and Texas. To do this with sufficient rapidity, it is sometimes argued that more slave labor will be required, and that the reopening of the African Slave Trade will become a necessity. But we have as yet added no ter- ritory to the seceded Slates, and it is doubtful what will be our policy as to the extension of bur limits. Mr. Yantkv said: Mr. Pretidewt — No subject has been brought before this Con- vention, apart from the question of Secession, which is at all com- parable to this in importance. Without reference to its social and political aspects, it is of immense interest. It touches every point of the circle of our industrial relations. It affects, in some decree, an almost inconceivable value in property in this State — probably one thousand millions of dollars worth in slaves and land alone. A question BO vast and profound, must command the most serious consideration ; and I should notdo justice to myself, Mr President, were 1 to permit the vote to be taken without defining my position upon it. When a question in the lata Union, few public men took more pains to be understood upon it, than myself; yet no public man has ever had so little benefit from his own clearly defined po- IHSTOKY ASH DXBATXC sitiuiis. 1 hope, then, I shall be patiently heard here; for, from this stand-point, speaking as a representative of the people to the people in ('(invention, and probably for the last time aa a public man, I may hope to he understood — and n-p loo misrepre- sented. This subject first commanded my serious consideration when it was brought up in the Southern Commercial Convention in I - At the previous annual meeting of thai body at Knoxvilie, my name was placed on a Committee, which was to report upon the expediency of reopening the African Slave Trade to the Conven- tion, which was to meet in this place in May, 1858. I had given no authority for, nor assent to, this appointment, and knew noth- ing of it. until J saw the fact stated in the newspapers -for I was not a member of that Convention, and, indeed, had never attend- ed any of its sessions. When the Convention nut in Montgomery, the Chairman, Mr. Spratt, made a report from that Committee, elaborate in its argument, which recommended the adoptiou of a resolution declaring it proper to reopen the African Slave Trade. Such a report, in parliamentary consideration, is taken to be the report of every member of the Committee, unless the dissent of a member is expressed in some form. 1 had never attended a meet- ing til' the Committee — had never had an opportunity of consulting with it — knew nothing of the report until it was read in the ('(in- vention. Not concurring in the conclusion arrived at by the Com- mittee, a necessity was at onee imposed upon me, to take position upon the question; and I asked the Convention to allow me, until the next day, the privilege of presenting a minority report. The Convention acceded to my request, and on the next morning, 1 presented such a report, which 1 now read : MINORITY REPORT FROM THE COMMITTEE ON THE AFRICAN BLAVE TRADE "The undersigned, one of the Committee appointed by the late Commercial Convention to report upon the subject of the African Slave Trade — not having had time to read and digest the report of the Chairman — submits the following as more specifically expres- sive of his own opinions. The distinctive feature which characterizes Southern industry is slave labor. Before the formation of this Government this fea- ture was a characteristic of Northern labor, in a limited though practical degree. This species of labor was recognized by the Federal Constitu- tion, and one of its provisions [Art. 1, Sec. 9, paragraph 1,] ex- pressly provides against the passage of any law prohibiting the for- eign Slave Trade, within a given period. THE CONVENTION OF ALABAMA. 239 In the year 1807 this trade was declared by Congress to be ille- gal, and in 1819 an act was passed to send national armed vessels to stop our vessels from engaging in the trade, and in 1820 an act was passed declaring it to be piracy. The effect of these laws have been to restrict the expansion of this peculiar species of Southern labor, by the usual laws which govern trade in all other species of property, and to keep down the price of Southern lands ; while Northern labor, in addition to its own natural increase, has received the stimulus of an average emi- gration of white labor, in some years reaching as high as half a million persons. The operation of this law has been a direct governmental dis- crimination against the South on this vital question affecting its prosperity — its labor. The act is, in the opinion of the under- signed, but a part of that system of discriminating laws, which, affording bounties to Northern industry, have been restrictions up- on the industry of our own section, and which have enriched and built up one section, while they have been as shackles upon every effort made by the other to rise to uational prosperity. The spirit of these restricitive laws has passed into and become the leading idea of a powerful and most successful sectional ma- jority, which declares that no more slave States shall be admitted into the Union. Without expressing any matured opinion, in the views submit- ted, as to the expediency of roopening the slave trade, the under- signed believes that the laws prohibiting the foreign Slave Trade are in violation of the spirit of the Constitution, and are unjust and an insult to the South, and, therefore, ought to be repealed ; and submits for the consideration of this body the following reso- lution : Resolved, That the laws of Congress prohibiting the Foreign Slave Trade ought to be repealed. " W. L. YANCEY. Such, then, is the record of my position in the Convention — showing conclusively three things : 1st. That I had no part in introducing the African Slave Trade issue into the Convention. 2d. That I expressed no " matured opinion" as to the policy of reopening that trade. 3d. That the only position which I urged the Convention to take was to resolve " that the laws of Congress, prohibiting the Foreign Slave Trade ought to be repealed." 2 K) anrroM \sn dbbatsb ok [id mediately after the adjournment of the Convention, Mich ■ wide-spread misrepresenttoo of my eonne on that rabjeot prevail* ed, that i friend requested me to give a pnblio refutation of them. I did bo, iti a letter to Mr. Thomas J. (Irmo, dated May 24th, 1858 I read an extract or so from that letter : MoNTOomsr, May 2 1. I v 3 i/,-. Tkoma* ./. Omit : Sin — I received \<>ur note of the 20th iust., a lew momenta since. My opinions <>n matters of public In- terest are always at the command of my countrymen ; and as it is quite uncertain when the official report of the proceedings of the late Convention will appear, I will give you my views in brief ou the matters you propound. 1st I did not introduce the subject of the African slave Trade into the late Southern Congress. * :■: * * * * When tin' Convention met at Montgomery, the Chairman of that Committee, Mr. Spratt, made an elaborate report in favor of the reopening of the African SUve Trade I had never read it, nor knew cl' its content-, until it was read in the Convention. The presumption is that all members of a Committee approve of a rc- port.unle~-.ihcy express a dissent. As I was not prepared to give an unqualified approval or dissent to all the arguments and propo- sitions of that elaborate paper, justice to myself required that 1 should explain my position on that question . and on the next morning 1 wrote and submitted a brief report of suoh view- on the subject as 1 had formed an opinion upon, ami upon which 1 WSJ prepared to stand. 2d. It will be seen by reading my report, that I neither recom- mended or disapproved of the reopening of the u'riein Slave Tradej in which, in reality, I have not matured and fixed opinions, but to which my mind is favorably inclined. What I did recommend, was simply the repeal of the laws of Congress making the Foreign trade in Blavcs piracy, on the gron'nd, ohii fly, that these laws Stood nil the Statute hook as a direct con- demnation by our own Government of the institution of slavery, in its moral and BOoial aspects; and indirectly operated to restrict our political power. In making this recommendation, my care was not so much for the African Slave Trade, hut was to strip the Southern ship of State for buttle ; to furl and cut away every sail that would impede her movement ; to cast loose every rope that would he a drag upon her progress. We have now the moral condemnation of Christendom Upon US We have, since L807, home the Stigma placed upon US our own Government, making foreign trade in slaves THE CONVENTION OF ALABAMA. "241 a piracy. We have, since 1851, had the stigma of Congressional laws placed upon the internal Slave Trade, also ; a law which makes a slave free, it' a citizen of any of the Southern States should carry him to the District of Columbia for sale. Repeal the laws of Congress, and the States would each preserve the power to allow or prohibit that trade. I am for repealing those Congressional laws, and for leaving the matter to he regulated by the States themselves. T expressly disclaimed any desire to make an issue upon this matter in the South. 1 have no such desire. Hence I did not press the matter to a vote. * -x * * * * * * * * Neither am 1 for making the issue of disunion now upon the African Slave Trade, or any other question ; though individually prepared for the issue, when the South shall deem the time has- arrived to resist the accumulated wrongs of half a century of hose tile legislation. I expressly disclaimed such intention in the late Convention. * * % ft * ft *■ * -..- * Yours, &c, W. L. YANCEY." The Southern Commercial Convention met again at Yickshurg, Miss , in 1859. 1 was not a member, hut that Convention, from motives doubtless of the kindest personal consideration, appointed me to deliver an oration before "' an African Labor Supply Asso- ciation" at Mobile, in the event of the failure of .Air. Spratt to do so. The first information I hi 1 of this was in the columns of a newspaper, and I at once wrote to Prof. J. B. D. DeBow, President of that Convention. 1 read that letter: " Montgomery, Ala., May 2o*d, L869. '•./. II. l> lh /,*.//-. /•;.,/., \. ir Orleans : Deah Sib — I see by the newspapers that an African Labor Supply Association was formed at Vicksbarg, just after the adjournment of the late Southern Con- vention In the published proceedings I also notice that Mr. Spratt was selected to deliver an address at the next meeting of the Association, and I was chosen as one of two alternates. The Constitution of tl <■ Association aa it appears in the public prints, is indefinite as to the designs of the Association, or, I should rath- er say, aa to the manner in which it will promote the supply of A Irie.in labor. "1 therefore address you, as the President of the Association, and request of you a lull explanation of the aim- of the Association, and of the moan-' by whieh it is to be obtained. Particularly 1 desire to be informed whether the Association, in the event that 248 BISTOB1 AND DKBATKS OF the laws of the United - dust the importation of Afri cannot be repealed < >r declared unconstitutional, designs eoarage the Slave Trade between this country and Africa, Cuba and Brazil in vi sne'ctfaHy, • \V. L YA.M'KY " To thi> enqnirj I received such a reply, that I deemed it proper publicly to restate my position on this question ; and I did so, in a r to the editors of the Montgomery Atloertuer, a part of which I will read : u Moa tt«E1 . -lime 13, 1859. "Mektrs. EdUort — I enclose for publication the within correspon- dence, as conflicting views ami misapprehensions have been ex- jsed, in regard to the objects of the formation of the African Slave Labor Supply Association. " I was imt present when this Association was formed, and was not consulted either in reference to its aims or to my selection as one of the alternate orators. While I am grateful for this evi- dence of esteem and confidence, it is but due to the Association and to myself to say, that 1 am col prepared', at present, to go farther than is justified by the minority report and resolution upon the subject of the African Slave Trade, made by me to the South- i in Convention when in session at this place, in May, 1858, and which was, in substauce, adopted by the same body, recently in in at Vicksburg, by a large majority. * '•Whether the African Slave Trade shall lie carried on, should not depend on that ( loverniiient, but upon the will of each sla\e- holdiiiir State. To that tribunal alone should the question be sub- mitted ; and by the decision of that tribunal alone should th, Southern people abide. " Your- Respectfully, << \V. L YANCKY." But even this was not sufficient to stay the tide of misrepresen- tation, upon which a class of public journalists and small politi- - Bought to maintain a popular existence; and hence, the pub- Bar was yet vexed with them — not to keep me out of office — I was 00 candidate, and had not been for twelve years or more) — but to undermine any influence which 1 might exercise in favor of the spread of enlightened and elevated views of all questione Cting Southern interests — a policy which mere politicians have felt to lie destructive to their selfish aims for the last few years. — lleliee, a friend in the county of Tallapoosa wrote to me, and call- I for another expression of my views. I at once rejdied to him j and 1 read the closing paragraph from that letter: THE CONVENTION OF ALABAMA. 243 " MONTGOMERY, June 16, 1859. "JamesD. Meadows, Esq.— Dear Srft; • * ' * * As to reopening the African Slave Trade, that is a grata question of tlie highest political and economic import, and should be decid- ed alone by the several States — each lor itself, and with reference alone to the industrial interests of each. The time for its decision has not arrived ; and as I have formed no opinion upon its expe- diency, with that though tfulness which its great importance de- mands, 1 will not discuss it here. " Very Respectfully, " Your fellow-citizen, «W. L. YANl'HV." This review of my past policy on this subject, must be conclu- sive to all candid minds, on several points — First, That while " favorably inclined" to the revival of the Af- rican Slave Trade, I have never expressed any '• matured opinions" on the subject, nor advocated it. Second, That the only policy proposed by me, was a repeal of the laws of Congress prohibiting said trade ; not for the purpose of giving license to it, but because they were a Federal condemna- tion of the institution of slavery. Third, That its allowance or prohibition was a question which each State should decide for itself. The key to my course on this question will be found, Mr. Presi- dent, not in a disposition to encourage trade in African slaves, but in a determination to do all in my power to check the free-soil tendencies of the Federal Government, and to place the South in -ion of all her offensive and defensive resources. Fxamine for a moment the progress and the position of slavery, and the warfare upon it, previous to the Ordinance of Secession. Previous to the Declaration of Independence the African Slave Trade was in full operation — recoguized as legitimate by the whole civilized world — carried on by Kings and Princes, as well aS by the more ordinary trader — sanctioned by the laws of nations — pro- tected bj the courts, as we!] as by fleets, and the negro was a slave in all the original British Colonies, n well as in the Spanish and French possessions in the Western Hemisphere. In the new or- der of things instituted by our ancestors, this institution was left as they found it. Though they struck the shackles from the white man, they sanctioned them upon the limbs of the African race. Reoogoizitig the fact that there were two distinct NICCfl of human beings here — and that they had existed distinct — the master and the slave, since God's curse upon the children of Ham, they pro- vided for the perpetuation of that distinction as being right, both 2 I I HISTORY ASH 1'hi: VI KB OS politically and morally. The Declaration of Independence broughl Freedom, with its guarantiee of self-government, and of the writ of habeas corpus, and trial by jury to the white lace alone. The Articles of Confederation were based upon this order of things ', and the Federal Constitution, designed is s " more perfect Union, hut perfected and perpetuated the great distinction. It was made by our ancestors, in their own expressive language, "to secure the blessings of liberty to ourselves ami our posterity." It was found- ed on the inseparable and divinely instituted relation of freedom to the white man and slavery to the black man, of a political, civil and moral distinction, between the destinies of the children of Ham and of the descendants of Shem ami Japheth. The Consti- tion is an Organic human utterance of the Divine decree — "Cursed be Canaan ; a servant of servants shall he be unto his brethren." It is true, that the germs of Abolitionism were even then to be found in the policy of Virginia and Maryland j but it is equally true that this policy did not prevail. The debates in the Conven- tion were based upon utilitarian, and not on moral views of the question. [I insert here extracts of the debate alluded to in the sjici ch. ] 1!\ reference to Madison's papers, the draft of a Constitution •will be found, aa reported by the Committee of Detail. It did not provide for a prohibition or tax <>n the importation of slaves. ( )n this a debate sprung up. 1 quote from that debate the views of leading delegates : Mr. L. Martin, of Maryland, proposed to vary article 7. section ill not be prohibited by th prior to the ; 1808." What doea thai mean? fs it an iu- juuetion or command on ' longress to prohibit afb r I v,,v I [ear- I) not. it Is onl j an injunction on Congress that il shall 1 1* • t prohibit between the date of the formation of the Constitution tho year 1808. is it a prohibition after the y< Ifi arl) not. It is onl) a constitutional guaranty up to the year 1808. It docs not declare that the trade shall be prohibited af- :• r the year 1808, onl) that it shall ii"t be prohibit* '1 before that time, (f Congress had seen tit to pass no law upon the subject after the year 1808, who could have complained that Congress had neglected ti> perform a constitutional duty? Tin- object of this argument is not to prove that Congress had no power to prohibit that trade after the year 1808, though, in my <>]>ini"ii. h were an easy task to Bhow, b) aid of the tenth amendment ["the powers not delegated to the I nitcd States by the Constitution nor prohibited b) it to the States, are reserved to the State-, respectively, or to the people,"] that the clause pro- hi biting Congress frpra the exercise of po\> < r, is clearl) not a dele- gated power; and not being " prohibited by it to the States," is as clearly a power "reserved to the States respectively, or to the people thereof." But my object is to show that the framers 1 t that instrument, so far from considering the foreign trade in slaves an evil, either morally or politically, considered it political and an industrial blessing; and they acted on the belief that after tho year 1808 the) would nol need it. They argued the need of mure slaves, and sanctioned their importation until the year 1808. And even it' thej assented to its prohibition then, it was nol be- cause the trade was a moral 1 r political evil, but because, in their opinion, the industrial wants of the South would then be supplied. The) argued the "inequality" of forcing South Carolina and Georgia to buy their slaves from Virginia, when the) could be had cheaper from Africa. The) based their action on circum- scribed views of the neceasit) for more slave labor. They wisel) determined nol to cripple the growing prosperit) of the South, but to give to it as many slaves as the South, in their opinion, needed. They made no discrimination between slave propertj and jackasses or silks, so far as "importation" was concerned. The) allowed South Carolina, and slave buyers, " to buy where the) oould buy cheapest." to bu) in Africa or Virginia, as they thought proper, upon the principles of free trade. I turn now. Mr. President, to another branch of this subject. Tho framers of the Constitution, in the. same article which pro- hibits Congress from interfering with the slave trade prior to THE CONVENTION OF ALABAMA. 24? 1808, delegated to the Congress the power "to define and punish piracies and felonies committed on the high seas, and offenses against the law of nations." I desire to raise the question : What did they mean — what was the intention of the trainers? Surely they knew what were piracies and felonies, and the law of na- tions ? As they Were traders in slaves — -as they bought African slaves — as they eucouraged this foreign trade by making a dis- crimination in its favor, which they made, in favor of no other trade (refusing to permit Congress to prohibit it for twenty years), as they guarded it against even an amendment of the Constitu- tion, surely the\ never dreamed that the foreign slave trade was either a piracy, a felony, or an offense against the law of nations, or that it would ever he so considered by the Congress. And - assuredly they never gave to the Congress power to declare l! al to be a piracy which they had so often done, and which they de- termined should he constitutionally done for twenty years longer. Consider the character of piracy. It is the most offensive form of crime. It involves all other great crimes — murder, rape, rob- bery, treason. The pirate's hand is against every body, and every one's hand is against him. Could it be within the range ol probability that our ancestors designed that Congress, the da\ after the twenty years of protection to the slave trade had ex- pired, should declare that they had indulged in and protected a trade so offensive, so henious, so abhorrent to the law of man, ol nations and ol' God, so assimilated to murder, rape, robbery and treason, that it might then be. declared and punished as piracy .' Why. sir, the very pen which wrote that delegated power, doubt- less wrote that prohibition of power; and the power, when dele- gated, was as lived, immutable and unchangeable when first writ- ten, as language and thought could make it. When delegated. its extenl and scope were fixed, and could be no greater then than now. can be no greater now than then. The power to declare and punish the foreign slave trade as piracy, was either 'hen del- egated, or it was not delegated. If it was then delegated, the Congress could, at the first session, have declared that trade to piracy. That it could not do that, however, is clear, from thi clause guaranteeing the trade against such legislation. The Con- 1 no BUch power when the Constitution was f. »rn It was not then delegated. Xow. sir. the Tenth Article A mendments to the Constitution, Bays that "the powers not d aited States bj the Constitution, nor prohibited h\ it to the Slater, an I to the Slates respectively, "r bo people." If that power was not then I, it was " res to ti. St e]y. or to the people." And I now . _'l v IllSToKV AN!) DK.lt \TKs OF when, and where, and how the States or the people, since then, have parted with thai power? A i ■■ 1 y< t. in 1820, the Congress enacted a law declaring the for- eign glare trade to be piracy, and punishing it as such. The spirit that gave birth to it was the spirit of abolition, then in the idant, a spirit which, while thus condemning the fountain-head of slavery to be a great and henious wrong, :i moral and a politi* \il — while tlms shutting off the increase of slaver) from the . by a violation of the Federal Compnot, triumphantly turned to the West, and planting itself on the Western borders of the States, imperioush demanded that its expansion should cease, and thai no more Slave States should be admitted into tlie Union. sir, the same Congress that violated the Constitution by classing the African Slave Trade as a Piracy, also violated that instrument by the enactment that no more Slave States should be formed out of the common ]>u!>lie domain lying North of the Missouri Compromise lane. Abolition, tlms triumphant, wielded a double-edged sword against our institutions. Migration of ry from the Easl was pronounced to be piracy — emigration of slavery to the West was forever prohibited. Who dares, at this dai . to contend that either measure was right in itself, or was i How at slavery itself:' Certainly no friend of the institu- tion can be found to do BO. V.d yet, Mr. President, a delegate in this Convention [Mr. Posey, of Lauderdale | has asked that the foreign slave trade shall be pronounced by this body to be felonious; and another dele- | Mr. Jameison, of Tuscaloosa | has made % motion to strike out of the amendment proposed by the junior delegate from Lau- derdale [Mr. Jones], the words "public policy," because, if I< it in, we. declare that this Convention is opposed to reopening the foreign slave trade from "public policy" alone, and not from moral considerations, It seems to me that gentlemen are Looking at this question from Mr. Jefferson's stand-point <>f 17^7, and from that of Mr. Rufus King, and the disoiples ^\' Wilberforce in 1 830, and are not willing to be advised even l>\ the majority of the Federal Convention that wiselj considered the question obi) in the light of industrial interest. Mr. Jefferson, imbued in the wild French theories as to "Cibertv and Fraternity," denounced slavery to !»• a great political evil In the earliest days of the Republic. Religious fanaticism, after causing the ruin of the Western Island colonies of Great Britain, then crept into our country, and in ls - Jo succeeded in engrafting upon Mr. Jefferson antagonism to slavery, another and more mischievous falsehood, TIIK CONVKNTION OK ALABAMA. 349 Mid that was that slavery was also a great moral evil. Under the influence of the conjunction of these two theories, the war upon our institutions commended. And what has been the result in the South, where the practical working of slavery is known, and where the responsibility rests .' A complete change lias taken place in public opinion. Thirty years ago, there were few in or out of our churches or public councils who did not believe that slavery was both a moral and political evil. IJut to day that Opin- ion is changed; ami there are but few who do not believe it to ho both morally and politically right. If it were not so, our people would at once take steps to get rid of it. Such, Mr. President, were some of the loading considerations, which induced me to advocate a repeal of the odious Federal laws on the BUDJeot of the foreign trade in slaves, and to leave that question to he decided by each State for itself alone. A repeal of those laws would not have operated to revive, and re-open the trade, me have said; for some of the States, our own, for instance, have laws forbidding it. and treating their violation as other in- stances of smuggling were treated. They provided for the con- fiscation < l HISTORY AM) DKHATKS Of in prosperity, of the stand-point in civilization which she ha*. reached. Compare the South of I860 frith the South of 1787. In L787, having but about i half-million .-laves, and not exporting a bale of cotton — in L860, baring four million Blavea, and export- ing four and a-half millions hairs of eotton. In 17^7, ouraucos- tors Looked to an increase of slavery with B view to ■ more ex- tended cultivation of "the sickly rice swamps of South Carolina and Georgia*" What would have been their ideas, as to the i of increase of slaves in the South', could they havi Been twelve million acres of iwamp-land and upland, extending from the At- lantic Ocean to the Rio Grande, whitened with the cotton culture, and constituting the main-spring of the world's commercial and manufacturing industry f How insignificant was the value of slavery, as viewed by then). to the utility of that institution to the civilized world to-day ! Tin- true value of slave labor WSS B sealed hook — never opened to the consideration of mankind till Whitney discovered the cotton-gin, and Aikwri-ht patented the spinning-jenny. By these inventions Agriculture received a m w dignity and worth, and Commerce opened new fields lor its enterprise. \nd to the South what sources of prosperity did they reveal! All the world produced bread — hut one portion of it produces the cheap universal ma- terial with which that world is clothed; and that portion may be said to be chiefly confined to the Gulf States. These States can open cotton laud enough to produce ten million hales of cot- ton, when the wants of the world shall require it. Great as is the prosperity of the North, of England, and of France, and of Germany, that prosperity would wither like a weed pulled up by the roots in mid-summer, were they deprived of their trade in our cotton bales. The consequence has been, that negroes, once worth but two hundred dollars, are now worth fifteen hundred dollars; lands once worth ten dollars, now .-ell for from fifty to seventy-five dol- lars. Within a life, by simple agricultural skill on cotton culture, men have amassed immense fortunes; and within half a century, a culture commenced in a small strip upon the Atlantic seaboard, has opened the forests lor a depth of fifteen hundred by n breadth of over five hundred miles — aud to-day gives employment to the commerce and manufacturing skill of the entire civilized world. Well, Mr. President, might one have paused ere he undertook to meddle with the foundations upon which this magnificent aud unparalleled prosperity rested. "Well might visions of future poli- tical aggrandizement have melted away before a reality of pros- perity, so grand and so amazing. / THE CONVENTION OF ALABAMA. 251 l$ut, sir, if such considerations induced a doubt under the old regime, they dispel all doubt under tbe new. In our anticipated Southern Confederacy, there will be no " irrepresible conflict" amidst its elements. With a homogeneous people, accustomed to slavery, holding it in reverence for its origin and its effects — with similar institutions, similar climate, similar productions, and a com- pact and valuable territory, there will be no domestic enemy to excite cur vigilance, and to call for defensive or offensive meas- ures. With no territories to people, and no balance of power to strive for and to sustain, we shall need no other supply of labor than the ordinary laws of natural increase and emigration of own era with slaves will give us in abundance. This condition of things may never be altered. Our only outlet for expansion must be through Mexico — and I throw it out as a suggestion — that it is, at least, doubtful whether we should wish an expansion in that direction, that would bring with it the recognition of such a maps of ignorant and superstitious and demoralized population, as Mexi- can States, if annexed, would necessarily bring. Upon one point I have no doubt, and that is, that we should never extend our borders by aggression and conquest. Springing into existence a nation in all its full proportions, by tbe disruption of the late Union, like .Minerva from the cleft head of Jupiter, I would hope that, like that goddess, our young Republic would be distinguished for justice and wisdom, and that every portion of it would indig- nantly repudiate that spirit of rapacity and iniquitous conquest which Coventor Houston has announced, in order to induce the noble State of Texas to pause in her advance towards a union with her sister seceding States in the formation of a Southern Con- federacy. But, Mr. President, L am extending my remarks beyond the limits which L had assigned to myself. I have, however, another suggestion which 1 wish to make. From what I have said, you will perceive that L am opposed to the African Slave Trade, under the present order of things, from considerations affecting our in- dustrial interest! alone. At the proper time I shall move an amendment) proposing that the Southern Confederacy shall pro- hibit the trade in slaves from any foreign quarter ; and 1 shall do so from tWO sufficient considerations ; first, beOS-USe W6 will have as many slaves in our Conlederacy as our Territory can profitably support ; Bi COnd, because we should offer inducements to the slave States, which have not yet seceded, to do so. The argument 1 have already made, is in a lurge degree appli- cable to the first point In addition, it may be sai>l, that if we do not adopt a policy of exclusion, as wide as I have suggested) and 2.*)2 HISTORY AND PK.I'.ATF.S OF if the other slave Sates should not secede, we shell be flooded with iln ir slaves beyond the natural demand R>r then, and benee be injure! n> that extent, li' they join their fortunes to ours, then the usual inter-State Slave Trade will be continued, and we shall haw an increased territory for their labor, commensurate to the Dumber of slaves added. Uui if they do ool join us, if they ohoose to adhere to the CJnjon, to retain their alliance to the North in preference to that with lis, then it tnusl be clear that they will be compelled to get rid of their slaves 1 > v sale or abolition. All of those States — Virginia, Maryland, Delaware, Kentucky, Mis- souri) North Carolina, and Tennessee, are beav) grain and stock- growing States, and If they gel rid of their slaves, could -till pros- per t# a large degree. If tney remain in the late Union, thej will bo powerless to protect their slaves; ami iu time, the pres- sure will be bo great on thai institution, that they will endeavor, by sale, to gel rid of every slave they have as a necessity. The only place where they oan sell them, unless my suggestion shall he adopted, will he in the Southern Confederacy. If allowed to do bo, then near two millions of slaves will ho precipitated upon our market, at any price. Worthless to their owners, who will have to choose between abolition and any price they can get, they will he thrown upon us in quantities far exceeding our necessities, and will hence depteoiatC the value of those we now own, and throw in our midst more than We can profitably work Thu- we -hall have all the evils of the African slave trade thrown upon us. To allow these States this opening, in the circumstances that sur- round them, will he for us to throw away the greatesl power we hold over their action. If, however, we shall simply prohibit the trade in slaves from any Quarter outside of the limits of the South- ern Confederacy, then will those border States have presented to them this grave issue: shall they join the South ami keep their -laves, 0? sell them, DS they choose — or shall they join the North, and lose their slaves by abolition '■ That 18SUe will he for each of those States t.» decide for itself, of course; and 1 cannot for a moment believe hut that, in time, each would decide, from motives of self-interest, as well as from equally weighty considerations in favor of good government, to join the Cotton Slates, and thus present to the world the South united, prosperous and powerful, for all the purposes of peace or of war. .Mk. I )owdki.i, offered the following amendment as an addi- tional Seetioll : Retolved) That we regard the Institution of Slavery, as it exists TIIK CONVENTION OF ALABAMA. 253 in the slave-holding States, South, to be a mural, social, and politi- cal blessing; and the people of Alabama*, do now, ami should hereafter discountenance any and all attempts; either directly or inditectly, by legislation or otherwise; to hinder its growth and expansion. Mr. I )ownr.i.i. said : iff, President — By offering this amendment lei me not be un- derstood as advocating the policy of reopening the African Slave Trade. The lateness of the hour forbids a full discussion, and 1 shall only make a few suggestions. The adoption of the substitute would indicate a distrust on the part of this Convention, oi the morality of the Institution. The amendment which I offer, if adopted, will exclude such an idea. It declares a truth most verily believed among us, the assertion of which, at this time, may do much good ; it can possibly do \u\ harm. Outside of the slave-holding States an opinion prevails, that we are divided on this subject — that we have advanced no further than mere apologists for an evil entailed upon us — that we would gladly escape, were it possible. That opinion should he corrected. The world should know that the Southern people are agreed upon the moral question — that we regard this Institution among us a positive good — a blessing both to the white and the black races — that OUT consciences are clear, and that we, an undivided people, are prepared to maintain that truth. The declaration of it in solemn form, is demanded to meet successfully the errors on the subject, that prevail to an alarming extent in the Christian world. 1 have confidi nee in the power of truth. It must at length prevail, whatever be the odds against it now. Opposed to the policy of reopening the African Slave Trade now. yet, 1 cannot vote for this substitute. I will oonaenl to no policy which hind- posterity upon a (subject not radically and morally wrong. Wo have juit dissolved the Union beoiuse a distinction wis recoj 'ween slave, property ml other km!- of property hostile, to tic former. Shall we ourselves, at the outset of our Government, acknowledge the justice of such distinction by un- friendly discrimination, and fix in our fundamental law alls. lute limits to the growth and diffusion of this persecuted species of property? Does nofthesubsl tuteoffeTed bj the gentleman from Lauderdale make such discrimination? Kxainiie' it closely. What doea it propose? Why, thai we shall instruct our Deputies to insist upon such restrictions a- will 254 HISTORY AM) DKHATES OF effectually prevent the reopening of the African Slave Trade. I enquire with what power do we invest our Deputies ? To propose organic laws for ratification ; in a word, to make organic laws. Therefore, this substitute, in effect, contemplates the incorporation of restrictions upon this trade in the Constitution. First, then, yon discriminate between slave and other property ; next you iix this discrimination hostile to .slavery, in the organic law, beyond the reach of ordinary legislative discretion. Although not de- igned, it casts odiuru on that Institution. Change the kiud of property to be effected by the substitute, and who would vote for it? Let us see. Suppose it should read thus, " that our Depu- ties are instructed to insist upon such restrictions as will effectu- ally prevent the trade in horses," this Convention Would say, our people would say not so, let us buy horses where we can buy them cheapest. Let us account for the difference. The world favors the traffic in horse- — does nol regard it a moral evil — and we should risk nothing therefore, by voting down such restrictions, if attempt- ed ; but the outside world regards slavery to be a moral evil, and we must, 1 suppose, respect the sentiment, ;it least, show due def- i'erence to it by active legislation in behalf of the heresy. Sir, for, one I protest against so suicidal a policy. Let us do nothing from which an inference might bo drawn, that we regard either the Institution, orthe trade morally wrong. Lei ns rather at the truth, that both are morally right — assert it boldly and open- ly. There is Strength and safety in this course. A temporising policy will weaken, if not destroy us. [[ we do not regard the African Slave Trade to be morally wrong, 1 ask gentlemen why do they desire to incorporate a prohibi- tion of it, in the organic law? The Constitution of the United State.- contains no such prohibition. The argument just made by the gentleman from Montgomery^ [Mr. Yancey. J establishes this, beyond all question. No strict constructionist will contend that any such power to prohibit Was granted by that instrument. Shall we, then, insist that our new Constitution shall contain a clause con- demnatory of our peculiar Institution, which the old Constitution did hot? Are we to make it worse instead of better for US ? Then adopt this Substitute, or the Ordinance of which it is an amendment, and it will be there, SO far as Alabama may have a voice in the Southern Congress. Uut gentlemen are mistaken when they suppose such a course will conciliate the border slave- holding States, and encourage them likewise to secede. I do not believe if will. They will be governed by other considerations. They will sooner or later unite their fortunes with us. To avoid temporary injury, however, we ought not to refuse to declare a THE CONVENTION OF ALABAMA. 265 great truth, and one so important to us. The assertion of it may be temporarily detrimental, but to refrain from its assertion in- volves greater evil. If it be impolitic to reopen the foreign Slave Trade, let it be prohibited by Congress or the Legislature, but ig- nore the subject on the organic law, and leave it to legislative dis- cretion. Their action can be readily adapted to the necessities of the times, and should be based upon grounds of expediency alto- gether. It is doubtless, inexpedient for Alabama, at this time, to insist upon reopening the trade. It may never be expedient for her to do so. Let it be so, but let her keep the power in her own hands, to be exercised or not, in the discretion of her people. Es- pecially should she not insist on being bound herself, re- strict the action of other States and people beyond the wis- dom of the fathers, who made the old Constitution. They ex- tended the trade for twenty years, unalterable by amendment of the Constitution, and although Congress, at the expiration of that time, prohibited the same, the power was assumed and clearly un- constitutional. The result of the usurpation was to strengthen the North, and weaken the South ; to destroy the equilibrium of power, and ren- der a separation absolutely necessary to our political freedom and the safety of our Institutions. Arc we prepared to engraft, the --.inic error upon our new Confederacy; to plant it deep in our organism, by making it a part of our Constitution ? I trust that it will not be done. I Jo not desire to see the causes in operation to reproduce "the irrepressible conflict" in our borders, to avoid evils of which, it became necessary to dissolve the old Govern- ment. I do not believe that the Institution of slavery will be put in jeopardy by the prohibition, but sooner or later, it will, I fear, create the necessity for another separation to preserve it. We have escaped, by promptly seceding from the Union, the tyranny of unrestrained majorities. We art; now beyond the power of their Legislative action, but we must reflect, that we cannot retire be- yond the influence of laws which govern the world. It la a law that the hungry will hurt for bread; thai wherevttf the wages of labor are remunerative, there labor will go. 1 ask gentlemen to t.dl me. what, will prevent the white laborers of the North from leaving low wages at home to secure, by immigra- tion to the South, the high wages whieh must continue to pule here. If the number of slaves be restricted to the natural in- creased Jfou may attempt to prohibit immigration by refusing the privileges of citizenship, ami imposing Other political disal>il- ities. but they will come neverthi l< as. oread, to satistY the cra- vings of hunger, will be an Inducement to immigration, superior UIsToKY AND PKllATKS OF such prohibitory enactments Social inequality itself vi • > 1 1 1 « 1 not deter the hungry from the land of plenty. They will oome, pith a large surplus population, settle the middle and heal- thy latitudes, driving the dearer labor of the slave to the sh of the Gulf, and to the alluvial bottoms <>t" the South-west. But, vir. I never wish to see that day. 1 hope it may never com the South, wlu'ii safety to the institution of slavery shall requite ■A or political Inequality so bs established among white peo- ple. No, Bir; never let it oome. Let us now adopt a cours prevent it — .1 better couth — one consistent witli Southern ideas and conservative of slave property and ;ill other kinds of pro- perty. Let H-! keep the white raee as they arc here now, and ought ever to b< — free, equal and independent, socially and po- litically; recognise no subordinates but those whom God ras made to be such — the uhildren of Sam — and whose subordina- tion to a superior race Beoures their happiness, protection and mural elevation. \ simple act of secession, then, will not stay the tide of Immi- gration, and the influx of white laborers from the North will likeij introduce the very evils which we have endeavored !<• avoid. How long it will be before the evil becomes serious,] cannot tell. But, sooner or later, it will be upon us, unless the demand for h>bor at the South shall be supplied from some other source of a cheaper character, and consistent with our present lal" >r s\ stem. Then, Wisdom dictates, Mr. President, that we should not tie our own bands,' nor the hands of those that come alter us. [f deem I cpedient now. let us prohibit the introduction of \fri- cajiM from abroad, but keep the prohibition out of the fundamen- tal law. \ ioth r reason, let m • offer here, why the Legislature or Coo> - should be h-ft free to act in its discretion upon this most important subject: The border slavehoiding States might be in- ! to remain in the old I nion» Should this be so. their pec- pie, wo di expect to disconnect themselves from the institution of slavery, as other States have done, by selling their slaves to us at r ■•iiiuii ei-ative prices — at all events, without loss. A change dilutions would work a ohangeof sympathies and affections. We must not h.se their friendship, certainly not, by a process which shall make us pay for that loss at the rate of a thousand dolhi-s apiece for their slaves. No, sir ; let us hold their friend- ship by keeping them a slavehoiding people. Let them keep and eii pish their institutions. We can get, if necessary for our people, supplies elsewhere much cheaper. THE CONVENTION OF ALA13AMA. 247 Besides, sir, another reason might be given why it would be unwise to bind ourselves to any particular policy. A most cruel and inhuman System of Slavery lias beCn countenanced by Great Britain and France under the name of "cooMea" and "apprenti- <•('s.' , Suppose, cither or both of those Countries should, in con- tempt of the Monroe doctrine, choose to introduce such systems of labor into Mexico or the Central American States, and there- by plant their African apprentices iii proximity to our borders, with a purpose to limit our. expansion, hinder our growth, and eventually supplant and undermine our Slavery institutions, but under the plausible pretext of producing their own cotton, rice and tobacco. I Pf course, tied down, as we should be by this Con- stitutional prohibit ion, we must quietly submit, or engage in a war expensive, perhaps disastrous, to prevent it. Are we dream- ing? Are we fast asleep? Will England hesitate to enter. wherein her interests invite? Has she not already expended un- told treasures in the East, in the vain effort to supply her facto- ries with Cotton '( Will she quietly submit to her losses.au>: forego an Object SO cherished and so necessary to her political mercantile and soical independence'.'' Let me tell you, she will not. England will endeavor tC make her musquito protect,, rate the ha-ds of a policy which shall take in the Country from the IJio ( 'ralide to the Isthmus. Give us a surplus of African Slaves, and the advantage of our proximity to that Country, and the still higher advantage of our humane and ennobling system of labor, ana we can without force, effectually prevent the introduction of "coolies'* and "apprenti- ces,'* and thus avoid the risk and necessity of collision to secure safety to ourselves and security for our humane system of Afri- can Slavery. I>v a timely and judicious policy, we could sett |c the neighboring States and Territories with their opposition', and thus carr\ peacefully and by purchase, our institutions as far South as soil and climate and production would with profit in- vite Slave labor. To do this we must not tie our hands and cripple our energies, because a fanatical outside world believes African Slavery to be in>, rally WTOUgj and the African Slave Trade to be infamous. We must dare to do right — have the Legislative power unrestricted, to be exercised according to ihe wisdom and necessity of its own times. Then sir. I hope that however much we may be opposed to tl,« reopening of the African stave Trade at this time, we shall vote down both the substitute and the Ordinance, which proposes per- manent restrictions upon Legislative freedom and discretion — that we shall leave our Legislators free and untrammclecL on 1? 258 llisioKY am> dkhaiks Of this subject, to meel and repel the dangers which threaten us— to embrace the benefits, which must result to ue, to the white race, to the African, yea, to all mink in< 1 in extending, threatening, ami perpetuating Slavery institutions. It secures toe equality of the white rare, and upon its permanent establishment pests the hope of democratic Kbertj . M it. Pomi said : Mr. ]'r< si"l icy." Now sir. it is clear to my mind that all has been done l>\ this body has lieen done upon principles of policy. Wo Could have proceeded on no other principles. For had measures Keen proposed here, to be adopted or rejected upon principles of mof dity in contradistinction to the principles of policy, then certain ly we should have had some understanding upon the subject at the outset. As this was not done, the presumption must lie. thai VO have proceeded upon principles of policy alone. In this w ( have evidently been tight. And these principles should still con- trol us in all our deliberations and proceedings, Molding thesi views. 1 favor the amendment now proposed and hope it will pre- vail; for certainly the resolution before us needs no such qualifi- cation as this clause proposes. Mu. \\ \n- proposed a substitute tor the Resolution as fol- lows : Strike out all alter the word "Resolved," and insert : That, in the opinion of this Convention, it is unwise and inex- pedient t" reopen the African Slave Trade, and the Convention THE CONVENTION* OF ALABAMA. 259 of seceding States should adopt measures to prohibit the impor- tation of slaves into the Southern Republic for sale from am/ source. Mk. Smith, of Tuscaloosa, said : Mr. President — There, is something in this amendment that demands examination. Let us look at it cautiously. It is fraught with evil and disaster. There is an old Baying, that - whom the gods intend to destroy, they first make mad :" and it does seem to me that we are rushing upon our fete with blind fury and heedless ineonsideration. We have made strangers and enemies of three-fourths of oat countrymen, and now ire propose deliberately to (lout the faces of our friends; for. as I view this amendment, it is nothing less than a threat of defiance held out to the border slave States, carrying, in a closed hand, a bribe. This, doubtless, is not the intention of the mover of this amendment, hut it is the interpretation that all the world will give the proposition. It simply says to the border States, if you do not come you shall have no slave market h"|-e ; if you do eoine. you can have a slave market. What is the all-important question that we should now keep constantly in view? We have dissolved the Union; declared ourselves independent. The building up of the new State, so far as the organic form of law is concerned, however important, is still secondary to the greater question : Having declared our in dependence, and set up for ourselves, how arc we best i" preserve that independence, and to sustain our position ? Taking this. then, as the great question, let us stand upon it, and look upon our; selves in the attitude in which this amendment places i's. We have already been told, some days ago, in this Convention, by the gentleman from Montgomery, [Mr. Yancey,] that great apprehensions prevailed in the border Stato — Kentucky. Virgin* ia. North Carolina and Tennessee — that the Gulf Slates designed to reopen the African Slave Trade; that he had himself received letters from distinguished persons in those States, informing him that hut )'..!• the fear that the new Confederacy would reopen the African Slave Trade, there would be a much stronger and more general movement in those State-, in favor of dissolution. If this he a true state of the public mind Ul those Stales; if th. few that the new Confederacy would reopen the African Slave Trade, cheeks the feeling and the movement in those States in favor of dissolution, would not the adoption of this amendment. at this particular time, have a like effect ? If. before this South- 260 HISTORY A\n DEBATES OF nil Confederacy is formed, Alabama should Bay to North Caro- lina and Virginia: " We toitt not import slaves from y* will it not check the feeling and movement toward secession there .' These old States are the sources of your own blood, if you will imt bear a threat patiently, is it sensible t<> suppose that they will bear it f It' a threat arouses you; will not a threat arouse them'.' It' a threat throws you Upon ytfUT dignity; ami stirs the fountains of your scorn ami indignation, will it not do the same with the citizens of the old States!' They are bone of your bone, flesh Ofyourflesh. They sent out the pioneers to cleave away the wilderness; to drive out tin- panther and the bear; to risk the tomahawk' and scalping knife, and to brave all tiie horrors; privations ami disasters of border life, for the sake of civilization. It is the land of their inheritance, by nature ami by blood. Hut now. '-clothed in a little brief authority,** you lilt your hands against your sires. You have grown rich in lands, in -and in monej ; plenty falls hi your laps, and gold lolls at your feet. In the splendor of your prosperity you forget the land of your nativity and the graves of -your ancestors. When, .1 - ph grew rich in Egypt, and had gathered abundant stores to tied thjH famine-struck nations, his lather and his brothers were the first in his grateful recollection: and thus he illustrated the beaut} of that Divine Decree — "Honor'thj father and thj mo- ther, that th\ days maj be long in the land tbhich the Lord thy < ivt th thee" It is said bj the gentleman from Montgomery [Mr. Yancey] that, by prohibiting the introduction of slaves from the border State-, we shall offer them inducements to secede and join us. I do not adopt this sentiment. It would be measuring the patriot- ism of the border States |,\ dollars and cents. The hesl way to secure their coop, ration and union is to Heal them as brothers and as fathers; to claim their countenance and their strong arm as due to us bj the indissoluble ties, not onlj of a common interest, but of common blood. One of the objections to the reopening of the African Slave Trad.- is, that it Will operate injuriously on slave property in reducing its value, by placing the native \frican in the market St a lower price. If we wish the cooperative action of the bOT* der States, we should not only give them assurances that the African Slave Trade shall not lie opened, hut we should BO shape our measures here as to relieve them entirely of all apprehensions now entertained by them as to the results of secession upon the permanent, present and future value of their slave property. THE CONVENTION OF ALABAMA. 2()1 Suppose the bonier States refuse to indorse the wisdom of the polioy of secession, and decline to join us; .shall we treat them as enemies, then? They may nol join us in the political movement. but still they may he our friends. Not favoring our political dis- union, bat, remaining in the old Union, they would be potent to do us good or evil. Shall we. by thus closing our doors against them, so inspire them with contempt or carelessness as to make them fold their arms and be neutral in the great struggle that we are courting with the North? No, sir. Let US claim them as bro- thers; and they who would scorn your threats, would come flock- ing in thousands in answer to the more natural appeals for their al- liance. They will be the bulwarks over whose battlements the enemy would have to climb before he could reach your borders. Their hearts would be the first to feel the cold steel of the inva- der. Sir, 1 have been pained at the injustice which leads us to lay the foundation of a war without the .consent of the very people who will have to do the fighting when the great day of battle comes. That they will do this fighting when the day comes, whether they join us in a political union or not. 1 have never had a doubt. When the appetite of the North shall crave the blood of the South, that South will present an unbroken front. Polit- ieal considerations and federative unions will all be postponed for this necessary alliance of defence. If this war is expected — and who does not expect it? — if this war is expected, why. at this early day, seek to mar the harmony of that, fraternal senti- ment that pervades the entire South ? We who have been in favor of consulting and cooperating with the border slave States, and who have yielded our w ishes for the. sake of public unanimity, and have come heartily into the sup- port of the State under all emergencies, are now called upon to ail by quietly and see these old States flouted in the face with a threat ! This is ungenerous. And are not the border slave States as vitally interested in this momentous movement of dis- solution as we are | Nay. sir. are they not. in a practical sense. more SO? They lose a hundred slaves to our one. Thei lie upon tlh' borders of the enemy, with no defensive barriers be- tween. A Kentucky negro that can swim a few hundred yards can obtain his freedom ill an hour. If these and other great ODD- siderations were not sufficient to move you t" pause for a consul- tation with these old Slates. m;n we not hope that at least you will now pause and consider this question well before you declare the citizens of these State> to be foreigners. They have popula- ted your state; you share their glories j your neighbor, Teanes- *2G2 1 1 1 ^t< » it ^ \Ni> DKBAYM 0» fought your great battles when you were children, and shield ed your mothers from the Indian tomahawk! Talladega was made historic by the solemn war tnrap of the immortal Jackson, the blood of whose gallant soldiers enriched the soil of Alabama! \ii'l ii<>w. in one rash hour, you propose to make foreigners of that people, who fed upon acorns while serving you in the day of your direst necessity. \\ ill you east off such tried friends a-* these, and L r " drifting upon the great sea of uncertainty for other allies .' •• The friend* thou ha*t, and ihelt adoption tried, 1 ; rapple tht m to thy toal with hooka <>r steel | l?nt do not dull iliy i'hIhi frith entertainment Ol each new-hatched, unfledged comrade." Enthused as we are at this time; lifted up bj the spirit of Pa- triotism ; exhilarated by the excitements that surround us, and animated by the contemplation of the novel position we oocum before the world; exultant of our prospects, and confident in the valor of our people, and the universal determination thai prevails in the land to sustain our independence to the last extremity, wc may yet over-estimate our strength and count without our hosts. And \ on who expect that tin- cotton States alone will be able, to sustain this contemplated war. without the aid of your neighbor- ing sisters, do over-estimate youx strength, sad count without your hosts. I know the unbending spirit and the unquaQing \al or of the people oi' Alabama ; but courage is aot the onlj sinew ot war. I know the wealth of OUt people and the prodigal liber* ality with which it will flow, when needed, tor the public safetj : hut wealth is not the oulv sinew ot' war. It ma\ be that, in some respects, we are not reodj fpc an immediate outbreak of active hostilities, There is no need of rushing into war. Wc must not he the invaders. Let ns husband our resources; arrange our engines and prepare for the conflict; and. in doing this, while we del) our enemies, let us holdfast to our friends. I pon vote taken on Mr. Watts* amendment, it was defeated, Mi:. .1 imisiin moved the previous question in order to cu) oil' all amendments, and the ayes and i s bpinc demanded, the re- sult was. ayes •.".•. noes .'!7 ; so the call for the previous question was no1 sustained. Mi:. Johnson said : Mr. President — I rise not for the purpose or with the desire to make a speech, hut of making an explanation. '1T1E CONVENTION OF ALABAMA. 26H I had been inclined bo vote for the substitute offered by the gentleman from Lauderdale, although not as strong in its prohi bitory provisions ;is I would like; but, sir, when the additional Resolution offered as an amendment by the gentleman from Chambers, was passed, 1 was not only astonished, but will most certainly be compelled to vote against the substitute aw amended. It" I understand the question correctly, we are pro hihited from voting OB the " Ordinance" reported by the Com mittce.evcn though we refuse to pass the substitute, for theConveii tion, in refusing to sustain the call for the previous question, did, in a parliamentary sense, refuse to entertain the main question or Or dinauee ; and hence if we vote against the substitute, the inference is natural, that we are opposed to the expression by this Conven tion, of its disapprobation of, or opposition to, the reopening o' the African Slave Trade* I am unwilling to place myself upon the record in such way a* to admit of that construction, and hence the necessity for this ex planation. The substitute offered by the gentleman from Lauderdale, as scits in the preamble, that we are opposed to the reopening of the African Slave Trade, "upon the grounds of public policy," and therefore puts to rest the supposition that we are opposed to it upon the grounds of its immorality. The Resolution proposes to instruct the Deputies elected by this Convention to the Southern Convention to insist upon the enactment by the said Convention of such restrictions as will ei tectually prevent the reopening of the African Slave Trade, be cause we are opposed to it upon the grounds of public policy. Tin additional Resolution which has just been passed byway of amend ment, asks that the Southern Convention shall, by Legislation, pre vent any detriment to the growth or expansion of the Instituior. of slavery ; because it is a blessing morally, socially and poiiti .•ally. In other words, the gentleman from Chambers would have this Convention ask of the Southern Convention the growth and expttn tion of the lusitution. Tic gentleman says his Resolution contains no such idea; thai it simply intends to assert thai slavery is a blessing; but when we examine the last, which is the saving and binding clause of bin R solution, we find that it is an invitation for the expansion of sla very, and that tOO ID connection with the subject, of the African Slave Trade. II iw. sir, would thai Convention, when it came to passing a law upon the subject of the African Slave Trad-, be besl able to carry ■.'•'> I HISTORY AMI IH'.HATKS OK out tli.- idea of the gentleman 1 Most assuredly bj reopening the African Slave Trade, ft* that is the oheapesl and quickest wa) of expanding it. Yet we say in the same Resolution, that ire are op- posed to this traffic npon the grounds of public policy. There seems to mj mind to be a contradiction implied at least. To my mind it is clear, that by this Resolution as amended, we intimate very clearly to the Southern Convention or Congress, that the people of Alabama are Dpi only not averse to, Imt in tavor of, the reopening of the Slave Trade with Africa. To this sentiment, sir, I cannot subscribe, although I will L r o as tar as the gentleman himself, in declaring that slavery is not an rvil. cither morally, socially or politically. li' the amendment had btopped with that expression. I could have .otcd for the substitute without violence to my views on this sub- ject; but when it is added to, and qualified as I have intimated, 1 i annot vote Tor it. We propose, by this resolution, to express our qualified disap- probation of the African Slave Trade, and yet, to my mind, we invite the revival oi* that traffic. I regret the necessity which impels me to vote against the Sub- stitute as amended, and I regret still more, the passage of this amendment by the Convention, for I feel assured that there is a large majority of this Convention that would like to record their opposition to the reopening of this traffic. Mr. Dowdell's amendment had been adopted as a part of the Substitute for the Ordinance, originally reported by the Conven- tion. Mit. Watts moved to reconsider the vote on the adoption of Mr. I>owdell\s Resolution, which motiou was carried, and the ques- tion being on the adoption of Mr. Dowdell's Resolution, the ayes and nays were demanded, and it was lost — ayes l!), noes 40. The question was then upon the final adoption of Mr. Jones' Resolution as amended, which is as follows : Whereas, the people of Alabama are opposed, on the grounds of public policy, to the reopening of the African Slave Trade: there- fore, Resolved, That it is the will of the people of Alabama that the Deputies elected by this Convention to the Southern Convention, THE CONVENTION OK ALABAMA. ~0T> to meet at the city of Montgomery on the 4th day of February next, to furin a Southern' Republic, lie and they are hereby in- structed to insist on the enactment by said Convention of such re- strictions as will effectually prevent the reopening of the African Slave Trade. The Resolution was adopted with only three votes againsj it. L A ST DAY OF FIRST SESSION. Mr. Kimball offered the following Resolution, [Mr. Webb in the Chair:] Resolved, That the* thanka of this Convention be tendered to the Hon. William M. Brooks, the President, for the able and impartial manner in which he has discharged the duties of his po- sition. Which Resolution was unanimously adopted. Mr. WhatLK* moved that a Committee 61 three be appointed by the Chair to wait on His Excellency the Governor, and inform him that the Convention is ready to adjourn, and inquire of him it' he has any further communication to make to this body. Car- ried, And the CbAib [Mi\ Webb] appointed Messrs. Whatley, Jem- ison and Jewett, said Committee. The Committee-, on returning, reported that the Governor had no further communication to make to the Convention. Mr. Wiiati.ky called up his motion to adjourn, which being agreed to, Mr. President Brooks addressed the Convention : (rintlriiu ti i,f /lie Convention — The time of our separation is at hand. Permit me, before we part, to express my gratification at the vote of thanks unanimously tendered me \>\ your hop ira hie body, during my temporary absence from this Hall. 266 DISTORT? AN1> DKBATKS OF N one could be more sensible than myself of tn} want of proper qualifications for the 1 1 1 !_r 1 1 and responsible position of rresidenl "I" this Convention. When partial friends intimated an intention to place me in tliis position, 1 endeavored to dissuade them from their purpose. Never havingserved in any legislative body, and entirely unacquainted with Parliamentary Law. I sug- gested the names of others more able and experienced, and more worthy than myself of the place: but the choice fell on me. I accepted the office with exceeding diffidence, relying, however, upon your kind assistance and generous forbearance, in which I have not been disappointed. In mj official action I bavedoubt- les committed many errors; these you have kindly overlooked. In bearing testimony to my impartiality, I feel that you did me no more than simple justice. The business for which we were called together was of the most momentous character. No other political body ever as- sembled ill this State to consider and decide upon issues of like magnitude. Submission to Black Republican rule and consequent ruin, degradation and dishonor upon one hand, and the dissolu- tion of the Union by the withdrawal ot Alabama on the other, were the tearful alternatives. The issue was not of our seeking: we have Keen driven to to it by imperious necessity. We hare met it Resolutely and boldly, and. with a full sense ot' the respon- sibility, have chosen the alternative of secession and indepen- dence. The scenes which 1 ranspired in this Convention on the Nth day of January. L861, are indelibly impressed upon our memo- ries. They will live imperishable in history to the last syllable of recorded time. It was the most solemn and impressive occa sion of ny life Differences of opinion existed amongst us — honesl differences, five I \ and frankly expressed and duly appn dated. We did npl differ as to the question of submissions or resistance to Black Republican domination. No, all feeling the necessity, were solemnly pledged to resist; we differed onTj as to the time and mode ot' resistance. We unbosomed Olirsches to each other in remarks eloquent, heartfelt and patriotic. A deep ■ease of the solemnity of the occasion and of the great im- portance and responsibility Of the act about to be done, pervaded the entire assembly. Stout hearts and brave ones — hearts which had remained unmoved through the thunder and carnage of bat- tle, now heaved with Strong emotions and were melted. Tears flowed freely down the cheeks of men unused to tears. Every- where in our midst were manifested signs of deep patriotic feel- i Qgs Struggling within our bosoms. At length, by common eon- TI1K CONVENTION QF ALABAMA. "Jt)7 sent, the vote' was taken, and the Ordinance of Secession — that great Act of Deliverance ami Liberty — was adopted. Immedi- ately we were united ; differences of opinion sunk into utter in- significance before the nigh purposes of patriotic devotion, and we st- rod pledged, tlie one to the Other, to sustain this the Sov- ereign Act of the people of .Alabama, with our lives, our tor- tunes and our sacred honor. Before and after we assembled, attempts were made to exoitc ih the public mind distrust of our purposes. At onetime it w;i> darkly hinted that in the exercise <>t' the unlimited power confi- ded to us. we might betray the people and establish a Monarchy : at another, that we would remain in perpetual session, ruling over the liberties of the people. Time has shown the injustice of these suspicions. We nave become the tools of no man's am- bition. In the exercise of our extraordinary powers we have faithfully endeavored to promote the good and the safety of the people. Jn a short time we will cheerfully return our authority to those who gave it. confident that we have not abused our trust. We ore about to return amongst our constituents ; let it not be said that we countenance, much less encourage, opposition to the act of Secession. As true men. we will cheerfully labor to remove all dissatisfaction, if any, and urge our people to rally around and sustain the liberties and independence of our beloved State. However we may have dill'ered as to the remedy of se- cession, the deed is done, Alabama is a i'vec. separate and sov- ereign State: as loyal and united people, we will maintain her independence or perish in the conflict. We are in the midst of perils : Peace, smiling Peace, may, I trust will, be our lot. But this may not be so. Our Northern foes, under the same malign influences which have hitherto marked their conduct, may wage ■gainst us an unjust and wicked war. If so. let it come. We will do all that men should do to avoid it, but we will not cower and shrink from the contest j we arc prepared to meet whatever tiitc betides us. \s Freemen, we may become Martyrs to Lib- erty — -we teen not born to be slavea. Alabama has withdrawn from the Union, moved thereto by a sense of self-prcs.r\ at i on : she is now \)- dismiss it at once and forever as au idle and pernicioua dream. There is not — there eannol be an\ | and security tor lis in such a reconstructed Union. Wo have,] confess, many true friends at the North, but t"<. few to render their assistance available. They will, as heretofore, be unable t<> resist tlif dark tide of aggression which baa threatened t<> en- <:uli our liberties under and through the ageney of a common Government. Looking back at the man} grievous wrongs under which we have so long Buffered at the hands of our Northern brethren, and reflecting upon the threatened perils trom which we have escaped by withdrawing from the Union, I cannot hm re- joice at our deliverance ; and this j »y is increased bj an abiding eun\ iction that come' what may, >ink or swim, live or die, sun i\<- or perish, Alabama will never again enter its ill-fated portals; no. never — never — nevet. I bid you one and all farewell. The Convention adjourned until the 4th of. March. HISTORY & DEBATES OF THE CONVENTION. SECOND SESSION— FOUETH OF MARCH, 18G1. I shall no longer adhere to the ]>lan of dividing tnis work into particular days ; as a continuance of that plan would swell the volume beyond the proportions originally designed for it. I shall keep tip a history of the more important events, and make the di- visions of the subjects discussed without regard to the day ; thus I will be enabled to group the speeches on each suhject together. The Convention re-assembled, on the 4th of March, 1 Mil, in the Hall of the House of Representatives, and resumed the consider- ation of its unfinished business. The attendance, the first day, was not large; but, on the second, nearly all the delegates ap- peared. There was no abatement of the interest felt in public aft fairs ; but the great question of Secession having been deoid< d, the deliberations of the Convention were not now of Bttch ab ing in! i rest. REDUCTION OF THE S1ZK QF COUNTIES. Mr. Johnson, of Talladega, brought before the Convention, du- ring the fir-t -e-»idii, a proposition to reduce the ires of the Boun- ties. This suhject occupied much of the attention of the Con« °.T<» HISTORY AMI HKIIATKS (iK veation, tod was received with favor; but the ruling objection In it (ami the one winch canted its Bnal defeat , was, thai at thu particular time, it would be unwise to introdaoe for public discus- sion amongal the people, a question bo calculated to excite division and discontent in the counties. Mi;. Johnson .-aid : Mr. Pr&ident — 1 shall content myself, Bir, with making a sim- ple statement of facts connected with this question, and leave it with the Convention. It is, I believe, a universally admitted fact, that our counties are too large ; and almost as universally admitted that they should he reduced, if it can be done without inflicting injury upon any locality or interest. In order to arrive at a just appreciation of the facta connected with, and which should govern our action in relation to, this sub- ject, we mu&l particularise to a limited extent. we have, Mr. President, in this State, large numbers of OKliATRS OF aside any looal prejudice, and in that spirit of courtesy and mag* nanimity wbiob lias bo far characterized them upon this question, meet this proposition in such way as to benefit a large class of our citizens, while they reflect no injury Upon any class 1 beg of gentlemen, as a matter of right, as well a< magnan- imity, to pass thi- Ordinance, and thereby enable those citizei our State whu arc so deeply interested in this matter, to present their claims to the Legislature; ami if they are of such a charac- ter as to challenge the support of two thirds of that Body, in the name of COmmop justice let them have it. Our State, sir, lias fewer counties, in proportion to the extent of her territory, than any other State on this Continent These counties were established, ami this injudicious Constitu- tional restriction was imposed npoti the Legislature, at a time when our State was sparsely populated, ami the people illy able (o incur the expense that would have been made necessary by laying off the State into small OOUnl 168. That day, sir, has long since' passed. Every portion of our State now teems with the happy results of an intelligent and pros- perous population. The luiMiiess which necessarily springs up in every e unity, has so vastly increased as to render it absolutely necessary that every important office in those large* populous counties, shall he filled by a double set of officers I have said more, sir, than I intended, knowing, as I do, that nothing I could say would affect the aotion of au\ member on this floor. Yet, from a sense of duty to myself and my constitu- ents, and from an earnest desire that this act of sheer justice hhould he consummated, 1 have deemed it an imlispensalde duty to trespass upon the time of the Convention fir enough to make this statement of fact-, and, as far as possible, to disabuse the minds of those who have misapprehended the intentions of the fri< uds of this measure, and the provisions of the Ordinance. Mr, President, I have done, and shall content myself with an expression of this Body voting y (;,s ;llu ' Bays. MB. MoLaM MIAN said : i//-. /V' .s "/,/* /—My objections to the Majority Report on Coun- ty Boundaries are sufficiently set forth in the Minority Report, but inasmuch as [ made the Minority Report, it will not be deem- ed improper for me to explain these objections. If is certainly true, and h\ me admitted, that this Convention is clothed with ex- traordinary power-; but we were assembled only in view ol' the THE CONVENTION OP ALABAMA. 273 act of secession, and acts incident thereto. The Government ha9 been dismembered, and for this Convention now to enter upon the work of remodeling the counties, will be taking upon itself a res- possibility, which has not been desired or expected, and it is but right that the people should be consulted before such an impor- tant change in the fundamental law of the State shall be made. The public mind is already greatly agitated, and needs quiet rather than further agitation. Most of our counties have been formed lor more than forty years, the county-sites are permanently located, and any change in the boundaries of the counties may tend to disturb and remove tin- same, which would be an interference with vested rights, arid for that reason should not be adopted. Our Constitution already limits the number of Representatives to the lower branch of the General Assembly to one bundled, and tothc Senate to one-third thai Humbert, the proposed change will greatly increase the number of counties', and the result will be to leave the small ami weak counties without separate representation j and from necessity they will be compelled to rote with their lar- ger and stronger neighbors The propos°d change will but lessen the probabilities of the counties securing (he services of able and efficient officers, for as you lessen the number of population in the county organization^ you lessen the opportunity tor the people to select wise and effi- cient county officers in every department It is cert only desirable that every county should have separate representation, but it, will be impossible so to reorganize the coun- ties, as to give to each a separate Representative, unless the Con- stitution is so amended as to increase the present number, and this should be avoided, for itur Legislature is now quite numerous enough ; in the State of Georgia, they I ave over three hundred Representatives, and this in consequence of their great number of counties; their Legislative body is not only expensive to the State, but is un wieldly and tardy in its action 'I he formation of new counties in the State will lead lo a great deal of excitement and speculation in the loc ition of t be new county- sites. 1 kuo'-', Mr. President, that some of the counties in the late Ic 'territory arc lai-e. containing much over nine bundled s (Uir • miles, t.| u . present tjo istttutional lim t-; so nc of them c >q- taiuing, I believe, from eleven to twelve hundred square miles; ami there are .-mm* few localities in which I think a new county might and should be formed ; bat 1 prefer thai gentlemen make their independent applications, and that c.ieh application rest un 18 ll\ HISTORY AND DK1IATKS Hi- its own merits. The gentleman from Henry, it will be remembered, lias introduced an Ordinance to make two counties out of the i unity of Henry; tliis, I think, is a meritorious proposition, and 1 Kpeot to support it, and will support any isolated proposition ivhich is made, to rest on its own merits, provided territory and population will justify it; but my objection to the Majority lie- port is, that it unsettles every county in the State, and there are at least nine-tenths of the people, and c pecially in the old coun- ties, who do notdesireany change. Pot these reasons, I have offered the Minority as a substitute for the Majority Report, and hope the same will be adopted by the Convention. Mr. Ralls said : Mr. President — I do not propose to detain the Convention with any lengthly remarks, but simply to make a few suggestions, and answer some objections that have been urged against the passage of this Ordinance. There is one thing, sir, that certainly has not escaped the atten- tion of this body. It is this: Some measure, disapproved of by r-omc of the members, is put upon its passage, and then, forsooth, these members meet us with the very convenient argument : Oh I the people did not send us here to make such and such changes in the Constitution. But when these members are in favor of an) particular measure, although it may involve some radical chang< in the Constitution, and although there has been no expression of the popular will, yet all their conscientious scruples arc held in abeyance, and they can, and do heartily support said measures. Now, Mr. President, it does appeal to me that the proposition eta braced in the Ordinance under consideration is exceedingly reason- able. It is not to inaugurate any new principle of government, orto force upon the people any change, which will be offensive to them. But it is simply to confer upon the Legislature the power to cstab- lish new counties, under certain wholesome restrictions. Ami now, Mr. President, those who oppose this Ordinance, put them- selves in this position : They say to the people — although you live at a very inconvenient distance from your county-site — although the discharge of your public duties may be attended with a great tax upon your time and purse, and protracted absence from your families — and although in order to attend your courts, you ma\ have to cross large rivers, that at some stages of the water cannot be crossed but with great difficulty and danger, and although all these facts may be made to appear to the satisfaction of even two- thirds of both branches of the Legislature, and they as an act THE CONVENTION OF ALABAMA. 275 of simple justice might be disposed to grant you relief, yet we will deny them the power to do so, and you shall still suffer all the in- conveniences of your position. Now, let us look at the safeguards thrown around this Ordinance, and sec if there is any probability of any unnecessary increase in the number of counties in the State. No new county shall be established but by a vote of two- thirds of both branches of the Legislature, and shall not contain less than live hundred square miles. Now is it at all likely that two-thirds of that honorable body, after a full review of the whole ground, would establish a new county, unless it was manifest that the wants of the people immediately interested required it? I thiuk not. And then the protection of the county-sites already established ; no county-line shall run nearer than twelve miles to these places; and no county-site shall be changed without a vote of two-thirds of the legal voters of the county in which said town is situated. This is certainly ample protection to vested rights. Again, we are told that the expenses of the State Government will be greatly increased, and as a proof of this, that there would be a decided increase in the number of Judges. By no means, sir. There would be no increase of litigation, because of the in- crease of couuties. The population and business of the State would in every particular remain the same. Those large and pop- ulous counties, that now hold court two weeks, would loose a part of their Territory and business, so as to hold Court only one week; and a Judicial circuit could contain a greater number of coun- ties, but yet, be served by the Judge in the same time, because of holding Court only one week in each and every county, instead of two works, as in many cases is now done. And there is one instance at least in which there would be a saving of expense to the State ; and that is in the milage of witnesses in State cases. Hut, Mr. President, even if there should be some increase in the expenses of the State, I hope that gentlemen will not be so un- jt in runs as to deny to their fellow-citizens, like privileges with themselves. I hope the Ordinance will be adopted. Mit. Potter said : Mr. President — Were it not lor the deep and abiding interest which 1 feel in this subject, I would not trouble the Convention with any remarks at this time. 15ut, sir, this measure is now before us, and it is highly impor- tant that we dispose of it properly. The argument, that we were not convened for this purpose, (so frequently urged by those who wish to defeat measures here) cannot be legitimately used now; 27('» HISTORY AM) miHATF.S Off fur we have actually undertaken t<> revise and correct oar Slate Constitution. This cannot lie deuied. And certainly i favorable opportunity is now presented for making this aroenduientj which has be< ii bu long debired, and which is aq much Deeded. There is, sir. a marked difference, in one reepeot, between the propused change, and some others which hive been adopted; foi in other cases barriers have been placed in the waj of future legislation, though such legiitlatioo may be necessary for the good ot tbe Stale; but in this case we pimply de>ire to remove, a hairier out id' the way. so that hereafter such legislation may be had a* tin- wants and interests tit' the people require. Assembled as we are. for tlie purposes which staled us together, it is plainly our duty t" di> all we Dan to promote tin' welfare of every portion of our State, and to meet the fuel expectations of those wbu ask as tu provide a remedy Cor existing evil*. Now, Mr. Presi lent, it is well known that in rainy parti of this State, the people arc laboring under serious disadvantages, because of present constitutional provision*, in regard to tbe sixe of Coun- ties*, and they are DOW, and have lieen fur years, greatly dissatis- fied, an I we have abundant treason to believe that thi> dissitUf.ic- ti\ gentlemen of this Convention, to defeal this measure, which appear to me, sir, to be utterly (Utile. It is said that the formation of new counties, will leave the old ones ton Btuall; but, sir, thin cannot t;ike place under the restiic- tions which .ire thrown around this turn ndno lit, lor while it pro- p i-i's to change the minimum size of a county, from nine bun- dled to five hundred Kjuare miles, no old county can he reduced In |oW this size. The ol jeetion that the number of Representatives in the Legis- lature will be increased, is also without foundation, for it is pro- vided that do Dew county shall be tntitled to separate, representa- tion until it is entitled by Dumber*, thus sufficiently guarding this point. |!ut, heit reiueinherc'l, that the tune will emne w lit n, ( ilher the number of Representatives will be increased, or the ratio changed It is urged that the expenses of the State will l.e in- creased How this can he, sir. I confess I am totally unable to ice, for suiely tbe establishment of new counties will n »t necessa- rily augment the business of our Courts And when we consider the amount of mileage saved, on the part ol' those who attend court, we find a considerable reduction of expenses in small coun- ties, to say nothing of other savings. THE CONVENTION OF ALABAMA. 277 Besides, sir, when we estimate the advantages secured to the citizens of counties of convenient size, in the way of traveling, returning home at night, saving tavern bills, and attention to do- mestic affairs, during Court terms, and on other occasions, it will be seen that it adds greatly to their convenience, and interest, to have such counties. And I take this occasion to say, tint tho»e who are so situated as to need new counties in this State, who earnestly desire to have them, and who are now urging their claims upon us, will not, nay, cannot be satisfied to remain in their present condition. The fears that many seem to indulge, in regard to the perma- nency of present, county sites nee I have no existeuce, for if two- thirds of the voters of any county have to decide the question of change, their decision ought certainly to be satisfactory, and with this provision in the amendment now proposed, no Court house properly situated, can be in any danger of removal. For these, and other reasons which might be urged, I respect- fully insist that this measuie be favorably considered, and indulge the hope that the amendment will be adopted. Mr. Morgan said : This suhject has been discussed in some of its political aspects, by several gentlemen, who addressed the Convention, on a similar proposition introduced by a select Committee, of which the gentle- man from Talladega, [.Mr. Johnson] is Chairman. If the Con- vention is still in doubt about the necessity of a change in the ex- isting constitutional area of nine hundred square miles to the county, it must be the result of an apprehension, that, the distur- bance of this area would be followed by a train of evils, or diffi- culties not provided against in the propositions heretofore submit- ted to the Convention. In the amendment which I have offered. I have attempted to meet all the difficulties as yet suggested, and some that have occurred to my mind. Another embarrassment has been called up by the remarks of the gentleman from Calhoun, [Mr. Whatley,] which is outside of the special matter involved in the amendment, but deserves to be carefully noticed. The gentle- man suggests, thai inch amendments to the Constitution are not within the just powers of this Convention; because they are not expressed in the Act of the Legislature, which he is pleased to de- nominate the Commission under which we act. The Act of the Legislature has nothing to do with our powers. further than to provide, in a legal way, for the election and assem- bling of the Convention. In these respects, even, it is not indis- 278 lllSToKY AND HKHATKS CM tble to the authority ofaayaet we proposed, that there should have been u sol of the Legislature sailing b Convention, for in the ibeeoce of suoh bq act, (there being no rettriotioo io >>nr < Sou- Btitution, confining the people to a particular mode of prosed i they eould assemble, by their delegates in Convention, and i the " p ilitioal power inherent in the people," and mainteln tlicir " indefensible right to altt-r, reform, "r abolish their power of, government, in auch moaner a* they may think expedient" The only effect of the Act of the Legislature is to preserve the l> gality of the aotion of the Convention, and it does not assume to define or limit our powers wlnn legally assembled. The people can conic together in the exercise of tlmir "inhe- rent power," and disregard the loyalty of their aotion, but this would If a revolution. If they assemble in pursuant f the will of the State at expressed in the Ao! of the Legislature, (which is the ordinary expression of its sovereignty) then; is no revolution, because the people give their oonsent by a law, to the assemblage of the Convention, and thus all the powers and departments of the roment harmonise in their action, and the movement is set on foot In/ the State and not againtt the State Government by the peo- ple. It would require a very strong ease of necessity to justify the p '.pie in assembling themselves withoul the express sanction of the law, for the purpose of changing their form of government, and I rejoice thai no such attempt has ever been made in "in- State. I prefer that the Constitution should contain a provision which shall hereafter place this matter oo clear and safe grounds. It i- better to have such a provision made ia the Constitution than io have to l.e supplied by Acts of the Legislature. Being legally assembled here, and moving on in harmony with all the powers and departments of the State, when we have re cognized in all our acts, and by whom, in turn, we have been re> lized and obeyed, we are nol engaged in a revolution against the Slate, l>nt we. who, alone even represent the State iii this par- ticular, do engage the State in a revolution, if you please, by dis- solving its connection with another and different Government of which the State was a part. This great act performed, bhe question arises, do our powers at this point [ The act of dissolution was performed in the exercise of the highest sovereign! v. If we derived our authority from the Legislature t<> do this act. then it is the General Assembly that is sovereign, and u<>t the people. The. converse of the proposition is true. The Legisla- THE CONVENTION OF ALABAMV. 279 (urc is a department of the State, a mere repository of certain powers, ascribed to it by the people in the Constitution. It ex pressea the voice of the State, in one form only, and is confined ii\ the Constitution to one -certain set of powers and duties. Oui power is directly from the people, ami we here speak the supreme voice of the people — the true political power in the State. Wo are the people assembled by their Delegates in Convention. It' the Legislature could confine the power of the Delegates of the people in Convention, it could also restrict, or abolish the power of the people to assemble here; or it could, in disregard of die " bill of rights," destroy the power of the people to elect 1 )elegates, or to demand the rights secured to them, as individuals, iu the Constitution. We are above the Legislature and the Con stitution, and are only confined to the great purposes of securing and protecting the rights, honor and interests of the people, ac cording to the form of Government under which we have lived, and which the people desire to preserve. It' we improve the Constitution by amendments, we better the State, and protect the interests of the people. If our amendments do not change the form of Government or disorganize its great divisions of powers, we work no revolution in the State. Wo could not depart from the established republican form of Govern inent and preserve the political or moral consistency of our ac tion : but while we keep within these bounds, we may adjust and improve the machinery of Government as we think best, because these things all contribute, in the end, to the wise and safe exer of the power of the people in the great purpose of all repub lies, the security of self-government, on a basis established in written ( 'oiistit ution. W <■ have found it necessary to amend the Constitution in many instances, in order to give effect to the Ordinance of Secession. In our original Constitution there were such recognitions of the United States as were utterly incompatible with the Ordinance of Secession. These recognitions were not necessary to the instru incut in anv respect, and we have contributed much towards placing the State upon its well recognized and high position a reign power by striking out these points of the Constitution ami supplying their places with other words. In doing this, did we transcend «.ur powers ? If not. it is because these changes wi n needful to protect the interests or honor of the people, and not because the? are included in the "commission" contained in the act of the Legislature. The "commission" did not instruct us to secede from the Union, and our secession has found its warrant in the "commission,' 9 because we decided that act necessary to 280 HISTORY AND DEBATKfl Of protect the bonor Mid interests <>t the people. It' we fin I thai an- other act, less assimilating to revolution, is needful to be dons in Older l" protect the interests of the people, shall we liiMt.r. t I • mi it \>< cause it is not expressly mentioned in the ' commis- sion ?" Let as not hesitate on matters \ . In some of these OOUntiea the population has so in< ■: ed that, while there are only lift J -two counties in the State, and one. hundred Representatives in the House, some of those coun- ties have three and others four Representatives from merely ag- ricultural districts, where they have no large towns. The reason of the rule has ceased, and the rule becomes ■ burthen to the people. I deprecate small counties, and I learn that Georgia has reaped a bitter experience in the reduction of Mbf size of the counties. But an excessively large county is even worse than one. too small. The expense to individuals living ■te from the Oourl House, the loss of time in travel, the iu- ised expenses attending the administration of Justice, in wit- ness fees, and by other means; the consequent denial of Justice ill many cases, the wrangles about the removal ul Court HoU the political differences that divide counties on such questions, the influence of localties on thegeneral legislation of the State, ill admonish us that a change to a reasonable area is desirable. The amendment which I had the honor to propose seems to me, to settle all these troublesome matters. It provides for an area of not less than six hundred square miles to each county. Some of our counties do not much accede that area now. It requires a two-thirds vote to change a county boundary, on the part of the Legislature and of the people concerned. It, provides against m parate representation of a new county until its population shall entitle it to such representation on a ratio adopted to supply only one hundred nicinlicrs from the entire State. The embanass- MOnts being all removed, the naked question is: shall the con- venience of tli^ people be subserved when no person or place can possibly I) ■ interfered with l>y our own action 1 l have this question to the Convention, and trust that the response to it will be favorable, to the change. THE CUN\ T.NTION OK ALABAMA. ~S1 This question was discussed in all its vavinus points, at different times, but the Ordinance was finally defeated. ON THE LEGITIMATE POWERS OF THE CONVENTION. The proposition to prohibit future Legislatures from contracting public debts, without, at the same time, providing the means of liquidation, being umli r consideration, Mr. BuFORD,* of Barbour, said : Mr Presiihnt — The chief difficulty that I find in voting for this measure, supported as it is by so many distinguished gentle- men, and with so much /.eal and ability, has bceu entirely over- looked in the argument. Are we indeed the whole people '{ with unlimited jurisdiction over every possible subject of legislation ? with rightful power to subvert the foundation* of society, aud shape the Organic Law and Policy of the State at pleasure.!' Mr. MORGAN, of Dallas: Every dinance we pass reads : " We, the people of the State of Alabama." Mil. Bufoud : \Vs! While acting within the purview of our commission, we stand in the stead of the people, and may well say, " We. the peo- ple ." But when I look around, and find in this chamber, not our million of inhabit into, but only one hundred individuals, I ask, ire these hundred " the people of Alabama," or only their agents? Manifestly only the latter. Now, whence came our agency? Did we appoint ourselves, and confer our own powers? I confess, Mr. President, wo seem to talk and act as if such were the case. Then, if we are not the whole people, but only their agents, it is evident we have no power which they have not conferral. *l!on. Jeff. Buford. who hnd bean fleeted, from the county of 1'arlionr, to till the vacancy created *>y the ra»uraatioa of Hon. Alpfceni Baker, n>n« nnro- diiced l»y Hon. .John Cochran, and took his scut in the Convention on the 13th of March. 282 KISTOBY kXV OS Conoode that, in order to the roost liberal construction of our jurisdiction, we may look to the history of the (inns, the attending ircnmstances, and ilio motives which influenced the grant. Still, when wc turn to the .]oint-Resoluli<>ns of the General Assembly, under which the ' rovernor convened this body, and consider then, whether in themselves or in the light of their historieal oireanv — r : . t j - - « 8j we are left in no douhf, either as to the terms of our JOB* mission, the motives which induced it. or the end it whs intended to accomplish. By words, either of reeital, or of direot cession, all arc put down in plain, unambiguous language. These Resolu- tions constitute our sole letter of attorney. N"W, sir, what are the evils and dangers recited in this our commission; and from which we are empowered to deliver the im- periled State ? l>o we find there (as this proposition, and the arguments urged in its support would lead us to infer.) any i plaint of grievous taxation, resulting from debts contracted by improvident and faithless representatives, in the ordinary com legislation? any authority to heal that disease? be deliver from that danger? Thai portion of "the people" by whom I was sent. thought the object was to save them, not from their own represen- tatives, in the ordinary functions of legislation, hut to deliver them from the power of faithless allies, who were usurping their liberty of internal self-control, ami seeking to degrade all the Southern States to the level of their servile population. This, sir, is what my constituents imagined, and what I, too, imagined, VSS the scope and limit of my authority. Are we right? Let us ooudesceud, for a moment, to consider and analyse the power-of-sttorney under which wc all must needs admit we are acting. Vc- ! '■ power-of-attornc\ ." And wc may not disdain the homely term; for our grant is no wild gush of un- limited generous confidence, hut ■ cautious, technical thine of pa- per and ink ; in which, alter carefully reoiting the probability that, a sectional party, by success in the then pending Presidential elec- tion, would possesc themselves of the maohinery of the Federal Government, and wield it to our destruction, authorizes (in the event of that suocess,) the assembling a Convention of deh$ of the people, with specific instructions " To consider, determine, and do whatever they may deem necessary to our protection." Protection against what evils and dangers, Mr. President if Common sense replies, "Only against the evils and dangers then in contemplation." None other is referred to. No other was urging. No other was thought of, or in any decree prompted the call of this Convention. And there is no need to invoke the lawyers' rule of const ruction, that the expression of one object is the exclusion of another THE CONVENTION OF ALABAMA. 283 Gentlemen lay stress upon the generalities in our Bill of Rights, and the first principles therein recognized. They remind us that " Political power is inherent in the peo- ple ;" and that they have the " inalienable right to alter, reform or abolish, their form of Government, in such manner as they may think expedient." Now, suppose we admit (and this is more than the other side contends for,) that the people may, without being called by the Legislature, lawfully assemble, en masse, and do whatever they will ; does it therefore follow that if, after so assembling, and finding it impracticable to deliberate and act in such multitudes, they conclude that they are satisfied with their Government as it is, save as to certain evils which they specify, and the reformation of which they confide to certain individuals, whom they nominate as their delegates or agents in that behalf. And suppose "the people" then disperse, but the delegates remain? Now, "all power is inherent in the people," but does it follow that therefore these delegates may exercise all power? The question is too absurd to be seriously entertained. And if such delegates moved an inch beyond their specific instructions, the Judicial Tribunals would be bound to hold their action for naught. Now, in what docs the case we have supposed differ from the one at issue, where, there being no prior assembling en masse, the mouth-piece of the body politic has, in the first instance, specified the dangers to be guarded against, and called, not a Convention of the people, en masse, but a Convention of their delegates, to provide against these specified dangers? The Legislature has acted in the stead of the people ; the people have accepted their action, and have sent their delegates. For what purpose ? Of course, only for the purpose indicated in the call; no other could have been contemplated. To say, then, that a Convention of dele- gates, called for specific purposes, is " above the Legislature and above the Constitution," if thereby it is meant to affirm they arc untranimeled by the objects of the call — is to say they are above the people. But gentlemen who claim omnipotence for a Convention assem- bled for special objects, tell us, in a reassuring sort of way, that these delegates, though they are, in fact, "the people," yet " they cannot depart from the established form of Government, and must preserve the political and moral consistency of their action. " Now, if such Convention he the people, then, under the Bill of Rights, they may "alter their form of Government, in such man- ner as they may think expedient :" /. e. they may change any given form to anv other form of Government 284 HISTORY AND DKI1ATKS OF It is bat boo palpable thai tins oarelesa use of the worda •• the people," Mini '• We," ;^ applicable to the j • . >>r their delegates indiscriminately, is not only a misapplication ol terms, but .-i dangerous confusion of i < l«-:i ^. It is do answer, Imt a mere sophistry, to say thai the Legislature cannot re-trict the " political power inherent in the people." For if fas is oar ease), instead of the people themselves assembling, and directly delegating power to their Bgents, they iiccept the legislative call, then threy accept it with all its restrictions ; and there would Been as much oversight of good faith, ar- of reason- able inference, in- any other con ol onion Will gentlemen, impatient of logical difficulties in the cast, venture to clsim that the representativi is not bound by the will of his sonstituentfl f Why, sir, the admission that 1 cannot depart from the established form of Government, but must pre- serve the moral and political nonststency of his action," is a l>ar to any such assumption, and concedes that delegates arc not the people, nor above them, but only subordinate agents, and subject to trammels which '-the people" may disregard, "as they may think expedient." Yes. sir! I concede to my friend from Dallas, that while bont fide acting within the fair scope of our delegated power, cither in the direct act of seceding funn the hostile Government, agxinst which the legislative Resolutions (adopted by "the people," as their deed-of-attornev, ) authorize u- to protect the Commonwealth, or while doing anything incident to Bueh secession, and necessary to make it sate or effectual, then we, in feet, stand in the verj stead of ''the people of Alabama," and may well Bay, '• We, Un- people." But when we trample their commission under foot, and usurp authority not oonferred, we becomes mere lawless mob — we den o-alize, and Bap our legitimate authority, and bring reproach even upon the n sores we have rightfully adopted I ask, Mr. President, how can the Captain, who habitually dis- regards the order- of his superiors, control his own subordinate And how can the Colonel influence his Captains when he himself usurps authority, and Beta the example of disobedience '( No, 6ir ! Man is more an intellectual and moral, than physical being; and human COBtrb] belongs* rather to moral than physical forc«\ Yes, Mr. President ; rightful influence is a connected chain, reaching from the throne of the Almighty to the footstool of humanity, where crouches the humblest slave. And at what- ever point a link is broken, all below is insubordination, confusion and anarchy. Can we ignore the inexorable laws of logic; can we ignore principle, truth, and (Jod, and still expect to maintain THE CONVENTION OF ALABAMA. 285 our moral power ? I warn gentlemen, when we usurp jurisdiction not confided to us, we destroy our prestige ;ind influence with our constituents; and giving just cause for disregarding our authority, in one particular, we invite suspicion oF illegality, and provoke opposition to all our measures. Sir, the. friends of Secession will have burdens enough to carry, and possibly sins enough to answer for, without turning to the right or the left from the straight and narrow path of our limited duties. Tliis measure proposes a radical change in a long-settled policy of the State, involving momentous interests, well calculated to arouse fierce passions, and array factions in a blind antagonism, that may overshadow and put in jeopardy the great principles and interests specially and solely Confided to our charge. Why should earnest, single-minded secessionists, needlessly array the friends of internal improvement, of banking, and of the credit system in general, against their cause? Arc they unconscious that thou- sands, with potent influence at the polls, appreciate no principle but the palpable dollar, ami find nor music nor joy in rights and liberties unattended with present ring of metal? Gentlemen confidently say. thire is no Reconstruction party in Alabama, and that there will be none. Disregard of possible dan- ger m 13 prove a fatal security ; atid 1 beseech the true friends of our movement to hew ire lest, in heedlessly rushing forward, we ptniuhle, fall, and find a stronger enemy Upon u-. And especially, sir. why meddle with this exciting, and therefore dangerous topic, when our actiun. being beyond our commission, would necessarily be nugatory? For it needs mi argument, to prove that the agent Cannot bind the principal wherein be has exceeded the powers speeili, d in his commission. I cannot see how this measure is either within the express grant of power to us. or in any way incidental to the same It is l.y no means certain even 'Int it will popularise OUT great measure of secession with the people. Those who like it will think we hive only dme our dui\ ; while those who disapprove, will regard it as an usurpation, and a wrong, fur which the whole movement will he held U\ answer, lbiicf iCtioDS are so.ni forg >ttcn, wlrle injuries are neither forgotten nor forgiven I understood my distinguished colleague to intimate that "We, beiny sent here to protect prupeny, ad this measure l»< i n ir emi- nem l\ eonsci vat ive of propei ly, it is therefore wit Inn the scope and object of our power- Now, Mr. I'nsidiiif, I submit that while our enmin ssion IS of much higher import and dignity, it i>, in one respect, b) uo means 286 aiBTom \Nn ih.i!\ti> ov so broad. Wc are sent to protect, ool bo much property, as white supremacy, and the great political right of internal self-control — but only against one specified and single danger alone, t, e. the danger of Abolition rule. Now, it A commission 15 to guard his p-fold againet the wolves, it is true that sheep are property; but it does not therefore follow that II may lawfully imprison A to prevent his frequenting the tavern or gambling-house, although both these practices may be very destructive I • \ - property. And beside, 31 r. President, Buppose we had rightful cognizance in this matter of legislative creation of d< bts, .-till what of it- practieal utility, in view of the facility of always providing some' specious means for their liquidation ? This would tempt to fre- quent evasions of the Constitution in this respect, and, by thus demoralizing the public mind, tend gradually to subvert the whole instrument. It seems eminently impolitic to introduce into the Fundamental Law provisions of Mich easy evasion. The New York Constitution, in order to prevent bank suspensions, din all suspended banks to be turned over to the Receiver; and yet even the Judiciary, a few years ago, when public expediency de- manded suspension, evaded this provision by construing it as ap- plicable only to banks without assets of value equal to their in- debtedm I choose; however, to place my refusal to take cognizance of this question ou the single ground of want of legitimate power over it. But while a n straint, practically commensurate with the object here intended, I would regard as an eminently conservative fea- ture of the Organic Law, 1 cannot shut my eyes to the fact tli.it, as civilization proj I I dii, and the power, to .-nine extent, to anticipate future means, Beem to become more and more access to enable both individual- and nations to keep even juice in the march of human pro g ress. Nor Can I ce how one generation can foreknow all the wants and exigencies of another. This propo- sition, it is tro occasions of actual war and threatened invasion. ]>ut suppose whole cities, within our borders, should be destroyed by fire; or suppose long famine, or some other un- foreseen calamity, should happen, when the public treasury was i mpty, must the houseless and hungry therefore perish rather than draw upon reasonable hopes of the future ? famine has been frequent in the history of many nations; and I remember when the miseries of a terrible conflagration, in Charleston, were materially mitigated by South Carolina lending her credit to enable the citizens to rebuild their homes. The banking facilities of New Orleans, which, to an incalculable extent, have appreci- THE CONVENTION OF ALABAMA. 287 ated the crops of Louisiana, have been chiefly built up on State credit, loaned to the banks. And Louis Napoleon, the greatest statesman of the age, originated the " Credit Mobilicr" an insti- tution in Paris, whose special office it is to facilitate and advance useful enterprises, by lending its interest-bearing bonds, which arc negotiated for money — in short, by a loan of its credit. Indeed, in countries where heavy mercantile transactions are most cheaply and successfully conducted, an abundance of sound interest-bearing securities arc deemed indispensable. And, as civilization advances, in the same ratio we find multiplied the la- bor-saving and interest saving devices of credits, counters, inter- est-bearing stocks, and representatives of money. That these things, like all human inventions, arc attended with evil, there can be no donbt. And their abuse may even endan- ger the simplicity of a pure Republic. But in an age of credit, it may, perhaps, admit of question whether individuals or nations can keep pace with the general progress without, at least, a ra- tional and temperate use of similar facilities to those enjoyed by rival cotemporaries. But, sir, whatever may be true or false in regard to these specu- lations, in the absence of any overwhelming, or even urgent, ne- cessity, and seeing that we are not " the people," but only their agents, I cannot consent to our assuming powers which, by failing to confer, they have reserved to themselves. Mu. Yelverton said : Mr. Premdmt — I have bo disposition to prolong this discus- MOD, and but for its vast importance, should not add a single n mark; but 1 feel called upon to offer a fevr reasons, which influ- ence me to vote for the substitute offered by the gentleman from Barbour, [Mr. Cochran.] I approach it with feelings of delicacj after listening to the able and distinguished gentlemen who havi addressed the Convention on the subject. My responsibility to ;ny constituents for my actiou upon this, as well as all other ions, induces me more particularly to examine and under- 1 wh:.! 1 do. An organic principle is sought to be changed l>\ the amt It is urged thai it will forever protect the faith and credit of the State; that it will hold a complete check upon, and pre- vent improper legislation ; that it will not interfere with existing obligations; that it will prevent corporations from the organiza- tion of such power and influence as might without restraint ena ble them to control the elections ol members to the Legislature. 2$vS BISTORT MTO nxnvTF.s or and i" control the Legislature itself. It seems to me, Mi. Presi- dent, to have the merh of settling these things firmly and unmis- takably, and of providing effectually against involving the H in debts t" be thereafter met with taxation. It has n very high and strong claim upon me as a Representative, upon the ground that it meets and sustains the well-ascertained will of our people against Sta'e ail. or against the load of the Stair's creditor means to Railroad or other corporations. I assume that the people of the State have, through the Iml lot- box, and alter the most thorough discussion, decided against all manner of legislation lookin i />> State a ii will see that the Joint Resolutions were passed with great una- niin'ty, providing for the sail of a State Convention upon th election of certain sectional candidates for the Presidency and dency. The election passed oil, and the contingency co itemplated (or feared) by these Resolutions happened — Lit c >lu an I Hamlin were elected. Now, gentleman, mark, if you please* the attention of power as we proceed. Von argue that the call was p»i ,ji , to prepare for secession. The Resolutions sav, ''to c ai-i ler what is best to be done." If the. gentlemen will allow it, I think 1 can easily demonstrate tlial the power behind the throne vv.is greater than the throne itself. I concede thai the Legislature had power to do what it did. I honor that noble body of true men for their act. They ■nt I v knew that the Res< dutions they passed were not conclu- sive upon the people, and only looked to any assemblage of the THE CONVENTION OF ALABAMA. - JM> people in Convention, because the people had a right to disregard the call ; they had a right to vote lor and elect Delegates com- mitted against holding a Convention — against " considering what was besl to be done, and more especially as man)' of them did elect Delegates committed against secession. Suppose then, sir. for further illustration, that a majority of this Convention had decided against secession, would not the reasoning of the gentle- men, applied to that view, prove that we had assembled to de- clare ami ordain \ refer- ence to either of these decrees of the people of Alabama, it will be seen, in language strong, plain and deaf, that this great right was reserved ; and that all other rights, powers and privileges, w Inch were not delegated to the Genera] Government, were re- tained in the State, in the people', thus the supremacy, majesty and power of control of the State by itself, for itself, has always existed, and was never more potent than now. Mr. President, the gentleman from Barbour [Mr. Buford] is an ahle constitutional lawyer of long experience, and of profound learning, and is equally distinguished for his great devotion to Southern and States' Rights, and has for many years contributed largely to the advancement of these greal principles; and I must Confess, sir. that 1 wa.s much surprised to hear that distinguished gentleman utter the words which left an impression that he wa- in doubt as to the power of this Convention on this subject ; and to place that doubt upon the ground that the Convention had not been called for the purpose of changing our Constitution in an\ other respect than such as was demanded to render complete th< withdrawal of the State from the Tinted States. Other gentle- men have also alluded to this question of power ; and here I pro- pose to show that this question of power has been well consid- ered and ably reported upon bj the Judiciary Committee of this < invention, of which the honorable gentleman from Montgomery [Mr. Watts] is Chairman, and whose Report was unanimously sustained. The subject which called forth that Report was the Ordinance introduced by the gentleman from Mobile, [Mr. Humphries 1 " 19 *.J!)0 HISTOKl \M> KKHATKS Off [iron '^:i_ r t)i repeal of an Act of the late session of tl l,cl the "Staj I....:'" and while the Commit) imous in their opinion as t<> the power of the Convention t>> slate 1 1 p< >i i this and other Bubjeots, yet thej were also (proper- is I think, and as the Convention decided,) of opinion that it . i nol 1"- treating the Legislature with proper respect. Here • is ascertained and promulgated, and here, too, is a line drawn between power and policy. 1 invention has power to control the Legislative, Ex ncutive and Judicial Departments of the State ; if has all power, <>r it has none. [ haye opposed overj proposition to refer to the people any iction of this Convention— m\ reason for suoh refusal has been he same on all occasions: The people arc here; this Conven- Ls tin people; here is the sovereignty, the power and will >f the State; but still, I am willing only t" do whatever is oe- ■ .,-\ to be done. Gentlemen argue that the Constitution does ..it ueed the amendment proposed, because the policy sought to |..iiL r existed. The same argument may be ap- I to everj other change which has been or may be made. It I. because a Convention can be called to revise the istitution. I grant the call. could be made; but as th< State i here in Convention, 1 prefer to save, the expense and time of ther Convention. Gentlemen sa\ that it mi righl as ,ii A.c1 of the L< rrislature, but not as an < Ordinance of n Conven- tion. "Hie question for the Convention to determine i^ simply, whe- the measure is right, and if so, whether the ri ) not r secured by a clause in the Constitution, than bj on Alt of the Legislature ? I wish to aid all 1 can in making the Constitution as perfect as it. can be made. It well any attompts have been made to call a Convention ; that mat have been pointed out and complained of l>\ hep Why this.' Because, sir, the Constitution, though ■ 1 to the condition of the Stair in its infancy, is unsuited to its gigantic manhood. At the last regular session of the Legisla- whi-n the Resolutions of which we have been Bpeaking were ed, a Bill was also passed, calling a Convention of the peo- ple to revise the Constitution; and my recollection is that our able and worthy Chief Executive [Gov. Moore] assigned as one of his reasons for withholding his approval oftheConven- tion Bill was, that the Legislaturehad provided — by thewRetolu i consider what is best to be done" — for the assembling . Convention. The prediction of His Excellency was pro THE CONVENTION OK ALABAMA. 291 phetic; his motive a good one, which was to save the State the expense of two Conventions, when one would answer all the pur- poses. This act, like all the acts of thai great and good man. [Gov. Moore,] commend him to the lasting gratitude of the State. Mr. President, as a member of the Committee on Public Lands, I have on my desk a Minority Report, that I have drawn up to pre- sent to this ('invention against the Majority Repbrl of its Chair- man, [the lion. O. S. .lewett.] That Report is in favor of* making large donations or gifts of the public lands In several Railroad Companies and corporations thereinmentioned. I take the view that this is State aid. and that as. theState has decided against that policy so conclusively, we owe it to the people to settle the question, in solemn form. 1 hope 1 may be excused for alluding to this subject, because I tear that I will not, for want of time, be able to get the ear and action of the Convention upon my Report, and the Ordinance submitted with it. This Ordinance contemplates the setting apart the lands and the net proceeds of the sales thereof, to the payment of the debt now existing, and hereafter to be created on the State by reason of its secession ; it also provides that no appropriations out of that fund shall ever be made for any other purpose than paying the debts of the State, while any debt exists against the State. If, Mr. President, the Substitute in question be adopted, and no donation or appropriation is made by the Convention, a check at least will be held upon the Legislature. T am for this, and hope to see it adopted, as I believe it will in future accomplish meat good. But, sir, if the time allows, I shall urge upon the Con- vention to concur in my Minority Report, and to adopt (he Ordi- nance, T Bubmil with it, as that Ordinance will put it out of the power of the Legislature to make donation or appropriation, and provide for its being paid or given <>ut of fliis land fund ; and on these questions I beg to be pardoned if I suggest to the Conven- tion the propriety of bestowing more attention. It is, I think, cer- tain that the State will in future have to pay for these lands; but if not, and they should become our property, by the Act of Se- cession, then certainly there can be no objection t<> apply them to the payment of the expenses which follow the Act ; and this vast amount of land will be found to be a large item. The Convention has already settled a great Constitutional principle bearing a close relation to the subject- under consideration : 1 mean the amend- ment adopted, which prohibits taxation to raise funds to aid the building of Railroads, &o. If the land fund goes t" pay the debts of tie- State, then every tax payer in the State is equally interested, because to that extent he will be freed from taxation; 21*2 HISTORY AM) DBBATKS Of bat, sir. if the lands are given away to corporations, tin s,- Beleoted corporations only will be benefitted ; and it" it should happen that the State should have the lands to pay for alter the lands are given away, who then doubts the payment t It would have to come by taxation. Who also, 1 ask, would doubt the general dis- satisfaction of the people? They would have proper cause for indignation. Let us carefully guard Against any and every cause for producing dissatisfaction among our people, who have so loug and so nobly proved themselves loyal to the State. Mr. President, when it is settled that the State will not aid companies in building Railroads, a healthy state of things will be developed. It is a fact of which we may justly boast, that our State has great wealth as well as intellectual power; great pride too, in our onward march to prosperity ; then the immense capital of the State, which is now inactive will be brought into requisition; then there will be but one question, that one will be, what Road wt'Upojf .' Such will be built, and such only ought to be built. [Mr. Yelverton thanked the Convention for the atten- tion he had received ; and remarked that he would then settlt <>(/ with some of his distinguished friends in the Convention ; which he did in a most humorous manner, dealing good hits, right and left, including himself in his jests. This part of the gentleman's Speech was especially amusing; but we will not attempt to report ir, as it would be impossible to prescne the manner, which is usually the soul of wit.] ON Till-: POWER OF TAXATION. Section 32 of the Constitution being under consideration, Mr. I>.\im;.\n moved to strike out " private or quasi-public," in the last line of said Section, and insert, in place thereof, "other than M unicipal corporations." Mk. JlMIBOM made an inquiry of the mover of the Amendment to explain his object. Ma. DabOAN said: 1 will explain : my object is to carry out the precise idea of the Committee, but to express it in language that cannot be misunder- THE CONVENTION OF ALABAMA. 293 stood, either by the people or the courts. I am not satisfied with the word, '• >,-/:s of Internal Improvement in the State of Alabama, It is objected, that yon must not tax a man without his consent. Sir, if a man is unwilling to share his fortune, in this way, in the promotion of the general good, when he must necessarily partici- pate in the benefits of a growing fortune, he Ought to be forced to pay his proportion. No man ought to be allowed to stand by idly, with his hands in his pocket, and wait lor his more energetic neighbors to bring value upon hit property by their industry, risk and enterpri/.e. Sir. let us leave I his matter to an untrainiueled and enlightened Legislature — a Legislature whose acts, on this subject, have al- ready been pronounced constitutional by our Supreme Court. It' the Legislature. ha\ ing been heretofore, and so long entrusted with this power, baa done no harm, why refuse longer to leave the power in hands which have been so prudent in the use of it ! Why thus seek to tie them up forever, by this fundamental re- striction ? Sir, there is another and paramount reason why this clause should not lie adopted by this < lonvention at this time. This Con- vention was assembled i"< >r a specific purpose, and with no regard whatever to making the constitutional alteration here attempted. It was- assembled in anticipation of great national emergencies arising out of our difficulties with the North, and to discuss the Lecessity, and mature the plan ot' a separation from the I nion. It was for the accomplishment Of the one great act of Secession lor which it was assembled. That act has been done. And the right, we have to interfere with the Constitution is confined to Bucb changes as the independent position we have assumed make nee v in the perfect accomplishment of this grand object. The Constitution must be so changed as to meet and harmonize the new Government; but it was never intended that we should go to work radically, to reform and amend our State Constitution. This was never thought ot' by the people when they elected the Dele* gates to this Convention. And, in my opinion, we ought only to amend the Constitution wherein it is absolutely necessary to meet the contingencies of the separation. THE CONVENTION OF ALABAMA. 295 Mr. Gibbons said i I Ie w as glad tnat the gentleman from Montgomery [Mr. Watts | had so fully stated his reasons for the opposition lie made to the proposed Amendment. It was one of the gravest questions that had been .submit led to this Convention during its existence, and, in importance, was second only to the Ordinance of Secession itself. Here. Mr. President, let me refer to certain principles now sei- lled for the interpretation of Constitutions, and on which the pro- posed Amendment is based: 1st. It is well settled, that in the interpretation of the United Slates Constitution, no powers could be given to it by construc- tion. It possessed simply such powers as were clearly granted, .•Hid all others were excluded. But, secondly, in the interpretation <>f State Constitutions, the State Legislature possesses all power not directly prohibited. Hence, it became necessary, if we would restrain a State Legislature in its action, we must do so by express prohibitions in (he Constitution itself, as the Legislature would JS all power not prohibited by the Constitution. Now, if these principles arc correctly stated, I ask any gentle man to take up the Constitution of Alabama, and see where he finds any protection to private property? Where is the prohibi- tion in our Constitution which forbids the Legislature to say that the house or the horse of A. shall become the property of B. ? Where is the prohibition to the Legislature from taking money out of the pocket of one man and putting it into that of another? The Legislature surely has that power, unless it is somewhere pro- hibited. The only clause in our Constitution thai tends to protect private' property is, that "private property shall not be taken for public use, without just compensation^ Well, sir, at first glance, it would seem that the major proposition would necessarily con- tain the minor, and that if they could not take private property tor public use, without compensation, much less could they take private property for private use, without compensation. But this does not seem to have been the construction of the Courts. On the contrary, they seem to have considered thai thej were only at thorized to consider those things prohibited which were expressly prohibited, and nothing was mi. by construction ; and aocoraihgl) . the Supreme Court of this State have gone the full length, and have decided that a tax which Is confessedly levied for the benefit • it' a private corporation is constitutional, by \iitue of the mm strained taxing power reposing in the Legislature. Now, sir. let us look for one moment at the proposition unde* 0W> BfSTOBT \\n DBBATM or I what it is in itself. It reads as follows, to-wit: I a shall nol be levied for the benefit of individuals or corpo- rations other than municipial corporations, without • itof the tax payer." Why, sir, one would suppose that the proposi- tion would commend itself a1 once, hoi merely to the p I » iiiit to the conscience of every member of the Convention. TTie ■ 1 1 tut in its favor commences in the Decalogue and reads: ■• ThoU shult not stall;" and ai_ r ail). W ThoM tkalt ii'it COVtt thy neighbor's goori\at<' corporations;" and this power now existing in the Legislature, they propose to leave there unrestrained, and are shocked that the Committee have proposed tolirail the power fop the protection of private property. Why, the proposition as above stated, is one thai must shock tin- moral sense of ever) righl thinking man ! That m\ property, which I have acquired and call mine. can. by a siiii|,lr liat of the Legislature, be taken from me and vested in another man. is a proposition thai shocks the moral sense. It is in \aiu to sa\ that the Legislature will ne\ \ legislative enactment what they would scorn to do as individuals; what, as individuals, they WOUld OOt dare do, because in so doing they would be amenable to the Penal laws of the country. Gentlemen may shelter themselves behind an act of the Legislature in the exercise of the power under discussion, but tiny must recollect that, in morals, it is not the less robbery, not- withstanding tin \ may shelter themselves behind a legislative en* aent. It is proposed by gentlemen to leave in the Legislature a power, and 10 justify the exercise of that power in a mode that would not receive the sanction of anj despot or tyrant on the face ■ •! the earth. I know of do potentate or power on the face of the earth, however despotic or tyranical, that has ever presumed to • monej from the pocket of A. to put it Into the pocket of BL Dynasties and despots there are, and have 1 n. who have levied - upon their citizens for purposes of public eiiterprizes, such as Railroads and other public works, but then the improvements \ Inch the taxes were expended remained the property of the Government, and were in turn employed tor the benefit of the taa-payer, and the franchise put at low rates with a view to his convenience and benefit. But the power contended for by gentle- men is simply to enrich A. at the expense of B., and this by leg- islative enactment. THE CONVENTION OF ALABAMA. '21Y7 Gentlemen talk largely of the necessity of retaining this power for the purpose, as they say. of building lip Railroads and other internal improveinents. Yes, sir, gentlemen are so thoroughly run mad upon the subject of Railroads, and Railroad companies, that they become utterly oblivious of the morality of the means they employ to bring them into existence. \\ ell, sir. Railroads are now the order of the day. The public mind seems to have become enthused upon that subject to the exclusion of all other subjects in which the public have an equal interest. The resources of the country, say they, must be developed, The bowels of the earth must not only be speedily dug out, but must be carried off. That is all very well, Mr. President, and I have not one word to say against it. In those matters, however. I would always ael as I would in other matters ot' private enterprize. It' I wanted a Road and others wanted it also. I would unite my capital or credit with theirs and build it. I>ut I certainly would not steal the means ot carrying it out. Now. sir, suppose we have the taxing power oi the Legislature in the same condition as we found it on assembling here; a power, in fact, unlimited, whether for the bene- tit of the public or for the benefit of individuals, or private cor- porations^ who can tell how long the public sentiment will run in favor ot' Railroads '. Suppose it should take a religious turn and it should be deemed important that churches should be built in every township in the State, would not the enthusiasts upon this subject have the same right to call upon the Legislature to tax the people to build churches and to huild up religious societies, as those have who worship the god of this world? Who will rise Up here and say that the wealth of a State is. in importance, su- perior to its morals ? Have not moral and religious corporations the same right to have taxes levied for their benefit as Railroad Corporations] What guaranty have we that the exercise of this power will be confined to Railroad corporations 1 Does not the principle contended for by gentlemen apply as well to churches, holds, turnpike roads, bridges, ferries, and even theatres '. The public have an interest in all these, and each of them have the same right to call upon the Legislature to levy taxes in their he- halt' as Railroads. All the difference between them this day is. that the popular sentiment to-day has a decided tendency to Rail- roads over and above ail other things ; but this is no evidence that ten years hence it will lu- v,,. The moment that popular en- thusiasm takes a different channel and runs in a different direc- tion, then that subject becomes the one of paramount Importance, and tin' Legislature is invoked to build it up. ami 10 matter at whose expense. ■_".'*» HISTORY \M> i>KHAll> 01 Now, if private property is worth anything; if it is coi liable to be industrious and economical, and therebj t.i beconv thrifty and wealthy, then it becomes important t<> prop- erty as well from the inroads which the- Legislature ma} maki 1 1 1 »• • 1 1 it as against those which individuals may make. Il should, in fact, be sacred. The citixep owes i«> the commonwealth in which he lives lull allegiance, and this includes his aid in Bupport and in defence "t" thai commonwealth. Taxes, th< refore, ina\ well be levied upon him for this support and this defence. Tbie power is not denied, nor is il Bought to interfere with it in an\ manner whatever. Bui 1 deny most emphatically that the L< lature ought i" have the power either to take my money and giv< my neighbor, or to take il and give it to a private • lion, that seeks to run a Railroad b) my dwelling, or to make any other improvement that, in its nature, is a private enterprize. Mit. .1 KMbus said : If this proposition is adopted, i1 will put it oui of the power nf ;iii cities which have already created Bonds, and have their now outstanding, to comply with their obligations. Mi;. ( '"< hi; \n said : The difficult^ suggested by the gentleman from Tuscaloosa, [Mr. Jemison, | can be obviated by the proviso which 1 will offer, if the gentleman will yield me the floor for that purpose. I wouh not be willing that the Committee's proposition should be adopted without such an explanatory ameudment. It was not the d< of the Committee t<» interfere with existing obligations. [Mr, Cochran read bis amendment, providing that the proposed ehangi should not, in anj way, applj to existing liabilities.] \l ft, .1 imi-un said : If the Section, as amended bj the Committee, should be adopted, i his |.rn\ iso would be necessary, and would relieve the proposition from the objections I suggested. The city of Tuscaloosa has < iracted a debt, by authority of an act of the Legislature, for the purpose of aiding En the construction of a Railroad, and, although I did not vote for the tax, I am in favor <>t' meeting the Bonds it I faith. But, even with the proviso of the gentleman from Barbour, | M r. I Sochran, | I am still opposed to this amendment i f the Constitution. 1 would prefer to leave OUT Citizens free to b< taxed if they chouse; and 1 am not willing to admit that a man must never be taxed without his consent. Men are often unwill- THE CONVENTION OF ALABAMA. 299 ing to be taxed ; and to say you shall not tax a man without his consent, is equivalent to saying you will not tax him at all. The money you got from a man b\ his consent, would be more pro- perly called a contribution than a tax. Mb. Dargan saitl : I will explain my motive for voting For this amendment. What is the meaning of the word "Tax ?" It is money levied for public use, by the Slate, and for which the tax-payer expects no return. except the pr< >t eel i< m of the State. It is a burden which the tax- payer owes to the State for his protection. This meaning is per- verted when the power is used for any other purpose : more par- ticularly is it perverted when the money is caused to be paid for the purpose of procuring certificates of stock. When raised for such purposes, there is an implied contract — it is a bargain be- tween the parties — therefore it is a perversion of the power to levy a tax. Thus you can force money from a tax-payer, for the benefit of private individuals, against his will. It is a violation of the Constitution thus to raise money by taxes. The Constitution says : "the property of no man shall be taken for public use without just compensation." Money is property. 1 am willing to advar.ee the public interest by my purse, but not by the perversion of a great principle. This amendment will not arrest the progress of public improve- ment, as insisted on by the gentleman from Montgomery, [Mr. Watts. | He proposes to force an unwilling tax-payer — you will coerce me to become a stock-holder, though lam unwilling to sub- scribe for the stock, upon the ground that I am a tax-payer. Vet 1 answer you, this is not a legitimate tax. It is not tax, but an in- vasion of niy right of property — it ia& violent atuture. The old policy is fraught with danger and injustice. The large property- holder i- at the mercy of the small property -holder ; and in such communities as Montgomery and Mobile, those, who have little or no property, are largelj in the majority, and can force the large property -holders to do as they please, if you give them a chance to do it at the ballot box. The Railroad system of Alabama will prosper as rapidly under this proposed amendment, as under the old system — and even with moie harmony, and on a just principle. If you assume the right to tax your citizens to build Railroads, why may you not do it upon the same principle, for the pur] of building a line of Steamers '. You may as well charter a Stock Company to build and run a line of Steamboats from Montgome- ry to V w ( Cleans, and raise the money by taxing the property' 300 BI8TOR1 \m> DKBATKO OP holders of Montgomery, upon the specious grounds that the steam- ers will improve the oommerce ol the town, and thereby enhance the value of the property of the tax-payer, Sir. tliis is an Important question : we are framing an Organic Law for a new Stat* — let it be so framed in language and meaning that it cannot lie misinterpreted — so that under the Law, the pro- perty of all iiicn niav be equally secure. Mk. \Y \tts said : l%e gentleman from Mobile, [Mr. Dargan,] and the gentleman from Monroe, [Mr. Gibbon?,] have not presented this question in its real aspect. They have represented me as advocating a new policy. Mk. I > \i;<; in : The gentleman misstates me. I wish to change a poticy which has heretofore been pursued, and which the gentleman, [Mr. Watts.) wishes still to adhere to. Mk. Waits said : Alabama i* forty-tw'o years "Id. having been formed into a State in 1819, ami this amendment proposes a change — an interpolation into the Constitution of something unknown — something unheard of: and it is my motive to prevent this interpolation. Has anj harm been heretofore done by the authority of any act of the Legislature on this subject I Is the policy, the practice and the happy experience of forty years to be cast awaj .' Before this is done, will you not require those gentlemen who advocate this change to show some good reason for it '. It', in fort} years experience, no damage can he found to have grown on; of the old policy, why should we abandon it I The gentleman from Monroe. [Mr. Gib- bons,] seems really to he afraid to sleep, lest the Legislature du- ring his slumbers, maj invade his rights of property. 8urely,he cannot have spent many quiet nights during his residence in Ala- bama; Cor the policy which inspires. him with such apprehensions has always prevailed in the State. It need not l.e disguised. Mi-. President, that this proposition 8pring8 from the Wishes of a few dissatisfied individuals. This old policy of taxation for the benefil <>f Railroads, having operated in- juriously in some respects, to the private interests of certain indi- viduals, all the weight of their legislative influence is brought to bear against it here. We should not legislate for such persons, but for the general good. THE CONVENTION' OF ALABAMA. 301 In regard to the tax by the city of Mobile for the Great Missis- sippi and Ohio Railroad, which has conferred such vast benefits upon that city, I understand that, at the time of taking the rote, there were only seven votes recorded against it 1 I am amazed that this dissatisfaction should come from Mobile. It is urged that you should not tax a man without his consent. Sir, there are classes that should be taxed without their consent ; there are men who refuse to aid in all improvements, because the investment does not pay satifactory dividends. They prefer to loan their money at two and three per cent, a month, and thus grind the very citizens who build up the country. Shyloek re- fuses to aid in building a Road which will enhance the value of his own property — but he loans his money at usury to the citi- zen, who. not only returns him his unholy per cent., but who adds increased value to his property. This is his double thrift. Such a man ought to be taxed, and forced to pay, if unwilling to pay. His soul docs not rise above a picayune; his vision is limited by the end of his nose; he is almost unfit to lie an inhabitant of a thriving city. Such men are not the class for which we ought to legislate. In casting about for the beneficiaries of legislation, they ought to be regarded most, whose lofty feelings and enlarged views extend, not only to the advancement of their private inter- ests, hut to the growth and development of the country — to the building up of cities — to the spread of civilization, and to the general prosperity. Mb. Dargan said : I have said before, that a Tax, in its proper sense, is a sum of money required by the Government of its subjects, to enable the Government to perform its proper functions, and for which the subject receives no other return than that of protection. It must, therefore, lie levied for the < iovcrnineiit. and not for 8 private corporation, or for the use of a private person. Hence, all taxes levied tor the benefit of Railroad Companies, (unless it lie with the express consent of the tax-payer,) are im- proper and unjust, and is a departure from one of the great ob- jects of Government — the protection of private property. But if the tax-payer eon-., Mils to the tax, and thereby receives stock to the extent of the tax he pays, this is not strictly a tax, hut is in the nature of a contract, \,\ which the tax-payer becomes a si, up- holder in the Companj : or, if he should consent to the tax with- out receiving anything in return, still, the consent expressly giv- en, justifies the levy of the money, not a- a tax in its proper 30'2 BISTORT AXi> DKI1ATKS or •. but as a sum of money contracted to l.e paid on a legal consideration. If it Were true, Mr. President, that the progress and comple- tion of Railroads required a departure from the great principl< — the protection of private property — 1 should hold on to the prin- ciple at the expense of Railroads. But the amendment, in nay judgment, -will not impede in the slightesl degree the building of Railroads, or the making of any other public improvement, li only prohibits the making of 6ueb Roads or public improvements upon improper principles, or rather in :i legal, not in an illegal manner. I think that all communities will aid willingly by consenting to a tax, when 'In- work is of such a character as promises pub- lic benefit arid commercial advantages. True, there maj be some fin' who may object, bill the number will be/ew; and it seems to be the object of the opponents of this amendment to reach those few.; andtoeffecl that object, the} would sacrifice one of the most valuable principles of Government, ami to initiate the doc- i lino, that private property may be taken without the consent pf the owner, and without confiscation, if a majority be of opinion it will be a public benefit. I would not. Mr. President, violate this great principle for such a, purpose. It will hen poor compensation for the destruction of such a principle that we extract from a few misers, as the\ have Keen called, a small sum of money by way of tax ; audi cannot think how a wise statesman would, for such a purpose, im pair a principle so vital to the peace and happiness of society . Hut,. Mr. President, the opponents of this amendment do not i in understand it in another view. They saj it will prevent all cities and municipal corporations from undertaking any pub- lic work, Or the erection <•!' an\ Railroad. In this they are mis taken. If a municipal corporation be authorized by its charter or by an Act of the Legislature, to subscribe as a stockholder to a Railroad, the amount subscribed will be a debl that the city will owe, and must pay it in the same manner that they arc hound to pay an\ other debt. Bui then the stock will be prop- erty belonging to the city, and the dividends, if any ever be realized, will relieve the tax-payer />ro tanto. The amendment does tiol prohibit the Legislature from ena- bling a city or incorporated town from becoming a stockholder; therefore, the Legislature maj give such authority ; and if the Committee who reported the amendment intended by it so to restrain the Legislature, they have failed to accomplish the object, they had in view. But I do not understand that it was so intend THK CONVENTION OF ALABAMA. JJOo ed by the Committee The great object, As lam informed, the Committee had in view in proposing this amendment to our Con- stitution, was to place beyond cavil or doubt the great principle that private property, "whether money. land Or personal proper- ty other than money," should be held, sacred, and beyond the pow- er even of the Legislature, unless taken fof taxes in its proper and legitimate sense. Mr. Gibbons said : Mr. Pr< sil bisto&i urn dkbatbs or trust still the Legislature, Mid triumphantly asks, " Has tin- Le- gislature done any harm?" Mr. President, I do not know whether <>r not the Legislature of Alabama have done anj ham ; luit I do know, that by virtue of their power to levj taxes, they have imposed upon the city of Mobile the duty of contributing, to tlif great Northern Railroad, some twenty-three hundred thou- sand dollars, without their consent; and I know, further, thai the Supreme Court of Alabama has pronounced this law, levying such tax. constitutional. Whether it is harm or not, depends very much. I presume, upon the medium through which we view it. To me it is harm; to the gentleman, and to the stockholders hi the Company, I doubt not it »* no harm whatever. A large, mass of property-holders, with myself, thought it harm. an. I tried to L'-'t relief by application to the Courts of the country. Hut the Courts replied to us thus : •• We must administer the law as we find it: we cannot make laws to meet particular cases. Inas- much as this taxing-power is unrestrained by the Legislature, we are not authorised to pronounce the law unconstitutional, however unjust it may be in itself." This, sir. is our answer; and it is the answer I. tor one, expected to receive, if the case ever was made to turn upon the Constitutional question. 1 have been satisfied for years, that under the current of the decisions of the Courts of the country, there was no protection whatever in our Constitu- tion for private properly. This defect is what we now propose to remedy, by this Amendment. I certainly would be prepared to trust the Legislature still, if I had not seen and felt that that body had entered upon a career of legislation that will inevitably lead to the most unmitigated tyranny. Amendments, similar to the one proposed, have bees called for and adopted by almost all of the Northern Slates. We cannot claim for our Legislature greater purity than theirs; and yet the} have Keen forced to pro tect private property, b\ clauses directly in the nature of prohib- itions, upon their Legislatures. The gentleman from Montgomery | Mr. Watts] does not pretend to den) a single principle that we state, hut simply because, as he says, I and the gentleman from Mobile have been injuriously af- fected by a particular case, therefore the principles that we avow, and the arguments by which we support 'his Amendment^ must lie entirely disregarded. Mr. President, particular cases, .affect- ing me or any one else, have nothing to do with the question un- der discussion, except as they may serve for illustration. As illustration, I am not afraid of them, and coinimmd them to the lination of every member of this Convention. The gentleman from Montgomery seems particularly anxious THE CONVENTION OF ALABAMA. 305 to become the guardian of the Misers and Shylocks, a? he terms tjhem, ot the State; an I h e wants this power left with the Lej iature. in order that lie may make them shell out. The gentleman forgets that the Misers and the Shyloeks of this country hold their property and their money by the very title and right by which the gentleman from Montgomery asserts the principle of devoting his to Railroads. They hold and refa'n (heir property by the same principle precisely that the profligate spends his. Now, if the ges tleimin is justified in taking, by force, the. key of the chest of the Miser or the Shylock, unlock the same, and take their money, by the same right he mav tak< the property of the spendthrift, and devote it to Railroads. Each is an interference with that perfect dominion over property which each citizen possesses by the laws of nature and society, an.: which cannot be interfered with but at the risk of society i'lselt The very reason that the gentleman gives for interfering with tlu property of the Miser and the Shylock, to divert it to Railroads would apply to every species of public improvement, ari< amongst all those improvements, if taxes could be levied for all. Neither the gentleman, nor any one else, would be envious of the Misers or the Shyloeks in their midst, for there would be none within their reach. Those that such legislation did not ruin and reduce to poverty, would flee beyond the jurisdiction of these laws. But, sir, we. are told that this Amendment ought not to be adopted, because it is not properly wiihiu the scope of the pow- ers of the Convention. That this Convention came here to pass the ' Irdinance of Secession, and such Acts as are incidental to it and nothing else. Mr. President, I know not where gentlemen gel their ideas of the duties of this Convention. They certainly do not get them from the Act of the Legislature calling the Com vention ; an.l I shall never yield my assent to that narrow view of my duties in this Convent ion, until 1 see some authority for it. My ideas are that it is our duty to pass all Ordinances, and make all Amendments to the Constitution that, ought to be made, and thereby save the expense of another Convention. Those are my views of my duty here; and with those views j must v..te for this Amendment to the Constitution, to protect pri- vate property. Bui the gentleman says, we have lived under the Constitution over forty years, and trusted the Legislature all that, time- wh) not trust it still.' Mr. President, that argument* if it pro anything, pro?es too much. If it is of any foroe whatever to the extent of doing away with every Constitutional pro vision. The gentleman may be prepared lor Midi a move Bfl 20 lllsToin AND DERATES OF that, luit 1 am not, and I trust the Contention is n<>t. Well, sir, if it ii important to bare anything secured by Constitutional raarantys, ii surelynnBM !><• acknowledged that private property \t in importance t<> personal rights; and while the latter arc well secured, there is not, yet. the first guaranty lor the for m a l, \I a. ( 'in hi: w said : i would iiut be willing t<> vote Tor the Am. mihii nt reported bj the Committee, without the explanatory proviso which 1 bav< d, intended to meet the objections suggest d by the gentleman from Tuscaloosa [Mr. Jemisonl. This proviso having bees idopted, I will- endeavor to call tfie attention of the Convention i» the real question presented by tin report of the Committee. Vd(J i must saj . that so wide and excursive has been the rang i'liatc, that, had 1 not been <>n the Committee, and thereby well :mroittee t was n<>t the intention of the Committee to int< rferc with the islature, in its power to levy legitimate taxes. It leaves the islature entirely unrestricted on that subject. 'The leading object of this proposition is, to protect private property. It will l>c seen then, at once, that many matters have been referred to in •his debate, which are not at all natural or applicable to the sub- ject. Shyiock has been denounced, and the large hearted man landed. Neither of diem has anything to do with the subject. '"he proposition asserts the principle that you shall not take nio- iey out of one man's pocket, without his consent, to advance the interests of ;l corporation. is there any thing terrible in this? Is there any startling inno- • at ion heir, filled with coming disaster- to the State, or to the rights or interests of the people.' The Legislature, heretofore, baa bad and has exercised unlimited power to levy, and to authorize the levying of Taxes. We propose, simply, to restrict that ppw,n- own property. Instead of protecting our pro perty, thai (Government sought to destroy it. We seceded — to assert the great principle that we will use our own property as we please. It was the duty of the Federal Government to se- cure me in the free enjoyment of life, liberty, and property. When it ceased to do that, it absolved me from my allegiance. Wc have heard much of the inclinations of men to make two and three per cent, per month on their money —and that these arc the men who arc unwilling to subscribe to railroad-', because that sort of stock will not contribute to gorge the appetite of Usury; and that these men ought to he circumvented by the in- genious devices of the Legislature, and reached in the way of tali - upon their property. Sir, no more destructive principle could be fted. It i< of the same class as the one already referred to — of forcing shyloek to disgorge. It-- very foundation \s \n />rrr ; and force is not law — but the vital principle, the lever, of des- truction. / the companion, but the great an t agonist of the law HOB HISTORY AND DKUATES OF \i ,.. Hi MPHKDH said : ret very much, Mr. President, i" have to come in contact with m \ t \\ ut if I were to remain Bilent, urder the cireum- st:im-. s, I should be remiss in my duty; especially as tbe inter- ests of Mobile have been frequently referred to in this discussion. Tbe citizens of Mobile would I"' greatly dissatisfied it' this n mre were adopted, and 1 ana free to express my astonishment that any citizen oi Mobile should favor such a proposition, in the nice of the great benefits that have resulted to that city from the very policj which it isnow sought to destroy. Mr. Humphries spoke a1 some length on the Mobile and Ohio Road, referring to the aid which it had received from the oorpc* ration of the city of Mobile, and the great benefits that the Road had brought the city and the country ; spoke of the class of per- sons that had opposed it, and referred to several instances where- in individuals who had opposed the Road had been made rich by it in the increased value of their property. Mr. Gibbons i lam not opposed to the Road, but 1 object to the manner of raising the money to build it — taking money from the communi- ty and giving nothing ill return. Mi;. I Iimimikiks : Our experience .shows that there have Keen returns — the most substantial returns in the increase of trade ; the large advances in city property ; the growth of the city, and the wide-spreading prosperity of her citizens. It the citizens of Mobile ha- 1 a vote on the same proposition by which this Road was originally aided by their city, it would be Carried, three to one, now. I am not so much Burpnsed at the position of Judge Dargan. He is opposed to Railroads; always has been; they make too much noise; they disturb him and frighten his children. Whether this policy of city corporations granting aid to Kail- roads m ill be for the genera] benefit of the State, I will not speak — am not prepared to speak; but I am willing that tbe rest of the State should have, at least, the chances of trying it. It would look like ingratitude for the city of Mobile, after having reaped I' uefits from the polioy, now to deny it to the other portions of THE CONVENTION OF ALABAMA. 300 the State. I am not willing to say that the State at large, or any city in the State, shall be deprived of the benefits of a policy which, having been tested by Mobile, has proved to have been of great advantage. Mr. Morgan : I arise to do what I have, never done before. — to give the rea- sons for my vote. Dallas County is as much interested in Rail- roads as any county in the State. I am myself a sto khold r, and so tar am identified with all that pertains to Railroad enter- prise aivl Railroad sueeess. A large portion of my constituents are deeply interested in the de cat of this Measure, and yet, I shall vote for it. This is a delicate position ; hut I am making a fundamental law for an infant State; arid having discovered a false principle, I feel it my duty to remove, it. What is that principle? That you may raise money by taxation without the consent of the tax-payer, upon the presumption that the enter- prise upon which the money is to be used will enhance the value of the property taxed. This principle ought to be taken out of the Constitution. The Legislature needs to be restrained. I am in favor of this restriction and of some others. The Legislature has no right to pass a law taxing a Citizen, except for the legiti- mate purpose of supporting the Government. I would, then, restrict the Legislature ; and I would so guard the Treasury that no extraordinary debt should be contracted for the State by its legislative agents, except for the emergencies of an insurrection or rebellion. The Section is now so worded that no technical issue can gro*H out of it, and no bond or obligation heretofore entered into can We affected by it. It presents a naked principle of Government." undisguised and needing no explanation, proclaiming the doctrine that the people shall not be taxed, except for the legitimate sup- port of the State. I feel the delicacy of my position, and regret that, I am com- pelled to vote against what I suppose to be the presenl wis u my constituents; but in this I am acting for the future prosperi- ty of a people whose fundamental laws ought to bo matured without regard to sectional or local inclinations. Mr. \Yiiati.i;y said : Mr. President — 1 was on the Committee that reported this Amendment. I do not think it ought to be adopted. I agree 310 HISTORY tm> HKHATES OF with the gentleman from Montgomery [Mr. Watte] in hie unan- swerable argument touching the jurisdiction of this Convention. We are not bore for the purpose of revising the Constitution. We were called for the one specific purpose of dissolving the [Tnion, and ol' adapting the ('(institution and Laws to the exigencies and euergi Dciee of the radical ohange which Secession necessarily makes ill our situation. This done, our powers cease. The ques- tion of Taxation is remote from that of Secession — is not by any means connected with it. and h not in any way affected by it. The subject of Taxation, as much, if not more, than any other question, belongs to the legislature; it is always of present and immediate interest between the people and the licprc scntative ; it is a matter of annual consideration and regulation ; a subject upou which the constituent is expected to be consulted every year. Let us leave it where it belongs. But the policy proposed is, in my mind, objectionable. It is a •troke at Internal I mpro\ emeiits in this State; and this is the time ior Alabama to make vigorous efforts in the way of Internal Improvements. On this question we arc confessedly behind the age. Our sister, Qeorgia, is far in advance of us; and this is ow- ing to her rapid and onward career in Internal Improvement*. We have made a beginning; we have many roads in progress We begin to feel the spirit of the sge, and our progress is onward Do not let us now, at this juncture, adopt a policy which will crash Internal Improvements — and such will be the inevitable re suit of the adoption of this measure. Qeorgia, the Empire State of the South, owes her present envi- able position to the mode by which she, in part, built her roads. She did not hesitate to tax her people ; their money was used freely, by millions, for the general prosperity. She is now reap- ing her reward. 1 admire the candid remarks of the gentleman from Mobile [Mr. Humphries], lie admits the great benefits resulting to the citizens of South Alabama from the former prevalence of the policy which you now seek to destroy; and expresses himself as unwilling, now, after having reaped these benefits, to deny the same to other portions of the State. This is liberal and just, (jive us in North Alabama the same chance you have had in South Alabama. And this is the time when we shall need all aid and all encour- Bgement. Alabama must now depend upon herself; she must look to berself alone) and she need not shrink from the contem- plation if she has a fair chance. Our hills, mountains and valleys groan with mineral wealth, coal and iron in abundance. All WC want is facilities for manufacturing, and roads to market. THE CONVENTION OF ALABAMA. HI 1 But the gentlemen are mistaken in the law to which they have referred. The positions taken by the gentlemen from Monroe and Mobile, that there is no protection to private property under the law, as construed by the courts, is certainly without foundation. The gentleman from Monroe says, the Legislature might say that my house shall be yours, and that my horse shall be another man's. The gentlemen have not properly read the existing law. In the case of Dorman vs. the State, ild Alabama, the Court say that private property shall not be taken, except by due course of laio ; and the Court sa} T s, due course of law is equivalent to a judicial trial, and not a legislative enactment. The same principle is re- cognized in the case of Sadler vs. Langhoru, 34 Ala. Then, sir, the Legislature cannot transfer my property to another person, by a simple legislatiVi enactment) but only by a jury trial, or, at most, by a, trial at common law. DEBATE ON THE PUBLIC LANDS. Upon a motion made by Mr. Jewctt, to reconsider the vote by which the Public Lands in the State were fixed at a price depen- dent upon tlif Length of time they had been in market. Mi;. .Ikwktt said: I have been absent lor a short time from the Convention, am. ■ luring that absence, a very important matter has been under cor- e Lderation. Your attention lias been occupied with a discussion of the price at which the Public Lands of the State shall be offered to pur chasers, at private sale. This is, in fact, the most important que* tion arising under this Ordinance; for unless you establish a pro- per basis fur the disposal of these Lands, the) will become ji plague, instead of a benefit to the State. Too low a price will throw large, bodies of tin; Lands into the hands of capitalists, am. speculators. wIki will purchase and hold them from market until their increased value will cause them to he again offered for sale, at greatly enhanced prices ; and too high a price fixed upon them wili effectually prevent any sales by the State — whereas its true policy undoubtedly i>. to dispose of the entire body of vai lands a! an early 'hi\ . The interest of the State will not besubservedby its eontinuinr U2 HISTORY AND DKBATSfl 09 ccupy the position of proprietor of lands that can only become valuable by actual cultivation and improvement. Its true object -hi'iild be to invito immigration, and dispose of the fee simple to di Mich lands as will meet "with demand from' actual occupants md cultivators. So soon as the tide of immigration sets towards my portion of the State, its lands immediately come into market, it matters not how long previously thereto they may have been offered for sale without finding purchasi fS, I find that a vote has already been taken, in which a price has been fixed, dependent upon the. length of the time the lands have been, or may be in market, and subject to private entry under the Laws of the United States, and of this Stale. It is my design, to show the Convention that the result of this course will be unfortunate, not to say disastrous to the State. Large bodies of Public bauds lie in the Southern and Mid die 'por- tions of the State, and [understand, also in the mountainous parts of North Alabama, that have been in market a long time. These ands are not valueless ; they have not been sought for because hey were remote, from navigable streams and Railroad conveni- B; they are valuable for the timber upon them — tin- the mines of coal, iron, and other minerals they contain, and for the depos- te ol'massable limestone, and Other valuable building materials bo be found upon them. These lands, I say, only require to be brought into notice by the construction of Railroads in their neigh borhoods, and they are daily increasing in importance, from the Internal Improvement policy, which appears to have become a fixed idea at last in our State. In my own section of the State, there are large tracts of vacant. land, well timbered, but otherwise of small value, that will be cer- tain to become saleable when penetrated by Railroad. These lands rill, before long, be ifl demand, and will Very readily Bell, in the neighborhood of Railroads, for the largest price fixed upon our Public Lands, in this Ordinance. But, these have, many of them, been offered for sale since 181'.), and at. the price which this Sec- tion as amended fixes, will be offered for sale at twenty-five cents per acre. The inevitable result of which, will be to cause large tntries of such lands by capitalists — their withdrawal from mar- ket for many years, and a consequent injury to those portions of the State in which they lie. It will always be ascertained before he location of the route of any Railroad, where they are to run, with sufficient certainty to enable speculators to enter the most valuable, sections of land contiguous to its line, and any one con- versant with such matters, must readily perceive how the low nice fixed upon these lands, will operate upon the interests of the THE CONVENTION OF ALABAMA. 313 State. For these reasons, Mr. Chairman, I move to reconsider the vote by which the price bf the Public Lands has been fixed, at double the graduated price established in Section twenty-nine of this Ordinance. On his proposition to cede the Public Lands in Alabama to the Confederate States, Mr. Clakke, of Marengo, said: I shall vote for the substitute just read, because I believe justice to our sisters of the Confederate States, and the Interest of the people >if Alabama, require its adoption. The Ordraanoe offered, concedes the title of Alabama to the Public Lands within her lim- its. She acquired that title when she resumed all of her rights of sovereignty ; but that the States forming the United States have equitable rights in this property, she has already admitted by ex- pressing her willingness to account for the same, on a settlement with the United States, if any such is ever made. It cannot be doubted, that prior to the secession of Alabama, every State in the Union had the same interest that she had to the Public Lands within her borders. These lands had been ceded to the United States Government in trust for the States. If this be so, has this interest been forfeited ? We say to the United States: if you will settle fairly with us, we will account to you for your share of this property. Why do we make this proposition ? Be- cause we feel that it is just and honest, that we should do so; as each of the States forming the United States, had as much inter- est in those lands as we had, and if we refuse to pay for such in- -t, it is because they withhold from us our interest in proper- ty which is equal to theirs. We act on the same principle that a parly at law docs, in setting up his set-off. But, sir, that principle will not apply to our associates in sc- session. They withhold no right we had to any property within their borders, as far as I am advised; if so, we do not complain of it. Then, sir, why should we deprive them of their lights in this property 1 ? Suppose Georgia and South Carolina, or either of t.hein, were to say to Alabama: we had the same right to your Public Lands before 1 ; you seceded, that : you had, and we demand our share — we are willing to account to you for your interest in any property within our borders. Could Alabama refuse it, un- less she was willing to commence her political life anew, bj re fusing to her sisters what, she was willing to concede to a hostile stranger? -".11 HISTORY AM) DKI1ATKS Of But, sir, the Slates forming the Confederate States, have not <>nl\ the right to an equal participation in this property, growing out of their former title, but pur title is to In- perfected b) then ; either through the influence of the Confederate States as a nation. or by the power of her armies <>n the field of battle. Then, sir. if the equitable rights of our sisters are equal to ours in this pro perty, and they have perfected our title thereto, common justiot requires that it should be the common property of all. Bin leaving out the moral obligation which we should rigidly observe, the interest of our people requires that We shall turn over this property to the < 'onfederate States. If the 1 baited States and the ( lonfederate States, have a peacejul adjust menl of the matters now in controversy between them, each will have to account tor tin property they possess, in which both are jointly interested. If the Confederate States have the possession of the Public Lands. the whole matter can be settled without embarrassment. Then will lie no danger of this property being wasted in grants n schemes of Internal Improvement, as our Constitution wisely pio hibits such appropriations. If on the other hand, Alabama ap- propriates it to her own use. we shall see our Legislatures beset b\ Railroad Companies, and other corporations and societies, clam oring for grants and donations, and in a short time all of the lands of any value will be squandered away. Experience teaches us that my prediction will be fulfilled. Then, sir,, if in a treaty l>. tween the Confederate States and the United States, we are re- quired to account for these lauds, we must resort to taxation t< redeem our pledge and discharge our duty. It' we are never call- ed on to settle with the United State's for the value of these lands. I venture the prediction, thai we shall be, some day hence, by Georgia or South Carolina, if the lands arc worth anything; and we shall be compelled, for reasons I have before stated, to recog- nize their rights, and respond to such call ; and then our people will be taxed to ivplaee that which has been recklessly wasted. If the lands are worth nothing, then our State should not be burdened with their management and disposition; they ought to liea fund for the oommon benefit of all the. Confederate States. I believe the passage of this Ordinance will relieve our Federal Government of embarrassment, and the people of our State Iron, heavy burdens; and will remove a cause which may be a source of discord and contention between the States of our Confederacy and the State, of Alabama. [Mr. Morgan replied to Mr. Clarke, after which Mr. Clarke proceeded :] THE CONVENTION OF ALABAMA. 3l5 I have but little to say in reply to the gentleman from Dallas, as he has not attempted to controvert the soundness of the rea- sons advanced in support of the substitute. The gentleman says, Texas is unwilling to surrender her lands — which I think probable, as none of the Confederate States, ex- cepting herself, can pretend that they ever had any interest in a foot of her soil. When Texas was annexed to the United States, she retained all of her lands, and in any settlement hereafter to be had with the United States, I apprehend it will not be con- tended that she will have to aooount for property in which the other States, or the 1 nlted Stales Government, never pretended to have any interest. 'lhe gentleman next cites Florida, whether on reliable authority or not. 1 am not advised. If, however, it be true that Florida es- chews the rights of her sisters in her lands, it does not prove, that she is acting justly, or that they will not some time hence demand a settlement and accountability of their interest; and we cannot be justified by her unjust and unwise course. It is the duty of the seceded States to cultivate the most kindly relations, and it would be the part of wisdom to set Florida a good example, with the hope that she may repair her error. The gentleman says, the Confederate States have no interest in our lands, and whilst it would be generous in us to give away our property, honesty does not require it: and in the same breath, says, honesty requires us to account to the United States for the value of the lauds, if we ever enter into a settlement with that Government, of the matters in dispute. I must confess I cannot understand on what principle) or by what process of reasoning, he has attained his conclusion, If honesty requires us to account to the United States for these lands, it is because each State forming the Union was equally in terested in t his property , which the gentleman is willing to admit. Then, it is conceded that the seceding States had every right that the States remaining in the Union had, and I cannot see how those separating from us can retain their righto, whilst those acting and uniting their destinies with us, lose theirs. It may be safer to gratify our avarice at the expense of friends who would submit rather than expose us — a degree of forbearance we might not re- ceive from 01 1 1- North mi brethren. The Ordinance to dispose of the Public Lands being under con- sideration, 3IG 1I1STOKV AM) DKHATF.S OF Mr. JsWETT sail] : I have been surprised to hear two or three members of the Convention propose to turn over to the action of the Legislature, which will not be iii session for nearly a year in come, all matters embraced in the Ordinance, reported by the Committe on Public Lands; and still, more surprised to hear assigned, as a reason Tor such Course) that we arc not sufficiently informed upon the sul>- ject to act with prudence and safety at the present time. It certainly argues a want of information upon the questions involved, and particularly shows an ignorance, mi their part, of the scope and design of the Ordinance now under consideration. But 1 am at a loss to discern how they can charge this body with such want of knowledge as is requisite to dispose of the Public Lands which have now become the property of the State; an 1 am very far from being convinced that the Legislature is a more com- petent body than our Convention, to do all that is necessary in the premises. To show you how injudicious it will be to refuse to consider tin- < Ordinance reported, and adopt, in lieu thereof, the crude prop- ositions ol" gentlemen, I need but call your attention to the manner in which one of them proposes to meet such difficulties as are apparent upon a single glance at his plan. He merely pro- poses that we shall rcenact the laws of the United States formerly in favor in this State, in regard to the disposal of the public lands. Ami when it is suggested that the condition of affairs is materially altered by such changes as have grown out of secession; and that there is no officer in the State upon whom we. can devolve the duties of supervising and regulating the many matters constantly occurring in the different Land Offices, he proposes, without a moment's hesitation, to invest the Governor of the State with the same ppWCF as was previously vested in the President of the United States in that respect, when it must be known to every man conversant with the laws of the United Slates, that the Pre- sident had the most insignificant duties to perform in respect to the Public Lands — his signature to all the patents for land being affixed by a private Secretary, and his power t<> review and pass upon the decisions of the Commissioner of Public Lands and the Secretary of the Interior being merely appellate. I repeat, that I am surprised to see so grave a question as the disposal of the public domain, embracing several millions of acres pf land, at- tempted to be settled here by the passage of three or four Reso- lutions, or the adoption of an Ordinance of some half a dozen sections. THE CONVENTION OF ALABAMA. 317 The entire question involved in the repeal of the Ordinance of 1819, which ceded the waste and unappropriated lands of the State to the United States Government — and our State's future policy in regard to such lauds, has been before tin 1 Special Committee ap- pointed at the former meeting of this ('(invention, to consider these matters, and they have engaged the earnest and careful at- tention of tlie Committee. After considering these questions in all their bearings, and the propriety of pursuing a line <>f policy similar to that which induced the Stale to cede all its vacant lands to the United States Government, when it entered the old Federal Union, the. Committee have come to the unanimous con- clusion to recommend a different policy, and to advise the State to retain the I'ublic Lauds for its own use, and to dispose of them under its own laws and regulations. They have accordingly re- ported the Ordinance now under consideration, which establishes a Department of Public Lands, appoints officers to carry into effect the laws and regulations for the sale of the lands, fixes the prices and establishes the mode of selling the lands. It further confers privileges upon actual settlers and the occupants of neigh- boring farms, and establishes preemption rights ; following, in these respects, the laws of the United States, which obtained pre- vious to our withdrawal from the Union. There are, also, some general provisions for the correction of mistakes by purchasers and hmd officers, and certain regulations to prevent fraud and favoritism. These matters, as I have said before, have been carefully pre- pared, and are entitled now to the attention of this body, com- mensurate with their importance. The Ordinance- makes no disposal by grant or otherwise of the lands themselves, or the proceeds arising from their sale, to any Kail road, or for any purpose of education or otherwise ; and so tar as remarks have been made in this debate upon the impolicy of diverting the public, lands, or the proceeds of their sale, from revenue purposes, they are wholly foreign to the true issues under consideration, This Ordinance, as I have previously remarked, merely pro- poses to supply such laws as are requisite to enable the State to ■ell its vacant, hands, in place of those laws ot' the United States previously in force, and repealed by the Ordinance of Secession. To have our Land Offices closed, and all the lands wit hhcld from market until the Legislature Can meet and enact laws for their eiitn and sale, will greatly em harass our citizens, and hin- der the settlement of many portions of the State, in which lands are now sought for improvement and cultivation. This Ordinance .'US BfSTOftY AM) DKDATE8 OF has i ired W ith a \ n \\ of esl t for the disposal of the vacant lands of the Stab . tnilar to thai ■11 under the United States * loi i rnment, for a like pur- and which has been found to operate well, both to the eiti- /cii who desired to purchase, and to the G i mem which ocoo* pied the position of proprietor of the land. There are features in this Ordinance, as reported under the instructions of a majority of the Committee, which do n< I meet n ith the approval of every member, and some of which, I am tree bo sayj are objectionable to me ; such, for instance, as the < Btab- lishiiHiit of County Land Offices, under the charge of the Ju< of Probate, for the sale of the Public Lands. These feato however, it' equally objectionable to the majority of the Conven- tion, may be easily corrected, and the Committee expected that. in many respects, the Convention would make alterations and ad- ditions to the Ordinance; but it is urged, mosl earnestly, that do reason exists for rejecting the whole Ordinance, and particularly those parts which are satisfactory to the Convention, because other parts ma^ not meet with like favor. I suggest, that the whole subjeel be taken up in a Committee of the Whole; that we entertain all motions for amendment; debate fully all suggested alterations; and I have no doubt we shall be able, without the consumption of much time, to eml i in this Ordinance as safe and prudent regulations for the disposal of the lands of the. state, as an\ fotu uld enact upon the subject. Mi;. \\ iiai i i.» said : Mr. President -The gentleman from Marengo [Mr. Clarke] denies our right to the Public Land within the State, in this 1 disagree with him. I contend that we have not only the equita- ble right, but the legal light to these Ian. Is. How did these lands originate, and who was originally the owner of the Bame 1 These lands were ceded l>\ the State ,,1' Georgia, l>\ the Articles men! of 24th April, 180% What was the object of tile cession ? ' me of the objects of the cession was to create a com- mon-fund t'"i- the I nited State-, for the defence of the Stat.-. That object bat now ceased ; we no longer ask the United States for defense or protection; we have taken our defense into our own hands. "The reason ceasing, the law itself ceases." The United State, not being required to afford protection, the funds provided for that parpese should not remain vested in the I nited Stab THE CONVENTION OF ALABAMA. 319 MY. President, another and more important object of the 068 sion by Georgia] as stated in the 5th Section of the Articles of Cession in 1802, is to " form a State, to be admitted as such into the Union," on an equal footing with the other States. Now, sir, I contend that a*! soon as Alabama assembled in Tluntsville, in 1810, in her sovereign capacity, she then assumed her sovereign- ty and right of eminent domain. She was then clothed with the legal title to these lands, and fiduciary trust of the United States was discharged. The Government lias impliedly admitted our right to these lands, when Alabama was admitted into the Union. The United States required that Alabama u should forever disclaim all right and title to the waste and unappropriated land lying within the territory of Alabama. 7 ' If the State did not own the lands by virtue of her sovereignty, why did the United Slates require the State to disclaim and cede all her rights to these lands ? Certainly our right is clear to these lauds. We have retired from the partnership on account of the violation of the articles of that partnership. AN e have a right to hold the assets in our possession until the account is settled. Sir, we do not tear that. iccount — we have much less than our full share. The Confederate States have not requested us to transfer these lands to them ; and have we any assurance that other States in- tend to transfer their lands'/ It is said, it' we take these lands we shall have to pay an exor- bitant price for them — the price which the Government asks for the same. This is not the law, sir. In no case are we liable for more than the reasonable value of said lands, however touch the Government may charge for them. [Ainsworth vs. Patillo, 1 ."» Ala. Reports.] Then, sir, if we have to pay for them, it will only be what they bring in market — what is received by the State. Mn. \Vatt.s said : .)//-. President—] do not propose, at this late day ot the Con- ention, to enter into as extended discussion of this important and complicated subject. I %\ish simply to make some ml 'ions in the way of argument, to show that the amendment of the gentleman from Marengo, [Mr. Clarke,] should not be adopted : Uld to show why the amendment which 1 shall offer ought to be tdopted. '\"tf prop - tion of the gentleman from Marengo is to rctU- all the Public Lands within Alabama, to the Confederate States of \mcrica. In his reply to the gentleman from Dallas. [Mr. Mor- iiisToky 1ND DKBATKfl 0* mn ] he baa said that there is doubt as to Alabam 1'a title to th. [*ubli( I within her borders. It* his icnt be true, liis proposition ought not to be adopted. His prop tssertion that Alabama lias no title. Ala- i certainly cannot, an 1 ought not tb convey a title t>> a t : which sin- doee not own. I have no doubt that tne effect b&ma's Secession, and the establishment of her ind<-pcndenc< the United Btates of America; invest her, according to settled principle's of international law. with the title to all the la within her border. I will not the argument to show this. But, sir. we ought not, in ray judgment, to c the < Jonfederate > : at a. ■ -. by th ■ ( !on, federate States is in do itial or important to th ,,t th States. If wo look to the past history <>t* tin- I h iching this we cannot fail to discover, from \a- rious reports made to Congress, that as a source of revenue, the Public Lands have never oeen of service to the United Si The coste of purchaa ■ other acquisition, have far exceeded, in dollars a the amount ever received from them into the iry. The advantage arising from the publio domain lias not consist.'.! in money ; but in furtihishing homesteads for families, incn and stability of population, and in all the progress and wealth which Bpring from the cultivation of the sou, and in the content incut and happiness, and patriotic impulses which cluster around fixed habitation and permanent fu.mes. ^<» fully was it shown, in the Congress of the United States, that the Public Lands were worthless as a source of revenue, and that the) served but the fruitful fountain <>t" dishonest combinations and "log rolling" nfiea of corruption, that, as long ago as fifteen years, th< greal Carolina Senator, with the ken of a prophet, and the wis- dom ! . proposed, that the whole should be relinquished to the control and ownership of the States in which they were lo- cated. VVe shall be unwise it" we remain urttaughl by the histor) of the past. I have an amendment, which I Bhall offer at the proper time, which declares thai these Public Lands belong to Alabama ; that th v shall be under the control and subject t<> tin- disposition of tho General Assembly, to be appropriated to three specific pur- : : One-fourth to citizens of Alabama, headsof families, tute of lands; and that the remainder shall be approprii to the pufposesof Education and Internal Improvements. I will read the amendment, which I pro;. use to oiler: THE CONVENTION OF ALARAMA. 321 Be it further ordained. That the General Assembly shall ap propriate one-fourth of the Publio I, amis, now unsold, and unap propriated, under rules to be prescribed by the General Assem bly, to citizens of this State, beads of families destitute of home- steads; and the remainder to the purposes of Education and In- ternal Improvements. Here, Mr. President, are three great purposes to be accom- plished : The first looks to the stability of our population, and encourages that manly independence which animates the heart of him who has a spot of earth he can call his own; that love of country, which has its root at the hearth-Stones, and happy homes of the bttmble, yet independent tiller of the soil. Iladl the time, I could show by the light which issues from two thousand years of the world's history, that the beginning of civilization, in every age ami every country, has been coeval icith the cultivation of the soil; that from the seeming curse imposed on man, by the Al- mighty : " In the sweat of thy face shall thou eat bread !" has grown the greatest temporal blessings ever conferred on our race. \i:d we all know, that in times of war, we look with confidence, fbf the defence of our liberty and honor, to the soldiers who come from the hills and valleys of the land, with hearts full of the thoughts of home and the holy memories of ihc jirend' . The first object to lie acccotnplished by my amendment needs but to b ■ named to meet the approval of the Convention, The second is Education. This needs from me no lengthened comments on the benefits of education. In a Government whose basis is the people, it needs no argument, to show, that the wisdom of its administration, its power, prosperity and progress, depend on the intelligence and virtue of its citizens. We are admonished by the advancing civ- ilization of the age, and by the love we bear to republican in- stitutions to spread broad-cast, the light of knowledge through our land. Our own State Constitution, adopted, forty years since. declares that " schools and the means of education shall forever he encouraged in this State. v The means heretofore adopted have fallen far snort of fulfilling the purposes ; audit' these public lands ota thus be appropriated, they will furnish the means of equalizing and making sure and steadfast the benefits intended to be con- ferred by our past compacts and legislation. The inequalities in the distribution of the funds heretofore devoted to education can then he avoided, and the whole harmonized intot' patty, that many people confound them with improvements within each e by its own Legislature. Two things could not be mure < 1 i t '- f'erent than the powers of a State, and those of the Federal Government. The latter has no powers except those del- egated in its Constitution ; whilst, by the terms of almost every State Constitution, the Legislative power extends to all proper subjects of Legislation, restrained alone by its own, or the Federal Constitution. The geographical situation of* Alabama requires as a part of a wise policy some encouragement to a system of Internal Improvements. North and South Alabama are sepa- rated by mountain barriers, such as to make us almost two sepa- rate and distinct people. This should not be so. Along these mountains and valleys cannot be found the wealth to aid in the instruction of such improvements as will make the people of Alabama otn people. This can only be done by the aid and en- couragement which the whole people as represented in the (Jut let us now fix the purposes to which they shall be appropriated. The purposes to which I propose to devote them, form the pillars of the greatness of every civilized people : permanent, honest, and fixed population, intellectual wealth) and commercial power, constitute the glory and the grandeur of a Republican State. THE CONVENTION OF ALABAMA. 323 THE RATIFICATION OF THE PERMANENT CONSTI- TUTION. The Permanent Constitution was submitted tp the Convention on the 12th March. Mr. Jemison offered a Resolution, providing that the Perma- nent Constitution be submitted tor ratification or rejection, tp a Convention of the people, to be hereafter elected. Mb. Jemibon said : .)//•. Pri's/ilcn(—\ think (his is the plan which we ought now to pursue. Tiic question is a grave one. ami surrounded with main difficulties. It must be admitted, that when we were elected to this Convention, it was not contemplated, either by us or by the people, that we should be called upon to ratify a New and Perma- nent Constitution. It is true, that the language used in the Joint Resolutions of the General Assembly, authorising this ( Jonvention, maybe construed so as to embrace in its meaning this power; and Indeed, every conceivable power ; but we should look not only to the intention of the Legislature at the time, and to the reasons that induced them to act. I nit we should look carefully to the pre- sent state of the public mind. So far as I am individually con- cerned, I have no great preference for the plan that I propose, and 1 am moved to it by the respect that 1 have for the people, as well as by what I conceive to he my duty to them. I do not wish thus to avoid the responsibility of a direct vot. the ratification hero, for I should have no hesitation whatever to vote for the ratification now. Thai there is great dissatisfaction prevailing in . bme sections of the State now. in reference to our acts heretofore, there is no doubt : and we must recollect too. that this dissatisfaction, to some extent, at Irasi. is owing to the fact, that the < >rdinaiice of Secession was not submitted to the people. We should have res pact tor their scruples and wishes. And I can conceive of' no more ellectiial way of satisfying the people now, than by submit- ting to them this Constitution for ratification. I would have no fear of the result. There is no pretext now in the way of this course. We canuof plead the want ot' time, nor the necessity of hasty or rapid move meats. And, in my Opinion, unless \ve have hitter reasons for immediate ratification hanS, and at onoe, a ratios*] on our part to #24 HISTORY AND DEBATES OF submit it (<> the people, or to their newly elected Del< g will greatly increase the dissatisfaction. So far as I am Concern- ed. I endorse the Constitution fully, and am prepared to vote for tification. Mi:. Hkookp, the President. [Mk. Wkbb in the Chair.] said : There ean lie no use in the course sugg< .-ted by the gentleman from Tuscaloosa; no necessity for it — it will he a mere waste of' time. [Mr. Brooks was proceeding with his remarks, when Mr. Mor- gan asked and obtained leave tooffer a substitute.] Ma. Watts : There is no earthly use in the amendment offered by the gen- tleman from Dallas. [Mr. Morgan.] as will he seen by reference to the Preamble to the Constitution. The Constitution provides that only the seceded Slates ean ratify. Mr. Mokgan : I wish to adapt our language 1 to the plain eomprehension of the people, so that there should be no misunderstanding. If we rati- fy, and the other States do not. we will then have two Constitu- tions. Mr. Watts : I low call that be. when the Constitution provides that it must be ratified by live States. In-fore it is binding? .Mil Mokgan: Explained further his position, and made some general ob- servations in favor of the policy of ratification by this Conven- tion, at once. The people would never ratify by a direct Mite. This doctrine of a direct vote of the people on ratification, was absurd and odious. A reference would give rise to many dis- tracting questions. The African Slave Trade question would be brought in; the question of Reconstruction, with all its agitating features, would be brought in; and many other questions of suf- ficient abstract merit to excite the people and arouse opposition, but o| no useful importance. Our fathers never would have rati- fied the Old Constitution by a direct vote. w THE CONVENTION OF ALABAMA. 325 Mr. Dargan said : Mr. President — It ought to be gratifying to us, who are friend I\ to this Constitution, to hear such unanimous expressions of praise bestowed upon it. It meets with general approbation here — we have heard no objection urged against it. If it is so perfect that the Representatives cordially endorse it, this argues that it will receive the approval of the citizens. Then, why not adopt here, and at once, that which we know will be approved by OUT con- stituents I If we have the legal right and power to adopt and ratify it, and this, no one seems seriously to deny, why postpone action ? The. relations we hear to our constituents authorize us, in matters of great delicacy like this, to take upon ourselves the responsibility of action. I have thought that war would be inevitable ; that our redemp- tion would have to be worked out by war. This may be, or ma\ not be. From present indications, there are some hopes of Peaoe. But whether we are to have Peace Or War, all must admit that our success must greatly depend upon unity of action, and the earnestness with which we push our measures. It is proposed to have a new set of Delegates to ratify this Constitution. That would be unwise, for new Delegates would be harrassed with new questions and new issues. If you look to the dissatisfaction that is said to prevail, you see it is, to some extent, confined by geographical limits. The adversaries of secession, will seize the occasion of a new election to introduce the deal met- ing elements of reconstruction, and other kindred questions. Such efforts, if earnestly made, would produce the most unhappy state of public feeling; leading, probably, even to war and blood- shed. If we arc now of one mind, let us seize the golden oppor- tunity, for we have in our grasp peace, prosperity, and security. Let us ratify this Constitution, and close the subject at once. Mr. Kimball said : Mr. President — The refusal to send the Permanent Constitu- tion of this Confederation to the people of the state of Alabama. for their endorsement or rejection, is to my mind unfair and illiberal. Have the people of the State <»f Alabama no rights as a sovereign community? Now, sir, it is my purpose to *dte for the Constitution, and in doing so, I desire that I may be placed in a condition to justify myself, the Constitution, and the action of a majority of this Convention. Will the Convention refuse the consummation of so desirable an object? Is the Convention de- :;•_'(". HISTORY \M> DKBATKfl OF iiicl to fetter us hand and fool and Bend us home, unprepared to defend and justify the action here .' In the bo! haste to adopt the Ordinance, <>n the ground that Alabama should secede before Lincoln's inauguration, now exist. Time is now no special consideration; we have full time to conferand deliberate. Scud us home prepared to defi nd vi ii ir net imi on the subject of this Constitution, and I am satisfied that we will be enabled to satisfy, and to reconcile the people. This Convention must be apprized, thai we are pledged by our people, to refer the action ofthis Convention to them, for their rejection <>r endorsement. Thai the people of the State should be united, is certainly desired by this Convention and the country. In the results of the old Government priginated the idea of seces- sion/ on the ground that the Government, under the old Constitu- tion, was a failure. This induced the State Convention to adopt the Ordinance of Secession, to create a new Government and a new Constitution, based on the old one. Now. Mr. President, in the formation of a Permanent Government, the term would imply strength and durability. If so; it' t lie old Government so formed, was a failure, where is the additional guarantee that this one is not also ;i failure? Is this Btrpnger than the older one? This Government claimed the right of separate State secession, and by that process, dissolved the old one; then here is the precedent, and any State of this new Government may. with a less reason, destroy the pr< si nl at pleasure. Then. Mr. President, the gentleman from Mobile, [Mr. Dar _ran. ] saj s. not a member of this Convention has objections to the new Constitution. I do assure the gentleman, that I have ; but thej are Dot insuperable; and it is my intention to vote for the I institution. Mb. ('i.auki:, of Laurence, said : Mr. President — Shall the Constitution of the Confederate States of America lie submitted to the people, for their ratification or rejection t In other language, shall the people govern them- selves ? What a singular interrogatory to be propounded, in a de- liberative assembly of the l'.Kh Century! [f a similar question had heen asked in t lie bloody days when Kobespicrre murdered, it would have excited little surprise; but, sir, that the delegates of a people, whose freedom is their proudest boast, should even enter- tain a question ofthis character, is a political phenomenon — a sig- nificant paradox. Sir, are mildew and decay about to fall upon the principles established by the conflicts and consecrated by the THE CONVENTION OF ALABAMA. 327 blood of the revolution ? Is the great fundamental law of all free governments, about to be repealed? Has experience demon- strated that the patriotic people of Alabama are incapable of self-government? Has the mere act of secession wrought such a wonderful change in their capacity ? Is it possible that such things shall be u and overcome us like a summer cloud without our special wonder?" The solemn matter for the arbitrament of this Convention, is not what degree of responsibility each delegate is willing to assume. The self-complacent and defiant air with which members flippantly declare that it is our duty to lead, and not to follow the people, is a specious argunu ntum ad homimim ad- dressed to personal vanity, and can only affect those who are afflict- ed with this most contemptible of human frailties. If considera- tions of individual responsibility alone were involved, I would dare as much as any other member in the right direction. The true question is, how far is this Convention willing to aggress upon the clearly defined rights of the people ! Sir, the refusal to refer the Constitution to the people, whom it is to govern, for their ratification or rejection is a bold, unauthorized and dangerous ad- vance in the wrong direction, and can only be justified by the rea- sons which tyrants have always quoted in defence of their usur- pations. I am not willing, at least, without the excuse of some overruling necessity, to assume the responsibility of doing wrong. We assembled here for the patriotic purpose of protecting, and not of infringing, popular rights. To establish more firmly the great principles of civil liberty, and not to subvert them — to preserve, and not to abolish, the land-marks of our fathers. That this Con- vention does not possess the unlimited power, asserted by thoge who are opposed to the reference^ is perfectly manifest. Th e p ainest principles of construction, when applied to the warrant o: our commission, sufficiently demonstrate the truth of this proposi- tion. " We are convinced," in the language of the resolutions of the General Assembly of the State, passed at the session of L85&- 60, "to consider, determine and do whatever in our opinion, the rights, interests and honor of the State requires to be done," on account of the election of a Black Republican President to the Chief Magistracy of the Federal Union. The power hereby con- ferred creates nothing more than a gem ral agency for a special pur- pose. In consonance with the mandate of these resolutions the Convention determined on the 11th day of January, ultimo, that the " rights, interests and honor" of the State required that the Ordinance of Secession should be passed, and acted in harmony with that decision. Now, sir, it is a correct principle of construction that whenever 328 HISTORY AND DKHATES OF ■jl power is expressly granted, all others of an auxiliary character which are necessary to make it effective pass by implication. It follows, therefore, as a legitimate consequence, that whatever inci- dental acts are made necessary by the principal one of secession, this Convention ought to perform. Baying withdrawn Alabama from her connection with the old Government, whatever Ordi- nances are necessary to adjust the State t.> her new politiotl statu.- should be enacted, and no more. When this much is |e- complished, the members of this body ought, modestly, to consider themselves functions officio, If they assume to do more, their acts will wholly transcend the letter and spirit of their authority, and only be successfully defended upon the hypothesis of the existence of some such overpowering necessity U wonld itself justify an ac- tual usurpation of power. Mo such necessity exists. The pow- ers of the Provisional Government are ample for the protection of the State, its citizens and their property, at least during the short time which would be requisite to enable the people to elect fresh delegates to another Convention. Sir, the latitudinous construc- tion given to our Letter of Attorney, by those who seem so fond of the exercise of a " little brief authority," would be infinitely amusing if it were not so utterly absurd. Whatever they have resolved upon, they find no difficulty in discovering power to au- thorise. As often as their commissson is doubtful or obscure, their construction invariably results in an enlargement of their powers; and when their facile construction fails to give the power which they desire to exercise, they take it any how. When they are told of their usurpations, they politely reply, in courtly eu- phemism, " we are only assuming the responsibility." They for- cibly remind one of the three celebrated interpreters of their fa- ther's will in the Tale of the Tub: When the most ingenious and artful construction had been resorted to in vain to find a war- rant for their desires, they very wiaefy added a codicil of their own invention. But, sir, I am indisposed to argue a proposition so perfectly plain and simple. Grant, ex gratia arffumenti, that this Convention does possess the power to ratify the Constitution — are there no reisous of expediency which render it highly impolitic and unsafe to exercise it? The political mind of the State is already much agitated and aggrieved — the times are troublous and revolutionary — in some sections the people are mad and discontented — the Southern Confederacy only inaugurated — the experiment incom- plete and the fate of the Government by no means determined. The policy of this Convention should be to appease and not to inflame — to allay and not to foment popular excitement; and, if possible, THE CONVENTION OF ALABAMA. 329 to extinguish the latent fires that smoulder amid the ruins of the old Government. Not only are the people expecting, but they are earnestly desiring, that the Constitution shall be referred. This is not the. peculiar wish of any one party — it is the common de- mand of all. The people, submissive to rule, as this body seems to think, know their rights, and will insist upon their assertion. ]t is quite easy to incur their displeasure — but to assuage it, " hoc opus hie labor est." The uiau who, voluntarily and without the shadow of an excuse, not only spurns their will, but violates a great prin- ple of enlightened government to do so, will be held to a rigid accountability. By all means the Constitution should be sub- mitted to the people for their own examination and stftdy. Let its principles be well canvassed, and its provisions thoroughly un- derstood — then, if the people shall ratify it, the Government will rest upon a solid and durable foundation. Its permanency will be insured. The people, if they ratify it, will love it and submit to it cheerfully, because it will then be the Government of their own selection. But, sir, if you impose it upon them, what assurance have you that it will survive the first wave of popular indignation ? Why, sir, if every word of this Constitution smacked of inspira- tion itself, and had been promulged amid the lightnings and thun- ders of ;i modern Sinai, it could not be expected to outlive the rage of a disfranchised people. Let it be understood that the great right of man to govern himself, is in danger; is to be overthrown, aud once more the armor of Liberty will glitter upon a thousand sun-lit hills ; again the songs of the free and the watchwords of the brave will echo through our valleys, and the masses, rising in the majestic grandeur of a popular upheaval, like the great globe when shaken by the throes of an earthquake, will topple this Con- stitution from the purple heights of its imperial despotism. The provisions of the Constitution itself, will not be considered. The people will regard its ratification by this Convention as conclusive testimony that their rights have been outraged. The refusal to refer, therefore, involves an experiment hazardous in the extreme and eminently foolish, because it is wholly unnecessary to be made. This Government, sir, like the old, must be founded upon the con- sent of those who are to live under it. A Government erected upon any other basis cannot, in the nature of things, be otherwise than ephemeral, and of right ought not to be. The history of all such is graphically written in the fate of Iturbidc — one day illus- trious, the next fallen. A people so long accustomed to the usa- ges of free institutions, will hesitate much before they surrender their inherent right of self-government. If the Constitution is a good one — which I by no means deny — the highest motives of pa- triotic duty would require its ratification, and there is no doubt BISTORT AMD DBBATBS OF tliut to intelligeal people would do it. It", on the contrary, the Constitution is :i bad one, no sane man will dare 10 Bay that it ought to be ratilicd. Whether it is «_r« >• >< 1 <>r bad, therefore, the most powerful reasons demand its refi n There is no necessity for the immediate ratification of the Con- Btitntioo ; aad moreover, Bach telegraphic celerity and indecent haste are wholly inconsistent with the solemn importance of the Bubjeot and t be grave conaeqnences which are to follow the act. When delegates deliberated calmly, States were Blowto ratify per- manent Constitutions. The States of Rhode island and North Carolina were engaged f vri'vr the Ordinance of Secession to the people. The wiser and more republican policy of other seceding States. was expressly repudiated. Thus, the poor privilege of even ex- pressing their opinion of an act which destroyed a Government sacred in the estimation of many, was superciliously denied. Whether these acts are invasions of the fundamental principles of self-government, it is immaterial to inquire. Whether the;, are real or imaginary injuries is wholly unimportant — the peo pie entertain their own opinions upon these subjects, and will no doubt express them, and that, too, in a Very emphatic manner. THE CONVENTION OF ALABAMA. 331 whenever an opportune occasion is presented. If, in addition to all of these just grounds of complaint, another insult is to be offered to popular intelligence and sovereign right; if, as the crowning act of aggression, and last scene in the drama of usur- pation, the greal principle of all/Wr government, that the people have the right to frame the system of government under which we live, is to lie rudely assailed and recklessly subverted by an inconsiderate, unjustifiable and inexcusable refusal to refer die Con- stitution to them, what opinions will the people of the State form of this Convention? By what name will history characterize it .' How shall posterity regard it? It will be a by-word and re- proach wherever the name of Civil Liberty is respected. If this policy is adopted, the arrogant declaration that the Convention is omnipotent, will indeed assume an air of fearful portent. Om- nipotent ! But whether for good or evil, is a question of momen- tous interest. Little, alas, did the bright-plumed genius of Civil Liberty, when she winged her flight from the royal oppressions and monkish persecutions of the Old World to build her gorgeous palace on the flowering wilds of the new, dream that she would meet her doom by the assassin's knife, and find a grave in t lie home of her adoption ! It is no answer to these arguments to affirm that the failure of the Convention to ratify the Constitution will impair the credit of the Confederate States. Broken, Shylocks and money-inon- gera are an astute class of speculators, and will need no prompter to inform them wfro ratified the Constitution, No shrewder men can be found, and no one knows better that if the ratification of the Constitution by the Convention is a practical invasion of the well-recognized principles of republican Government, that so far from augmenting, it would materially diminish the credit of the Government. The argument that a reference to the people will result in unfortunate divisions among them, is not entitled to tin 1 smallest share of respect. Temporary dissatisfactions among a people are prevented at grave expense, when the great principles of free government are the juice. The only other reason as- signed tor the immediate ratification of the Constitution is, that .1 second Convention would necessarily entail considerable public expense. Ye gods! Barter the liberties of a people for paltry pelt'.' Enslave a Stats to protect its Treasury'.'' Cautiously protect the pecuniary interests of a people, while you coollj de- prive, them of their rights I An < Higarohy with its heel upon the neck of Liberty speculating aboul economy ! Without intending any disrespect for the gentlemen who offer it. I entertain f<*r this argument no other feeling than that of the profoundesf contempt. 882 BBTOBT AM) HKItATES or Much more might be said, Mr. President, but I torbear. These considerations are sufficient to convince me that it i-^ a high dutj which we owe our constituency to refer the Constitution to thetn for ratification or rejection. Without expressing any opinion concerning the merits of the Constitution, I shall vote against it exclusively upon the ground thai I am unwilling to depart from republican usages and the time-honored land-marks of ;i tree peo- ple. I am not disposed to decide ;i question for my constituency which I think it is their clear right to decide for themselves. 1 am acting in obedience t>> a great principle. No remonstrai persuasion or reproach can make me depart from it. \\ itli it l am willing to "survive or perish." 1 came here the representa- tive of a free people, and so help me < rod, 1 will return as I came. I hope, sir, the Constitution will be referred. Mr. Stonk said : Mr. President — The reasons assigned by gentlemen in favor ol submitting this Constitution for ratification to another Convention, only confirms me in the opinion that it would be unwise to adopt that course. What, sir, would he the condition of things in Ala- bama, it' new elections were now ordered '.' The remarks of gen- tlemen show, beyond a doubt, that angry aud bitter discussions would result from another contest, in this State, for delegates. The public mind would again become agitated ; new divisions would spring up among our people. The most aetive efforts would be made by ambitious partisans to inspire distrust and dis.-atisfac- fion with the political action of our State. Our divisions would be exposed and magnified in the face of our enemies; our friends, both at home and abroad, would despair of ever seeing us a united people; and all this, sir, at a time when union, harmony, brotherly reeling, and concerted action among ourselves, are so much needed to secure the great objects 6f the Southern movement. Sir, 1 desire to see no fountain of bitterness now opened up among the people of the State. The old antagonisms that have grown out of discussions of the questions in past contests, instead of being re- vived among us, should be buried forever. But, Mr. President, we arc told that the people should be consulted, with reference to the Constitution which is to be adopted for their Government Sir, they have been consulted. Everywhere, they have declared their unalterable attachment to the principles of the Constitution of the United States. The Constitution of the Confederate States, which we propose now to ratify, is substantially the same instrument as the Constitution of the late United States, under THE CONVENTION OF ALABAMA. 333 which we have lived so long. No change in the system has been introduced. Amendments, it is true, have been made; but they are such as our experience has demonstrated to be eminently wise, and such as must meet the cordial approval of every Southern man. Sir, it is no new system of Government that we propose to adopt. We are entering upon no untried experiment. Wi arc organizing a Government upon principles which our people have approved for the last seventy years. Secession arose from no hos- tility to the Constitution, but from the fact that the Constitution was annulled by a sectional majority. The triumph of a Higher Law party, pledged to the destruction of our Constitutional Rights, forced us to dissolve our political connection witli hostile States, and to organize with those who, in good faith, would execute the Constitution. Rather than give up the principles of the Consti- tution, the Southern States have giveu up the Union. And yet, sir, we are told that we must call another Convention, to see whether the people approve these principles or not ! It is objected, further, Mr. President, that this Body has no authority to ratify the Constitution, and that we were not elected for such a purpose. If that be true, sir, it is decisive of the question; for we should exercise no authority which has not been delegated to us. Rut to determine this question of authority, we must refer to the Joint Resolutions or 1860, under which this Convention was called. The Resolutions required the Governor to call a Convention of the people of the State, upon the election of a Rlack Republican President, 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." This, sir, is the charter from which we derive our authority, and which clothes us with full power to act. This Convention is not only authorized to ratify the Constitution, if in our opinion "the rights, interests and honor" of the State of Ala- bama require its ratification, but it is our duty to do so. What is our present condition ? With six of our Southern sisters, we have led from the United States, and |];ive established a Provii- ional Government for our protection, Our independei his not yet' been recognised. The Government at Washington is in the possession of a Rlaek Republican President, hostile to our (> rights ami interests;' 1 and the inaugural Address, just delivered, is a declaration of war against our State. We are notified bjf the highest authority) thai tin- /ores necessary to hold the public pro- perty within tin' jurisdiction of our State, and to oolleot the du- ties on imports, will he med against our people. The Government at Washington, yet strong and thoroughly organised, has its army. HISTOtn \M> DEBATES OF its navy, and itn treasury. Its credit is well established It en- the most friendly relations with foreign p&m ra. It is now in a hostile attitude bo oar State, and do one oaa say how Boon a UaioD "I' arms may occur. Sir, we have tin time for delay j ITS must prepare} and ao prepaiatioii will be bo certain to bring and triumph to our cans.-, ai the establishment of a perman- ent, effioient ami well-organized Government Such a Govern- ment would he more powerful in war, ami more pereuasivi peace. Sir. the necessities <>f the times require that the Con crate States should adopt, without delay, a real, substantial G eminent — one armed with all the power to resist any shock to which we may he subjeotad; a Government complete in all its part-, established upon an immovable basis, and possessed of all the elements of national strength. Such a Bvstem will immedi- ately place the Confederate State- in the strongest possible posi- tion to maintain their nationality against any force that may he brought against them. Smh a Government will also In; more certain to obtain the re- cognition of foreign powers, because it- stability will he then placed beyond question, and it will he the surest guaranty to those powers of the li.xed and irrevocable determination of our people to maintain their independence at every hazard. It will put to flight, now and forever, all hopes id' Reconstruction, and would prove to the world that our separation from the North 18 "final, com] lete, and perpetual." Bat a mere temporary, Provisional system, will neither give us the requisite strength at home, nor position abroad. Sir, it is important that we should secure an early recognition of our independence in Europe, and that we ihould negotiate with foreign powen the most liberal commercial treaties. With the-,' power- our prosperity and peace are inti- mately concerned. We are their < ipetitors neither in manufac- ture- or commerce. We produce the great staple which supports their factories and their commerce, and which furnishes employ- ment to their laboring class. 1. We are the consumers of the ar tides which they desire to .-ill. It ia their interest to encourage production ami consumption in our Stales, and to extend as much a- possible the freedom of trade. Their interest, then, is on the Bide of peace ; and if we would make that interest still more ac- tive and powerful in the preservation of peace, we should invite, without delay, the most friendly commercial relations. Let our ministers, then, to whom these negotiations will he entrusted, go abroad endorsed by a I'ennaneut ( io\ -eminent. Let them appear at the foreign courts as accredited representatives of a real Nation. Our independence will then he recognised, and we shall take the place to which we are entitled amon^ the nations of the earth. THE CONVENTION OF ALABAMA. .'!.">."> Again, sir, it may be important for the Confederate States to negotiate, without delay, the loans which may be needed for our defense. Bonds, with the endorsement of a Permanent Govern- ment, can be much more readily disposed of to capitalists, and will command much higher rates than the bonds of a mere tem- porary or Provisional Government. Money is sensitive, and deal- ers would prefer to invest where there, is a solid and substantial basis. The fact that we had established no Permanent Govern- ment, would be used to impair our financial credit, and to extort from us the most unreasonable terms. Let us, then, place the finan- cial credit of our Confederacy beyond suspicion; and if unfor- tunately we should at any time need the " sinews of war," they may be obtained at no sacrifice of our interests. But a controlling reason which induces me, Mr. President, to favor a prompt ratification of this Constitution, is, that such a course may secure the early cooperation of the Border States. They will then see the kind of Government the Confederate Slates have established. They will see that our Constitution, in express terms, recognizes the independence and sovereignty of each State — a doctrine which has ever been dear to the people of Virginia and Kentucky — but a doctrine which has been denounced and spurned by the Government over which Abraham Lincoln presides. They will see, further, that the institution of Slaver}', in which they have so deep an interest, is recognized, guaranteed and protected, under the provisions of our Constitution; and also that the African Slave Trade, which they apprehend might be reopened, has been expressly forbidden. The bars and bolts and licks with which the Constitution of the Confederate States has guarded the Treasury, to insure a simple and economical Govern- ment, will, it seems to me, command the universal approval of the people of the Border States. Under such circumstances, is it not reasonable that those States, having like interests and institutions, ''bone of our bone and flesh of our flesh," will prefer to organize with us, under a Government constructed for the protection of their property, rather than remain united with Slates hostile in interests and feelings, and under a policy which must certainly result, sooner "r later, in the overthrow of their institutions. Sir, it is difficult to believe that the Border States can long hesitate. Let US BO act as to deserve their confidence. Let us adopt this Constitution promptly, and send it out to the penile -.1' the Border States, so that tiny may see and know the principles and plan of 1 .iiv( Tiniient we have finally adopted, and be induced to accept the Government before they beooms demoralized by further submis- sion to Lincoln's administration. HlsrnkV AND KKI1ATKS OF Iii every aspect of this question, it seems to me 1 1 1 » * "rights, in- terests Mid honor" of the ] »«■. ipl«* of Alabama >l • require (In prompt ratification oi this Constitution. Sir.it || ..ur duty to ratify it: Mid if we refuse to perform tint duty, we have nut half-finished the work we wereeleoted to perform, and disregarded tin- most solemn trust ever oonfided to men. Why oall upon the people, at a heavj expense, ami muoh delay and agitation, to < delegates to another Convention, to assemble here, I lisely what we were authorised and required t<> do. hut what it i> pro- i we shall leave undone? Sir, 1 see bo substantial reason why ire should wait the tardy process of another Convention. It 1- oar duty to set j and we should be ready to meet whatever res* ponsibifity attaches to that action. Lf a restoration of harmony among our people is desirable; if the hostile attitude assumed at Washington, is such as to render it prudent that all the power of the separated State shoul 1 !"• immediately consolidated ; and if it be important thai tin' Government of tin' Confederated Si should be placed upon a Bolid basis, and clothed with all the power- and attributes of a Nation ; if credit and standing, in the money- markets of the world is a matter of consequence t.i us in our j int condition ; if confidence at home, and respect and recognition abroad, an- objects worthy of serious effort ; if tin- oooperation of the Border States is sincerely desired- — then, sir, we can adopt no course so well calculated in secure these great and paramount ob- jeots, as the immediate ratification of this Constitution, whioh has just been unanimously adopted by the Southern Congress, and whioh they have setit to us for uur ratification and adoption. M r. i -aid : Mr. /'<■■ tuJent — Hut il-w men occupy the floor hss than 1 do, and none more reluctantly. I /do- one ol oh), I am slow of speech, an I withal, an exceeding modest man. Perhaps 1 might say, dm diffidence and modesty are excessive; [Laughter.] lint I will n-.t OOOUpy the time ol' id., house in apologies, but will say what I have lo say and sit doVI u. If my remarks are to some extent personal, it is the necessity of the ease and not an egotistic disposition. I seem to stand here, in political parlance, alone, forming that patriotic part} which, for want of a Letter name, I will call the "Earnest party, M [laughter,] lost and cast off by the the Conservative party. ■ inly mi trial or probation with the Secessionists. But with a of rectitude and righl on my side I shall open the doors and receive members into the great Alabama Church, THE CONVENTION OF ALABAMA. 331) which I soon want to sec embrace every man and woman of Ala. bama, [laughter,] from the North, South, East and West, and from the rural districts of the mountains. I do not propose to discuss the merits of the Constitution, but will simply say that, to me, it Is objectionable ; vet. the objections which 1 have to it are of a personal character, and to this generation will make it more ac ceptahle. It conforms in every particular as near the pattern as could be. When it deviates from the pattern, it is improved; and if referred to the people of the seceding States, I have no fears but that it would be approved by three fourths of all. But to re fer it to the people would lie an innovation — a departure from cus- tom — without a single precedent within my knowledge, to sustain the reference. It would he productive, in my opinion, of orih evil and no good. It would be putting them to the trouble and expense of an election which they do not want. The gentleman from Tuscaloosa [Mr. Jemison,] says that he cannot find fault of it, and if submitted to the people, would advo- cate it. The gentleman from Tallapoosa [Mr. Kimball,] intimates that he will vote for it, and advocate it. Now, if they will in good faith throw their weight into the scale of Alabama, the Lincoln end of the scales will jar the beam with such force, that the last flickering rays of hope will become extinguished, of covering us, and we will soon find the Administration of the fragmcntal Guv eminent, as named by the gentleman from Barbour, [Mr. Coch- ran,] knocking at our doors tor such commercial treaties as will save that Government from anarchy, internal war and starvation. Then, if the idea of reconstruction is one that still prompts them to labor, let me say to them. Present an unbroken front to Mr. Lincoln's reign, and we will soon be able to get such a compro Bl»e as we may dictate; one without political disgrace, not pro posed to, but dictated by us. None other could I accept. While in the Union, I would have accepted Mr. Crittenden's Resola tionsas a Compromise. Hut I would not dream of reconstruction on them now. Mi-. President, I am digressing from the path that I laid out when I got the floor. While canvassing my county for a seat in the < invention, things were different from what they an now. I was then in favor of re ferring the Ordinance to the people for ratification; ami if Ala bama had been acting alone, that would have been proper and righl : and if not so referred, I should have left the Convention and gone home and told my people lO strike for liberty; that to delay a >\:i\ was dangerous. Hut before the Ordinance could have submitted, all the Gulf States were out without condition. What 89 I 10 HISTORY AMi DEBATKS OF then would have been the oaie I To rote against it was to oul the t oft father laek Republican thral- dom in our laps, then 1 will arraign before the tribunal of justice all precipitative, restless demagogues ; and after conviction exer- cising executive clemency, forgive the past, and only lay them on the shelf, that their places may be filled by conservative men — men who]will build up tin 1 interests of Alabama — will dcvelope her resources and make hei the Eden <>f the world — even if we shall have to tax a few Shylocks, or Southern men with Northern pro- clivitic s. Mi; BROOKS, the President, [Mr. Webb in the Chair,] followed Mr. Earnest, and addressed the Conventon at considerable length. The Reporter regrets that he has been unable to procure a copy of this speech for publication. Mi;. Smith, of Tuscaloosa, said : The consideration that my opinions, will have bttt little weight io controlling the vote of this Convention, is do sufficient reaaoo why those opinions should be withheld. lie rbicfa N strained mo from uttering my obi ther and more mo- mentous question, no longer prevail ; and I feel free to speak upon this subject now with the utmost frank 842 BTWTOEY ami DTOATM OF The Constitution ought to lie submitted t.> the people, of t" a Cdnvt ii i i mii ni' Delegates to be elected, with special view to its eon- nidi ration. 1 would nut insist, that it be pal t<> s direct vole \> 1-1 1: i n -lit : "Resolved, Thai, in the opinion of ('mi: expedient, that, <'ii the second Monday in May next, a Convention of Dele s, who shall have been appointed l>\ the several States, b< lield at Philadelphia, for the sole and express purpose of revising tin- Articles of Confederation, and reporting to Congress, and the teveral Legislatures, such alterations and provisions therein as shall, when agreed to in Congress, and confirmed by the States, render the Federal Constitution adequate to the exigencies of < I rnment, and the preservation of the I ni"ii."' Twelve States responded t<> tins call, ami on tin- l~th .lay "i Maj . L787, die I delegates inel at Philadelphia, and on the 17th of September, of that \ ear, agreed to the present Constitution of the United States; net including the amendments. Thus it will he seen that, having the article- of Confederation before them, our fathers deliberated four months in maturing the I Constitution. What was the first step taken by this Convention alter the for- mation of the Constitution? On the said 17th of September, 1787, they •• /■'. \olved, That the preceding Constitution he laid before the United States in Congress assembled, and that it is the opinion of this Convention that it should afterword* he submitted to a Convention of Delegates, chosen in each State by the people thereof, under the recommendation of its Legislature, for their assent and ratification) ami that each Convention, assenting to ami ratifying the same, should give notice thereof, to the United States in Con- mbl d." ( )n the 28th day of September, 17 v 7. the Congress passed the following : •• "Resolved, unanimously, That the said Report, with the Reso- lutions and letter accompanying the same, lie transmitted to the -e\i nil Legislatures, in order to he suhmittcd to a Convention of I '■ ■ ■"'■ chosen in each State by tin 1 /><<>/>/(■ thereof, in conformity to the resolves of the Convention made and provided in that rate." In conformity with the provisions of the foregoing Resolutions. i!c Beveral States ratified by Conventions of the people on the dates as follows : THE COXVKXTIOS OF ALABAMA. 345 Delaware, on the 7th December, 17^7. Pennsylvania " 12th December, 1787. New Jersey " 18$ December, 1787. Georgia, " 2d January, 1788. Connecticut, u 9th January, 1788 Massachusetts, *■ <>th February, ISss Maryland, " 28th April, * 1788. South Carolina, " 23d May, 1788 New Hampshire, " - 1st June, 1788. Virginia " 26th June, 1 788. .New York, " 26th July, 1788. North Carolina, « 21st November, 1789. Rhode Island, V 29th May, 1790. It will be seen, by reference to this table, that Rhode Island deliberated nearly three years; North Carolina deliberated more than two years ; Virginia deliberated nine months; South Caro- lina deliberated eight months ; and Georgia deliberated four months ! Who were the men that thus deliberated ? We boast of the wisdom of our Fathers. Those were the days of Washington. Jefferson, Madison, Hamilton — men, God-like in attitude and thought, still standing out like collossal statues, illuminating the niches in the shadowy walls of the American Pantheon. They paused over these momentous questions ! Are they become dwarfs- in our estimation ? Verily it would so seem — for ?cc, the intel- lectual giants of tin's day representing the sovereign State of Alabama — are not willing to deliberate a single day over the instrument that makes a radical change in the Government of the country, involving the destiny of the people ! the happiness, the honor, the fortunes, and the lives of millions ! And while the country was pausing and deliberating over the momentous questions involved in the ratification of this Constitu- tion, how were these meat men employed ? Not in framing quib- bles to make usurpations plausible; not in persuading Power to gO OB and to gather its unholy strength, and to wind its anaconda coil around the newborn liberties of the country. No, sir. In the solitude of their closets tbey were retired, engaged in the holy duty of penning tbe immortal argument that was to convince the judgment and answer the ju>t expectations of the people. They did not wish to force their measures upon a generous and confiding constituency ; they preferred to respect their scruple- to quiel their apprehension, and to appease the jealousies that ar< v.p natural with those who love and would preserve their liberties 346 I1ISTOKV AMI DKHATKS OF Thus, sir, by a free interchange of opinion between the Sages of the land and the people, the people were made co-workers in the great labor of building the Constitution. They were it- architects; they carried the 'Materials on their shoulder.-, and tided in piling atone upon stone. They had a part in it ; therefore thej loved and cherished the temple that they thcm-clve- had ooatribmted t«- ereet. This, sir, was the course pursued by tin- American patriarchs, those immortal prophets of modem times. If we are not grown too wise, let us follow their example. This new Government has been built tip with great rapidity. It seems really the production of mtgio. Reflection, however, fUggetta as B reason for this, that the work Waa performed by our fatnem, after long years of tedious tt.il ; and all thai we have done is but the chipping the original marble, and the adding au occa- sional block. Still, it seems the work of magie. The old and re- ceived idea has been : " A tboumad years loarm tarva* la baild ■ Sr.\ ri ; A day— an hour — may out 11 in the 1I11M." It must now be agreed that the first line of this verse is no longer a truth in America ; yet the latter is the fatal utterance of the experience of this day. But the rapidity with which this new Government has been built, is no evidence of its stability. You remember the story of Aladin and his wonderful lamp. He had but to express a wish to his attending genii, and that wiah was performed upon the instant. He desired to have a magnificent palace erected on a favorite hill. When the night came down the hill was naked ; in the morning it was adorned with the most gorgeous temple that the sun had ever lighted '■ Architecture Smiled with bewildered delight, and the world was amazed. Aladin was worshipped as a superior being, and the palace remained in its position for yean, the pride of the country ami the wonder of mankind. But the lamp changed masters, and lo ! in an hour the palace disappeared ! The power that had created, destroyed it; the hill which it h id adorned was left again a naked and desolate heath, and Aladin was persecuted as a magician ! You remember the fancy of a Itussian Kmprcss ? She was not content with her marble palace ; she wanted a change of abode — a variety of magnificence. She ordered a I'alact of Ice to he built. She had hut to command, to be obeyed. Huge blocks of crystal were hewn with exact precision, and in an incredibly short period the palace was erected. Colossal columns of ice studded TIIK CONVENTION OF ALAIIAMA. 347 the glittering porticoes, and the winter sun drew back his eye, daz- zled by the gorgeous spectacle. The Empress was delighted. '• that this palace could stand lor ever! But alas! the summer came; the frail pile tottered at its base, and dissolved itself in tears, as if weeping over the destruction of so much magnificence. Thus passes away the glories of this earth. Mr. President, I do not draw these pictures of fancy in the spirit of prediction or of prophecy. I would arrest the shock- ing calamity ot a failure of this Government ; and for this very reason I beg the Convention to beware of the insidious growth of self-confidence ; it is the poorest evidence of wisdom, and the most unmistakable indication of folly. Yes, sir, I would arrest the terrible calamity of a failure of this Government; and 1 would arrest it by building its founda- tions on the only basis that will be found able to uphold, in a land of liberty, the structure of Government. This Constitution has no marble base to rest upon. All its ma- terials are perishable; the thought is scarcely less mortal than the paper upon which it is written. Parchment cannot save it from the Great Destroyer; and the leather and the boards within which it is to be confined, will only serve to preserve it the more securely, housing it for the final worm. There is but one way to perpetu- ate it: Lodge it in the hearts of the people! There, and there only, will it find a permanent existence. That is the only foun- dation upon which the structure of a free Government can rest. Take that base away, and the frail tenement crumbles into atoms. But how is it to find its way to the hearts of the people ? How is it to reach that holy lodgement ? Let them have a hand in building it. We love the creatures we make. God himself was pleased with his magnificent creation. He is the type of man. Have you never seen an old architect lingering in the pre- cincts of some palace that he had planned'/ He loiters around, gazes on its grand proportions, musts upon its pillars, its cornices, its dome ; congratulates himself upon his success; regrets when the shades of night shut out the lovely contemplation from his view, and whispers to himself as he retires — " I built it ! Imagine the great painter, as line by line he draws into exist- ence some beautiful picture. See Raphael. Angelo, Reubens, Guido, leaiiiiiL- with bewildered delight over their own creations, km eling ami ki.v-ing t lie lips that yet had not the tremulousness of vitality ! See the gnat sculptor, chiseling the divine neck, fash- ioning the lofty brow, developing the sinewy frame, ami dragging Hercules from his home in the solid mountain, to show the mod- ern world this giant of the olden time. The sculptor grows drunk •"•l v RSOTOBV AMI KKHMKS 09 in tlic contemplation of his own Bacchus, and strong, as he tut- raja tin' 1 1 1 1 1 1 » >- of bis own giant. Even Prometheus bo loved the ■an he made, that he was reedy tu scale the Heavens in w iroh of ■ vital spark to animate it. Thus it has been ever with the human heart — thus it will be Then, it' yon would lodge this Constitution in the hearl the people, give them ■ share in id creation ; thai when the day shall come that endangers it* existence, they may throng around it. as tin ■ v will, in million*, lor its proteotii a, exclaiming, as they rush to its rescue — "We made it — it is our*!" To a people thu* inspired, armies ami banners, the Bword, 1 i r* ■ ami famine, pr< n- • terrors. I know the people well. I have appealed lor position to that tribunal often, and have had my 'lay* of Buccesa ami failure. It is hinted even now, by those whose lives have been Bpent in the unholy lm*inc*s of nursing their prejudices, thai the peoph not capable of %elf -government. 1 deny the assertion. A.* pol- luted as their counsels may he made by bad advisers, they are still wis.'. They are the first to snuff the atmosphere of da' Their watchfulness is a part of the ever-living jealousy of their rights. They are sagacious to detect and quick to resent the fawning Bmiles of a hypocrite. They know their true nun. It is m.t amongst the people that political putrefactions gather; it is in the rotten porlieua of Federal Courts where plotting ministers of State "Crook IB4 pragnaal binges qJ the Itaet, Thai tlinit may follow fawning." I know, too, tin- duties of a Representative. There are times and occasions when he should rise above the popular tumult, and aspire to had ami control the misguided multitude. He should ii the paltry considerations of his own tenure of office, and L'ive himself up to the welfare of the State. lie should utter the words of his own sure ostracism, if the country demanded tie crifiee. He who would hesitate to perform this Bublime duty, would he unworthy a home in the midst of a free people. And in the examination of the annals which disclose the illustrious aames of tbebvave nun who have arisen to perform this greet work of rolling back the tide of popular error, 1 find that they are the very men who had huilt their homes in the hearts of the peo- ple whose rights ami privileges they had protected, and whose follies they could presume to rehuke: the men who have ever acknowledged the .supremacy of the people- — that multitudinous king, in whom center all the legitimate sources of power. But win n a representative is fresh from the people, and knows their well ascertained will, it is his duty to follow that will. THE CONVENTION OF ALABAMA. .'54! ' But let us examine some of the arguments used in favor of the mmediate ratification of this Constitution now by the Convention. It is said that we can the more readily borrow money if the Permanent Constitution should be at once ratified. There is plausibility in this. But it is reported that our loan has already been taken. And whether it be taken or not, there is no doubt of OUT ability to raise money commensurate with our necessities. The wealth of these States is well known to the world. We will not, 1 hope, have to depend on foreign loans. When the day of necessity comes, the private fortunes of a people struggling for their rights, and lighting for their homes and firesides, will be freely east into the public treasury. Between poverty and liberty there can be no debate. In this day, and under the great issues and struggles in prospect, the money is the smallest consideration. Sir, the money must come from the people. If the ranks of your army are to be swelled by the poor, they must be clothed and fed by the rich. I do not despair that all classes will do the duty of men. Hut it is said by the gentleman from Pickens [Mr. Stone] — and this argument is not without its plausibility — that the European cations will the more readily recognize us, and the more certainh acknowledge our independence. Let us examine this serious question in all its aspects. I do not think we ought to have the remotest apprehension on the subject v\' the speedy recognition of our position as a nation, and the acknowledgement of our independence. The nations of Europe are looking with eager anxiety to the day when they will be permitted to do this. Their lamentations over the fall of the mighty Republic of the West may be sonorous with the expres- sions of grief; and the smiles with which they welcome us into the fraternity of nations may be moistened by tears; but the swelling bosoms of the friends of Monarchy will heave with giant throes, and the ears of Royalty will be charmed with the dirges of liberty. Our independence will be speedily acknowledged, and with that acknowledgement will come treaties of alliance ! Treaties — the great source of international troubles; treaties, it may be, that surrender, on our part, substances lor shadows ; treaties, which may be the entering wedges that are to rend in sender the prin- ciples that lie at the foundation of American liberty. 1 American liberty — for the word has a broader meaning here than it had in olden clinie.-. It embimoea BOl "lily all the attribut> - 16m, :ill the innovations upon feudal Kingdoms, ami all the enfranchising ideas of Representative Government, hut, in it- 350 HISTOKY AM) DKBATK8 Of grand and majestic sweep, it excludes from American Boil the last semblance 6f European Monarchy. American libertj looks even to the final extinction of all foreign claim to dominion over one foot of American soil. It is a libertj whose body towers aloft from the mountains of the Continent, and whose feet are washed by the two great Oceans of the World. Sir, in what a strange position do we plat urselves, b) calling in foreign allies for our protection! Our fathers conquered the Britons in the name of Liberty. We, their degenerate sons, note call in those very Britons to aid tts in the protection of (hat Lib- erty ! Thus, we place this goddess in the tyrannical hands of those from whom our fathers rescued her! Tt is a sad day, sir, when an American has to admit that he de- pends upon foreign allies for his protection. Protection! Sir, we proclaimed, in the so-called Monroe doc- trine, that on those portions of the North American Continent not already under foreign dominion, no Power outside of America shall place its Governmental foot. Shall wc abandon this? I><> wc not abandon this when we look abroad for an alliance of de- fense ! Wc must not depend upon foreign alliances. Our institutions are too essentially different from theirs. They will always demand more than they give. They surrender shadows and demand sub- stances. We have had some experience in these matters with England, as well as with France. The generous sacrifices of the immortal LaFayettc, whose impulses were as magnanimous as his services were important, were followed at last by the most exorbit- ant demands by the French Government. The mission of J en net cannot be forgotten. England will never forget her colonies. The gap in her crown, caused by the tearing away of those jewels, has not yet been tilled. It is the dream of her political philosophy to see those jewels res- tored ; and English pride, with English ambition, is far-reaching. Her revenge is as deathless as the oath of Hannibal. This never- sleeping desire will run through generations The same spirit of monarchy that crushed the last remains of Croiuwellism iu Eng- land, and pursued the Regicides to the farthest limits of the earth, is still sleepless and vigilant, though biding its time, to restore the jewels of America to the English crown. On this question, then, of the acknowledgment of our inde- pendence by foreign powers, there is nothing to apprehend, ex- cept, indeed, the dangers that are to follow an unnatural alliaucc. England and France will recognize us with joy ; but not with the joy of true friends: it will be the joy of Tyrants that gloat THE CONVENTION OF ALABAMA. 551 over prospective desolation — the joy of lloyalty vaunting over the fall of Constitutional Liberty. Wilberforce, a great collossal pro- phet, though dead, still looming over the dome of the British Parliament, points with his bony fingers to dismembered America, and exclaims, " Behold the fall of Constitutional Liberty;" and towering above its ruins, " Behold the '■ irresistible genius of uni- versal emancipation !' " Let us beware, then, of foreign friends. England has no feel- ings in common with us. Her politicians are emancipationists; and it is but a year since Lord Brougham broadly insulted the American Minister iii London, mi account of American slavery. Nothing but the last necessity should induce a free nation to sub- mit to an alliance for defense with a inonarchial one. Monarchy is a political maelstrom, whose vortex is the oblivion of Free- dom. Mr. President, the question of war and peace has been touched in this debate. Whatever we may say or think, on that subject, is, at best, but conjecture. This great question depends much upon the sagacity and patience of our leaders. Precipitation may bring war; caution and prudence may avert it. The bloodiest wars have sprung from the slightest causes. I have never be- lieved that the Northern hostility would reach the point of blood. But be this as it may. it is in war that we shall need the hearty cooperation of the people. They are to bear the toils, fatigues dangers and privations of war. If you get them into war, upon a slight pretext, you must beware of the consequences. And, in view pf the probabilities of war, let the people vote for this Con- stitution. They will then the more readily defend it. Sir, it is said, on all hands, that there is no fear that the people will ratify. 1 have no fears; but yet I suspect that there are se- rious apprehensions felt on this subject by others. There are. gentlemen here who do dread to see this question go to the pe< 'pie. Sir. lei them discard these apprehensions. If you will consent for this Constitution to go to the people for their votes, I will be proud of the privilege of taking it in my hand, and visiting the remotest cabin in my county, to proclaim my own approval of it. and to beg the people to accept it. And do not let me leave anything to be understood or surmised, so far as I am concerned. Whether you consent or not for this Constitution to go to the people for their votes, I will still defend the instrument itself, and even beg the people to forgive you for your usurpations. I will do this Simply because I have made up my mind, stubbornly, to do or say nothing to create dissensions, or to divide the people. HlSTiiKV AND DEDA1 PERMANENT CONSTITUTION. Mr. BULGXB said : Mr. , — As you know, sir. 1 am in the habit of eon tenting myself with voting 1 "< >r or against questions pending before this Convention, and relying Qpon the record thus made, to placi me right before the country. Hut. sir, tip' Convention, 1>;. bainittg the surprising motion of the gentleman from Madison [Mr. Davis], and that, too, alter the earne • made to that gen- rleinun, by those with whom he has been acting heretofore, to with v his demand for the previous question for a few moment allow members to place themselves right on the journals had I disregarded by him, imposes on me the necessity of submitting a lew remarks in the Convention, that they may be incorporated into the debates of the Convention, and thus place myself right in the history of the country. Sir, unlike the geutleman from Lau- derdale, [Mr. Jones] from the time that I witnessed the prud exercised by the State Conventions, in the appointment of dele- - to the Confederate Congress, when they excluded ultra men if all parties, and selected wise, moderate and conservative -j.cn- tlemen to that responsible position, I entertained high hopes that the action of Congress would he directed by wisdom and prudenc< and crowned witli eminent success. \nd now, sir. when I listen to the reading of the many wise provisions of the Constitution, I am not disappointed, but gratified, that my hopes have been re< alized. Unlike the gentleman from Tuscaloosa, [Mr. JemisoU,] who contends that this Convention has no right to submit the ( )r linance ratifying the Constitution, and insists upon calling another Convention for that purpose; — on the contrary, 1 believe that wc have the right, and that ii is our indispensable duty, to submit this question directly to the people, for their ratification or rejec- tion. Where, sir, do we look for the measure of our powers? To our commission, of course. Then, sir, what do we find there J 1 That wc arc authorized "to consider, determine and do whatever the interest, safety and hi r pf the State may require to be • lone." Here W8 find OUT commission as expansive as the imag- ination of man The only question necessary lor US to consider. in determining our authority, is: what does the interest, safety aed honor of Alabama require to be done? — and that it is our duty to do. I am opposed to the proposition of the gentleman from Tusca< loosa, to assemble another Convention ; because such a course is THE CONVENTION" OK ALABAMA, 353 unnecessary, inexpedient and expensive; and the will of the peo- ple can be better asoertaind without such expense or inconveni- ence. And if 1 could have prevailed on the gentleman from Madison [Mr. Davis] to have withdrawn his demand for the pre- vious question, 1 would have offered an amendment, which I hold in in\ hand, which, if adopted, I think would have accomplished that object. [Read] Read! Read! — from different parts of the [louse.] Sir, I wiil read the amendment that I desired to offer: Provided, That said Constitution shall have no binding force upon the citizens of the State, unless this Ordinance be ratified by a majority of the legal voters, voting at an election to be here- after provided for. That amendment, if adopted, would have removed the objec- 'ii raised, as to expense. But the gentleman from Montgomery Mi'. Watts] expresses the opinion, in which the gentleman from Tuscaloosa [Mr. Jemison] concurs, that this Convention has no right to refer this Ordinance to the people, because the Constitu- tion for the Confederate States provides, that when that Constitu- te ratified by Conventions of live States.it shall go into effect. I hold, sir, that the Congress possesses no power or right to pre- scribe the mode by which the States shall ratify the Constitution. But Stippose, for sake of the argument, that they have that right. Then, sir, have we not the light to adopt it with such conditions as we think proper? 1 had thought, as I have heretofore said, that our commission was as expansive as the imagination of man. What are we authorized to do ? "Consider, determine and do whatever the interest, safety and honor of the State requires to he done." Then, sir, what hounds are there to our powers here but our discretion I What, even in our opinion would advance the interest, the safety, or the honor, of the State, we should do. Would it not promote the interest of the State to conciliate the people, and reconcile them to the new Government 1 ? I think it would. What causes the loudest complaints that we now hear from the people? That we have not paused, in the rapid progress of this Convention, in tearing down the old ( rovernmenl and form- ings new one, to consult them. Tlcy saj . wesenl you to the Con- vention to consider, determine and do whatever the interests, safe- ty and honor of the State required to !>'• done, in consequence of Lincoln's election, supposing that you would permit us to pass judgment upon your action : but to our surprise, \ on have resolved _■. ourselves into a creatn e power, and constituted a < kmgress, and clothed it with power not only to forma Provisional, but both a Provisional and Permanent Government — all of which has been 354 HISTORY AND DEBATES OF done; and not stopping at the exercise of those extraordinary powers, you have resolved yourselves into a Legislative Body, and continue to exercise the law-making power — thus ignoring the Old Fogie ideas of our Fathers, that all the just powers of Gov- ernment were derived from the consent of the goverend. Then you have resolved yourselves into a Constitutional Convention, to revise the Constitution of the State, in a manner not known to that instrument; nor content at that, you have again resolve. i j ourselves into a Legislative Body, and passed laws repealable and unrepeatable, all regardless of our wishes and without our consent. <'an you, sir, say that those complaints are wholly unfounded? Mr. President, I do nol vote against this Ordinance because of ob- jections to the Constitution, but on the contrary, (and what I now say, I desire the distinguished gentleman who proposes to publish sketches of the debates of this body, if he honors me with any notice of what 1 say, to incorporate in his Reports,) that I think the Congress deserves well of the country,for the wisdom and prudence by which they have been guided in the discharge of this important portion of their duties. And if the amendment which I desired to offer, providing that the Constitution should be submitted to the people directly for their ratification, had been adopted, I would have voted most cheerfully for its ratification. not only here, but at the ballot box at home. But if 1 stand soli- tary and alone, 1 will never vote to fasten upon the people that I have the honor to represent in this Body, a Permanent Govern- menl without their consent. Mr. ( 'umas said : Mr. President — I have at no time been troublesome to this Honorable Body. I bave had but little, if any, ambition to par- ticipate in the various and important discussions which have from time to time sprung up in the progress of business. And I have had still less ambition to place my name conspicuously on the rec- ord, by any officious participation in the more unimportant, pro- ceedings of the Convention. And, Mr. President, 1 would now gladly accept any state of facts that would authorize a continued silence on my part. But, sir, the Constitution proposed for the Confederate States of America has made its advent into this body. It is urged that this Convention shall ratify it at once. I feel it a duty i owe myself, as well as others outside of this body, to say a few- words in explanation of the vote I shall give on the subject, mat- ter before the Convention, and now pressing to a vote. Since! THE CONVENTION OF ALABAMA. 355 have occupied a scat on the floor, I have been alone anxious and concerned to do my whole duty to myself, my constituents, and to the State of Alabama. Dp to this hour, Mr. President, I have unwaveringly voted for every proposition submitted to this Convention, to refer this Con- stitution, for ratification, to the people; I have done so because I thought it was just and right, and in deference to the great American principle, that all Governments ought to exist alone by the consent of the governed. In this country, and at this day, a Government created and main- tained by the breath of the few. and not by the breath and affec- tions of the many. 1 take it, is like the house built on the. sand ; when the floods come, and the rain descends, it will fall, and great will lie its fall. To be durable and worthy of our confidence, it must be built upotl a roek. and in Anglo-Saxon America, there is no rock but the people. These views have been, mainly, influential in deter- mining my vote heretofore on the subject of ratification. Averj grave and responsible duty lies immediately before me, which is perhaps the most momentous one that has ever devolved upon me in the whole course of my life. How shall I discharge that duty? The State of Alabama, by the action of this Convention, is this day undeniably out of the Federal Union. She no longer repo- ses in peace under the vine and fig-tree planted by our fathers. Where is she ? I »ut at sea. without chart, rudder or compass. What pilots are aboard, and how will they compare with such men as Dr. Franklin. Washington, Jefferson and Madison? Pos- terity must and will answer. History will pass upon them and render up the judgment: there I am content to leave them. What is called a Provisional Government has been inaugurated, Such a Government is practically unknown to the people and alto- gether unsuited to their taste. It is only to be endured by the pressing exigencies of our present extraordinary political condi- tion, brought about by the disrupting and revolutionary proclivi- ties of a majority of this body. We are, in my humble judg ment. as good as out of doors — shivering in the cold — exposed to many dangers, both seen and unseen. We are in no condition to awe our enemies, or to command the confidence and respect of the world. It is not impossible, that whilst in this unsettled and transitory process, even the liberties of the people may he made to run the gauntlet of the wire-workings, plottings and counter- plotting of unpatriotic and am hit ions men — such as may love Cae Mr more than Rome'. I take it, sir. that we cannot remain in a 23 36C HISTORY AND DEBATES OF Provisional Government any length of time, without incurring the greatest perils to all the interests ire hold as most dear and valuable in life. What shall we do? Prudence ami wisdom suggests that we go out without further delay, over this sea of troubles, and inquire if there is no rock of safety ; DO friendly port where we may find shelter from all impending dangers. We cannot now go back to the old Union, and the old altars ol our fathers. Under existing ofroumstances, that is simply impossible and perhaps undesirable. It is plain to my mind, that it will not do to stay where we are to- day. We must advance, and the nexi besl move, in my humble opinion, we are. able to make, is without any fuather delay, or Un- it cesaary circumlocution, to take refuge, at leas! for the present, in a Southern Confederacy, under the auspices of this Constitution. ) therefore, Mr. President, in considering and determining what is best to be done for the honor, safety and interest of Alabama. in this conjuncture of affairs, feel it an Imperative duty to vote for • be ratification of the Constitution now before the Convention. Mr. Siikfmki.d said : Mr. President — 1 ask the indulgence of the Conveution for u few moments. Heretofore I have been contented to sit as a silent member; but as some gentlemen seem to think, that members who acted with the Cooperation Party, in opposing the Ordinance of Secession, and who now approve every measure calculated to Hustain the action of the State, as having changed their principles ; riir, I stand before you to-day, entertaining the same principles that I did on the day I took my seat in this Convention. I came here a Cooperation man — advocating that policy before my peo- ple, as the best means of procuring harmony and satisfaction with all the slave States; and the day I received the nomination as a Delegate to this Convention I stated my position clearly before [ received the nomination. My position was this: that I believed our State Convention should not act separately ; that our Con- vention should ask a Convention of all the slave States ; let them adopt some plan unitedly, and whatever they adopted, I would Htand by it. Should any of the States refuse to meet in said Con- vention, let those act that do meet, and I would sustain their ac- tion ; and should all the States refuse to meet Alabama, I would not have her recede, but act boldly for herself, and I would stand by her. That I was a Union man upon Constitutional principles, but could be made a disunionist when our Constitutional rights were denied us in the Union. I am one of those who believe in TUB CONVENTION OF ALABAMA. o57 the right of secession or revolution ; I w;is opposed to the Coin- promise of 1850, and Btood almost alone in my county in op- position to it, and advocating the right of secession, whenever the people thought their Constitutional rights could not bo ob- tained in the Union. Mr. President, I entered into the late Pres- idential canvass with more zeal aud energy than I ever did to se, cure an election for myself, believing that the doctrines of the Douglas Party were the ouly doctrines that would save the Union of the States, by taking the question of slavery out of Congress, and leaving it in the hands of the people, where it of right belongs. But the majority of the Southern people thought otherwise. Hav- ing also advocated before the people that this was a majority Government, and whatever course or policy the State adopted, f felt in duty bound to sustain it — having drawn my first breath upon her soil, she being my mother country, I intended to stand by her; her foes should be my foes — that I would assist her sons in repelling every attempt to invade her soil, either by a domes- tic or foreign foe ; that in the 1'uture I intended to vote for every measure brought before the Convention, that was necessary to sustain the State in the position she has taken ; that I would not stop to count up the cost, either in money or blood ; that I bad stated in Montgomery, publicly, on the day the Ordinance of Se- cession passed, that 1 knew there was not fifty men in my county who favored the policy adopted by the Convention that day, yet, I knew them to be highminded, honorable, and patriotic, that they would sustain the action of their State, right or wrong, and if neo essary, with arms upon the field. On my return home from this place, I canvassed my county, and stated nothing but facts to the people, and I found the result as I stated before the Capitol on the day the Ordinance of Secession passed, almost a unit in favor of myself and colleague signing the Ordinance, and in voting for .very measure to sustain that action. My reason for not having signed the Ordinance since my return here, is. that I wanted to see the Constitution; if it had been objectionable, I did not intend to sign it. I have seen the Constitution, and 1 believe it to be as perfect as it, was possible for it to have been : I believe it an im- provement on the old Federal Constitution; therefore I am ready at any time, to sign the Ordinance of Secession, and in signing it. I do so cheerfully. I am one of those, who believed it to be the duty of the Slave Slates to demand their Constitutional rights, even at the disruption of the Union. 1 look upon this secession movement as having been forced upon ua by Northern fanatics, after having done all nun could do. to save the I nioii. The his- tory of the country will sustain me in saying that the South has made all tie' concessions, and has been fir years the only Section 358 MBT0BT ami DSBATM that cherished a true attachment for tin- Union, and has been re ally seeking i" perpetuate it. With the South, then, thus driven to the wall, the present Btruggle, is obviously one of life and death. \V could retreat no farther, ami to have done so, would have l n infinitely more horrible than death itself; it was the duty ofthc South to settle this question,] n« »t pretend to say; it w.-is her duty to have acted precipitately, without first exhausting all possible means for an amicable adjustment of the Slavery < ntion refusal /<> tubmit if l<> tin- people." Hut the answer to that is — "You tried your best, and failed; the question then was, not whether the people should be allowed to vote to ratify, but whether the Constitution was such a one as ought to be ratified '." Then, it seems to me, that every man whn is satisfied with the Constitution as it is, should now vote for its ratification by the Convention. It is true, that the Convention has refused to submit this Constitution for ratification to the people, or to a new Con- vention : but is that a sufficient reason ibr us to vote against the llatification of an Instrument whose features we heartily indorse 'i ' think not. For one, I shall feel it my duty to vote for it here, and to advocate it before the people, and thus to sustain my vote; Suppose the people should be opposed to it 1 Shall we encour- age the popular delusion '{ Is it not rather our duty — perhaps the highest duty that a representative ever has to perform — to check the popular impulse 1 Do any of us Buppose that it would be bet- ter to inaugurate the reign of anarchy — to go home without any Constitution, and leave the country in a state of disorganization, than to have a Constitution fully and completely adopted, whos«j • very feature is perfectly in accordance with our old form of Gov- ernment, and to the form and shape of which there ia no good objection ? For one, 1 shall always be ready to sacrifice myself or the good of my country, and if that sacrifice has to be the re- sult of combatting and beating back popular error, I shall not .shrink from the performance of so high a duty. Hut there is no danger of this. The people will be satisfied with the Constitution. Bven those who opposed secession will ptefer a Constitutional Government to an Anarchy. Let us, then, with this certainty before us — of not offending a generous consti- tuency — let us all vote for this Constitution, and present to the world an unbroken front. We can say to our people, as we point THE CONVENTION OF ALABAMA. 363 to our Record, we obeyed your instructions as far as it was in OUT power, and when we could not carry out your positive will.jjwe then felt it our duty to protect your interest, and to secure you from the evils of disorganization ; therefore we voted for the Ratification. I would not only be proud to see a unanimous vote in favor of the Ratification, but I would be proud of the privilege of march- ing up side by side with all of those who have not yet signed the Ordinance of Secession, and sign it. I have not signed it yet, but T intend to do so before this Convention adjourns. This, how- ever, I do not regard as a matter of so overwhelming importance as the ratification of the Constitution ; but I hope, and advise. that before wo adjourn, we make even that unanimous. Mr. Jemison's amendment was "That the Permanent Constitution be referred to a Convention of tbe people of the State, the members of which shall be elected by the qualified electors for Members of the General Assembly, at such time and place as this Convention may hereafter prescribe." Mi;. Brooks, the President [Mr. Webb in the Chair], moved to lay Mr. Jemison's amendment on the table ; and the yeas and nays being demanded, the motion was lost. Mr. Davis, of Madison, moved the previous question, and the question was : Shall the main question now be put? The yeas and nays were called, and the motion for the previous question was sustained. Those who voted in the affirmative were — Mr. President, Messrs. Baily, Barnes, Beck, Blue, Boiling, Bragg, Buford, Catterling, Clarke of Marengo, Clemens, Cochran, Crawford, Creech, Crook, Crumpler, Curtis, Daniel, Dargan, Davis of Covington, Davis of Madison, Davis of Pickens, Dowdcll, Ear- nest, Foster, Gibbons, Gilchrist, Hawkins, Henderson of Macon, Henderson of Pike, Hcrndon, Howard, Jewett, Love, McLanahan, McPheraon, McKinnie', Mitchell, Morgan, Owens, Phillips, Ralls, Hives, Rvan, Shortridge, Silver, Smith of Henry, Starke, Stone, Webb, W'hatley, Williamson and Wood. Those who voted in the negative were — re. Allen, Baker of Russell, Barclay, Brasher, Bulger, Cof- •'It'.l IIISTOUV AM) DKI1ATKS Of Coman, Edwards, Pord, Porrester, Pranklin, Gay, Green, II 1, Jemison, Jones of Payette, Joneaof Lauderdale, Johnson, Kimball, MoLellan, Posey, Potter, Russell, Bandford, Sh< Sheffield, Slaughter, Smith of TusoaJ 9 Steele, Wat- kins, Watts. whitloek, Wilson, Winston and Felrerton. The qneatioD being on the adoption of the Ordinanee of Rati- fication, it was adopted — yeas 87, aai Those who voted in the afiirmatiuc were — The President, Messrs. Allen, Bailey, Baker of Russell, Bar- clay, Barnes, Beard, Beok, Blue, Boiling, Bragg, Brasher, Baford, Catterling, Clarke of Marengo, Cochran, Coffey, Coman, Crawford, Creech, Crook, Crumpler, Curtis, Daniel, Dargan, Davis of Cot* ington, Davis of Madison, Davis of Piokens, Dowdell, Barnest, Edwards, Pord, Porrester, Poster, (Jay. Gibbons, Gilchrist, Greene, Bawkins, Benderson of Maeon, Henderson of Pike, Ilemdon, Bood, Howard, Jemison, Jewett, Jones of Lauderdale, Johnson, Kimball, Leonard, Love, MeLanahan, MoLellan, McPherson, Mo Kinnie, Mitchell, Morgan, Owens, Phillips, Posey, Potter, Ralls, Rives, Rnsonll. Ryan, Sanford, Bheffield, Shortridge, Silver, Slaughter, Smith of Henry, Smith of Tuscaloosa, Starke, Sted- ham, Steele, Stone, Taylor, Timberlake, Watkins, Watts, Webb, Whatley, Whitloek, Winston, Williamson, Wood and YelvertQn. Those who voted in the negative were — Messrs. Bulger, Pranklin, .Jones of Fayette, Sheets and Wilson. Mr. Clarke, of Lawrence did not vote, having paired off with Mr. Coleman. When it was aseertained thai only live had voted against the Ratification, there were some earnest speeches made, appealing for a unanimous vote, to those who had voted agaiust the ratification. It was ■ solemn and impressive scene. TURNING ARMS OVEB TO THE OONFEDRATB STATES. Mb. CooHRAN'8 Ordinance to turn over the arms, &c, to the Confederate States, before we had the Constitution submitted to us, being under consideration, THE CONVENTION OF ALABAMA. 3G5 Mr. Morgan said : Mr. President — The question now presented to the Convention brings up to our view the relations of this State to the Provisional Government, and the discussion has also brought before us the prob- able results of the controversy between the Confederate States, and their former associates, in relation to our independence. I do not attribute to any of those who may oppose this meas- ure, a dispositioa to reconstruct the old Union, but on the con- trary, I claim that their votes and conduct indicate no such pur- pose. We were not all elected here, to secure the secession of Alaba- ma from the Union ; but we were all elected for the purpose of forming a Southern Confederacy, in the event the State should se- cede. So far as I am advised of the condition of public opinion throughout the State, it is not only true that the people desire a Southern Confederacy ; but that they demand it; and their great- est fear, as to the results of secession, was that we might not be able to unite with our sister Southern States in anew Government. If there arc still in this State, those who favor a reconstruction of the old Union, they will not persist in their purposes after the people have seen the advantages of our secession. We have given two unanimeus votes in this body. The first was that we would never submit to the election of a Black Re- publican to the Presidency. The other was given yesterday, when we transferred the jurisdiction over the Forts and Arsenal to the Provisional Government. Two great events, which proved that every pulsation of the political heart was responded to in both ex- tremities of the State. I hope that at an early day we will join in one voice, and proclaim the new Constitution of the Confede- rate States of America, to the people, as worthy to be the reposi- tory of all our rights, I hope that this union of sentiment will be the final solution of all party differences as to the past, and the des- truction of all parties in the State, except such as may arise in a generous emulation for the good of the people, and the prosp> ri t>- of the row Republic. The proposition now before OS, is the same, in principle, as that adopted by the Convention on yesterday It is only applied to a different species of public property. We took this property with the intention of turning it over to the Confederate States, if it should be more needed by then than by ourselves ; but ire took it as a Sovereign State. The title is with us, and it rests with us to dispose of it. I admit no trust arising out of the capture for the -'506 HISTORY AND DEBATES OF actual benefit of any other Government, but insist that when we turn it over, the accountability is to this State, and rest to the United States. We will account to the United States for it, when they enter upon a general account with us of all unsettled matters, and not before. Our Commissioner did himself justice, and reflected honor on his State, when, after being denied on offi- cial audience, in reference to this matter, he notified the Presi- dent of the United States that hereafter negotiations would be en- tertained on this subject by Alabama at her Capital, but at no other place. By turning over the Forts to the Provisional Government of the Confederate States, we have recognized that Government as fully as we could. There is no question open about this matter. In- deed, we recognized it in advance of its formation, by an Ordi- nance providing for the extension of its juri .diction over us. Fears were expressed at one time that the Provisional Govern- ment would be a despotism. These fears were based on a, want of confidence in the love of our people, for the established doctrines of our Republican Institutions. I never, for a moment, felt any dread on this subject. We are fixed and immovable on this point. It would cause more bloodshed to destroy Constitutional lib- erty, than was ever suffered in efforts to build up Empires. But we are told this measure will be construed into a declaration of war against the Government of the United States. I can per- ceive no reason for that conclusion, and no force in the argument, that it has not already drawn from other facts. War has been only a question of construction for near three months. The facts, have existed, out of which war has seemed to frown upon the world, [f war has not existed, it is only because we have construed that as consistent with peace which was susceptible of the other con- struction. Has it been cowardice, that has giveu us the disposition to de- liberate upon this matter f Time will soon prove that it is only our regard for the great interest of the world, and for the history of our race, that has thus far prevented a war. We have been determined to appeal for peace, until the sentiment of honor would impel us to shed the blood of our kindred, who may refuse to allow us to depart in peace. I think we have now gone far enough. We have made the last overture which I am prepared to sustain. The rejection of the Commissioners of the Confederate States, will be the final blow to all hope of a peaceful settlement of these questions. I do not regard a war, even with the people of the North — lately our brethren — as the worst evil that could attend these times. The THE CONVENTION OF ALABAMA. 367 denv nidation of this generation of people, if it should occur will descend upon their posterity. Odious blotches will be spread over the future history of our race, if we permit ourselves to settle down on dishonorable concessions, rather than make a stand for principle at the expense of suffering and blood. I have always believed that disunion would bring war upon this generation or the next. I included all its worst horrors, except de- feat, when I made a calculation that these were better than sub- mission to wrong. In the end, disunion will bring good ; it may be out of evil, but good will result from it. Great good has al- ready resulted from it. The Churches that have dissevered, and opened the way to our present condition, are stronger in the South, and have done more for morals, education, and Christianity than they could have done, had they remained united. It will be so with the State. With a limited sphere of action, and a people united in sentiment and in- terest, we will be stronger than we could have been under the dis- advantages of our enemy within our borders. We need but one thing to-day to make us at once a great peo- ple, and it was that which brought our fathers from beneath the sceptto of King George. We need self-reliance. Should war ensue, we will write some new memorials of our prowess, which will prove to the world again, what we seem to nave forgotten, (but other nations will never forget,) that we are capable of all that is required for defence or for aggressioD. Southern battle-fields, from Cape Fear to the Rio Grande, have a place in the memory of those who would oppress us. We have a Southern clime, which in other regions of the earth, has given to the world the brightest examples of valor and enter- prize in war. We are not wanting in such examples here. Give to our people the self-reliance that has reanimated France, under the inspiring genius of Louis Napoleon, and it would only require a chieftain bold and cruel enough to take the lead, to bring this Continent at our feet. I would not have this condition of public sentiment to supplant our present disposition to do justice, and to discard every resent- ment that might incline us to a wrong step ; but if we are to end this strife by an appeal to arms, I shall confidently expect to see its effects rapidly developed in the display of those characteristics, which will make for us a record in history, amongst the greatest na- tions of the earth. With all the prejudice, (for it is nothing else,) prevailing against us, in the minds of distant nations, on account of our laws relating to slavery, they respect us for our firm refusal to be put under the ban of inequality by the people of the North. 3G8 HISTORY AND DERATES OK All men know that a despotism which attempts to support its pretensions hy fraud, is contemptible, and that such despots arc cruel when in power, but cowards at heart. It is impossible for our assailants to conceal the shallow tricks by which they have sought to overreach us. The enlightened world sees through the matter. The bos. mi of gallant France heaves with contempt at the despicable picture, and England re- grets that her posterity can be so 1 How shall we stand in the opinion of mankind, if wo allow our Commissioners to be rejected, and sit down with the guns of Sum- ter and Pickens, (names that crimson at the thought,) frowning defiance at our soldiery'/ We will be marked as a people who are afraid of a race of artful cowards. Let us at once place the means of warfare in the hands of our President. If you will follow him, he will lead us to victory. He has never left a battle-field except in triumph. His cool courage, his skill in arms, aud his unclouded judgment will sure us in battle, and consecrate the victory to the good of the people. We may fail for a time, but we shall never be con- quered. We may have many bloody battles; but in none of them will our people exhibit a want of patriotism or courage. The cement of blood will consolidate us as a people, and our minds and our hearts will inspire and control the State. We must admit the possiblity of war, and its near approach, so that we shall not be self-deceived. Let us insist for peace on proper terms, but spurn it, if it is to be purchased at the expense of jus- tice, and the sacrifice of honor. DIVORCE. The Report of the Committee on the Constitution, restricting the granting of Divorces to the single ground of adultery, being under consideration, Mr. Henderson, of Macon, said : Mr. President — I entirely concur with the Committee in the opinion, that the granting of Divorces should be limited to the single ground of incontinence. Marriage being exclusively an In- stitution of God, it is only subject to the sanctions and directions of His law. No authority less than that which established tho In- THE CONVENTION OF ALABAMA. 369 stitution, can rightfully dissolve it. The integrity of the Institu- tion rests upon Divine authority, and no human power can disan- nul, or abrogate it. No part of the law of God is more binding than this ; and it were just as absurd for human legislation to at- tempt to set aside, or nullify the legislation of Heaven upon any other portion of the moral law, as this. Let us look, Mr. President, at the consequences which have re- sulted within the last few years, from this departure of State leg- islation from the ancient landmarks. The facility with which Di- vorces are granted ; the many grounds which legalize them, and the alarming extent to which they have multiplied, are a sad com- mentary upon the policy of our State in this respect. Upon look- ing into the Acts of the General Assembly of the State of Alabama for the last twenty years, and collecting the facts upon this sub- ject, I find the following result: For the years 1 840-' 41, there were 18 Divorces granted. 1843 « ti 12 1844 tt II 24 1845 « II 32 184G a u 39 1847-'48, U << Gl 1849-'50, II II G7 1851 -'52, t< ii G7 1853-'54, it << 45 1855-'56, II ii 106 1857-'58, it a 97 1859-'60, II II 115 Making in all, (with the exception of the year 1842, which I can- not procure,) the alarming total of 683. It will hence appear that this evil is increasing with an accelera- ted velocity. Twenty years ago, eighteen Divorces were granted at a single session of our State Legislature ; last year, one hund- red and fifteen were granted, showing an increase of more than six hundred per cent, in twenty years ! Or if we make the allow- ance between annual sessions then, and biennial sessions now, the increase is still between three and four hundred per cent. Should not an evil, which is making such rapid strides into the very cita- del of society, be promptly arrested, and that sacred Institution, the marriage relation, be restored to its ancient purity ] God has thrown around it the most solemn sanctions of His law, ami guarded it by the most terrible penalties. lie who violates its sacred vows, incurs the most awful penalty which Heaven can in- 370 HISTORY AND DEBATES Of diet : he has his portion "in tin- lake that burns with fire and brimstone." The Divine Law-giver has thus indicated bo us the estimate I [e placed npon this part of I lis law. And since the vio- lation of this compact incurs the heaviest penalty, which is in the power of Almightiness to Inflict, we may judge of the magnitude of the evil which the guilty part v inflicts upon his own si>ul ; upon the victim of his lust, upon the innocent family, upon society, and against God. For let it never be forgotten, that in addition to his own ruin, and all the sad consequences to his family and so- ciety, the wretched man has linked another immortal being to his own destiny: to be his accusing spirit in the world of dispair. He has committed treason against the most sacred compact which God ever formed for his rational creatures, and has incurred the penalty of treason ; total isolation from all human society, and perpetual infamy so long as he lives. Branded with a mark of a Cain, he is consigned to a living death, This, therefore, is the only ground on which the law of God permits a Divorce, I have said that marriage is a Divine. not a human Institution; and that Divorces for any cause other than the one prescribed by Cod himself — adultery — are unlawful. The Divine injunction is : •• What God hath joined together, let no man put asunder." The interdiction is explicit, universal and solemnly imperative. '' Let not man" whether as Husband, Judge, Legislator, or what not. '•put asunder." It Is an Ordinance of God, with which human power may not interfere. "God never made His work for man to mend."' The most sa- cred interests, as well as the highest, happiness of the race, depend upon the maintenance <>t' the integrity of the nuptial relation. Whatever ot' felicity earth has to bestow, is found in the cultiva- tion of its hallowed virtues. It is the great heart of the entire so- cial and political system. Where it is respected and preserved in its pristine purity, it sends the glow of health through ever} member of thai system; but let it become vitiated or diseased, ami the contagion spreads through all the extremities. As the grounds of Divorce are increased, they become corres- pondingly numerous. When the National Assembly in France enacted a law permitting Divorces, they became, within three months, as numerous in Paris, as the registered marriages. There were upwards of //rot/;/ thousand Divorces granted in the empire in eighteen months! "This law," said a- distinguished cotempo- raneous French author, "will soon ruin the whole nation." I have no doubt, that one of the most prolific causes of Divorce in this State, is. the practical operations of what is known as the " Woman's Law." As originally enacted, I do not doubt, it was THE CONVENTION OF ALABAMA* 871 intended i<> protect her rights. But results have shown, thai what was intended for her protection, has proved to be the reverse. It creates, by law. two separate interests in the same family, where God designed then- should be but one. In attempting to keep their interests separate and distinct, differences often arise, which the natural selfishness of the parties, and the course of events, intensifies, until final separation is accepted by the parties in preference to perpetual broils. Every lawyer who has had extensive practice, knows the sad truth of this statement. Di- vorces have more than doubled, in this State, since the passage of this law. It ought never to survive the meeting of another Leg- islature. Again: were Divorces limited to the single ground indicated in the report of the Committee, the marriage contract would be framed with more caution. The parties would know that their interests and destiny through life were one; and this would lead them, on the one hand, to practice all those duties of affection and kindness essential to the perpetuity of the* relation; and on the other, to exercise that generous forbearance towards each other's faults, which necessity required. In conclusion, let me add. that as you diminish the grounds of Divorce, you increase the odium of the offense which legalizes it. Let the law embody the COrrecl principle in this case, and public opinion will soon fix upon the guilty party the infamy which his crime so richly merits. The great alternative now is. will this Convention heed the authority of God Tor the clamors of the disaffected — or, if you please, the unfortunate? Is it not better lo allow this Institution to remain in all its purity, as it came from God, than to compromise it to human convenience ? When- ever you relax, a principle to fit a special case, you demoralize that principle. ^;iy, you admit a principle into buman jurispru- dence which would repeal even proposition of the decalogue which interest or prejudice may demand. You declare that God's law is not binding, when it conflicts with our convenience or sup- posed interest. In these perilous times, when every man feels a sense of dependence upon the Lord of Hosts, when our entire people are anxious to propitiate his smiles, is it safe for us to in- augurate our State policy, under the new order of things, with so manifest an infraction of His law, which is "holy, just and good .'"' I hope, therefore, Mr. President, that the report of die Committee will pass, and that Alabama will place herself beside the only State of the late Union — South Carolina — in which the marriage relation is honored and respected as it came from the hand of < rod. '2\ 372 AND DEBATES OF UA3T DAY Of SECOND SESSION. M ... Dk\ -. of Madison, offered a resolution, which was unani- mously adopted, expressive of the sense of the Convention, their high estimation of their Presidii Wm. M. Brooks, and returning the thanks of t li « • Convention for the nified and impartial manner in which he bad ] resided over I deliberations. Mk. Buloer offered the following resolution, which was unani- mously adopted : Resolved, That A. G. Horn, the Secretary, is entitled to high regard of the members of the Convention, for the dignified cud faithful manner in which he has discharged the arduous duties of his office. Mr. Webb offered the following resolution, which was unani- mously adopted : Resolved, Thai tin- thanks of this Convention arc hereby teri dered to the 1 1 « >u. Uex. B. Clitherall, for his faithful and able services, rendered as Assistant Secretary of this Convention. [Mr. Clitherall had acted in this capacity voluntarily, for the few last days of the Convention, some of the Secretaries being sick.] Mr. Morgan offered the following resolution: Resolved, That the Convention tenders its thanks to Prank L. Smith, Assistanl Secretary, for his faithful services, rendered at both its sessions. Some little business was left unfinished, and still pending. Mk. Brooks, the President, made a farewell speech, heartfelt and touching. And when the clock struck Tico, on Tuesday, March 21, 1861, the President announced thai the Convention was adjourned, sine die. The reader is referred to the following Appendix for the Re- ports of our ( !ommissioners to other States. The documents are aide, and eminently worthy of preservation. APPENDIX. REPORT OF HON. STEPHEN F. HALE, COMMISSIONER TO KEN- TUCKY, SUBMITTING THE CORRESPONDENCE BETWEEN THE COMMISSIONER FROM ALABAMA AND THE GOVERNOR OF KENTUCKY. To His Excellency A. B. Moore, Governor of the Stale of Alabama : Under the authority of the Commission with which you hon- ored me, I repaired to the city of Frankfort, in the State of Ken- tucky, on the 26th day of December last. The Legislature of that State was not in session, and no extra session had then been called by the Governor ; so that I had no opportunity of confer- ring with the Legislative department of the Government. I was, however, most cordially received by the Governor, and immedi- ately opened a consultation with His Excellency, Beriah Mc- Goffin, the Governor of the State of Kentucky. The nature and result of that consultation is full) disci. >.- i bj the official correspondence between us, herewith submitted for your consideration. On the day after my arrival, the Governor issued his Proclamation convening the Legislature in extra session, on the 17th day of .January, •' t<> take into consideration the inter- ests of the Commonwealth, as the tame may be involved n, or connected with the present distracted condition of oar oonunon country " Receive assurances of the highest consideration and e.-teem of Your friend and obedient servant, S. P. H\LE. 81 1 IIISTOKV 1X0 UKHATKS OF To II ■ Ex ellency 11. McOoffin, < r of the Commonu <>f Kentucky: I have the honor of placing in your hands herewith, ■ Commis- sion from the Governor of the Stele of Alabama, accrediting m u a Commissioner from that State tn the sovereign State of Ken- tucky, to coDsnlt in reference to the momentooa iesui - oow pend- ing between the Northern and Southern States of this Confede- racy. Although each State, as a sovereign political community, must finally determine these gravi foi itself, yet the iden- tity of interest, sympathy, and institutions, prevailing alike in all the shareholding States, in the opinion of Alabama, renders it pro- hat there should be a frank and friendly consultation, 1 • y each one, with her sister Southern States, touching their common griev- ances, and the measures necessary to be adopted to protect the in- st, bonor, and safety of their citizens. 1 come, then, in s spirit of fraternity, as the Commissioner on the part of the State of Alabama, to confer with the authorities •f this Commonwealth, in reference tn the infraction of our Con- stitutional rights, wrongs done and threatened to he done, as well ■i- tin' mode and measure of redress proper t<> be adopted by the sovereign States aggrieved, to preserve their sovereignty, vindicate their rights and protect their citizens. In order tn a clear under- standing of the appropriate remedy, it may he proper to consider the rights and duties, both of the State and citizen, under the Federal Compact, as well as the wrongs done and threatened. I therefore submit, for the consideration of your Excellency, the rbUowiog propositions, which I hope will oommand your assent and approval: I. The people are the source of all political power; and the primary object of all good Governments is to protect the citizen in the enjoyment »f life, liberty and property ; and whenever any form of Government becomes destructive of these ends, it is the inalienable right, and the duty of the people tn alter or abolish it. *J. The equality of all tin- States of this Confederacy, as well as the equality of rights of all the citizens of the respective States under the Federal Constitution, is a fundamental principle in the scheme "i the federal Government. The Union of these States under the Constitution,- was formed "to establish justice, insure domestic tranquility, provide for the common defense, pro- mote the general welfare, and secure the blessings of liberty to her citizens and their posterity;" and when it is perverted to the destruction of the equality of the States, or substantially fails to accomplish these ends, it fails to achieve the purposes of its crea- tion, and ought to be dissolved. TIIK CONVENTION OF ALAUAMA. 375 3. The Federal Government results from a Compact entered into between separate sovereign and independent State.-, called the Constitution of the United States, and Amendments thereto, by which these sovereign States delegated certain specific powers to be used by that Government, for the common defense and gen- eral welfare of all the States and their citizens ; and when these powers are abused, or used for the destruction of the rights oi any State or its citizens, each State has an equal right to judge for itself, as well of the violations and infractions of that instrument, as of the mode and measure of redress; and it the interest or safety of her citizens demands it, may resume the powers she had delegated, without let or hindrance from the Federal Government, or any other power on earth. 4. Each State is bound in good faith to observe and keep, on her part, all the stipulations and covenants inserted for the benefit of other States in the Constitutional Compact — the only bond of Union by which the several States are bound together; and when persistently violated by one party to the prejudice of her siste< States, ceases to be obligatory on the States so aggrieved, and they may rightfully declare the compact broken, the Union thereby formed dissolved, and stand upon their original rights, as sovereign and independent political communities; and further, that each citizen owes his primary allegiance to the State in which he re- sides, and hence it is the imperative duty of the State to protect him in the enjoyment of all his Constitutional rights, and see to it that they are not denied or withheld from him with impunity, by any other State or Government. If the foregoing propositions correctly indicate the objects of this Government, the rights and duties of the citizen, as well as the rights, powers and duties of the State and Federal Govern- ment under the Constitution, the next inquiry is, what rights have been denied, what wrongs have been done, or threatened to be lone, of which the Southern States, or the people of the Southern States, can complain ? At the time of the adoption of the Federal Constitution. Afri- can slavery existed in twelve of the thirteen States Slaves ate recognized both as property, and as a basis of political power, by the Federal Compact, and special provisions are made bv that in- strument for their protection as property. Under the iutlm : if climate, and other eauaes, slavery ha- been banished 1'ioin the Northern States, the slaves themselves have Inch sent to the Southern State.-, and there sold, and their price gone into the pockets of their former owners at the North. \nd in the mean- time, African Slavery has not only become odc of the fixed do- JJ7<> BISTORT AND 1MHMKS OF tic institutions of t lie Southern States, bat forou an important element of their political power, and constitutes the most valuable ■peeies of their property— worth, according to recent estimates, not less than four thousand millions of dollars; forming, in fact. the basis upon which rests the prosperity :i nf these States, and supplying the oommeree of the world with its richest freights, ami furnishing the manufactories of two conti- nenta with the raw material, and their operatives with bread. It is npoa this gigantic interest, this peculiar institution of the South, that the Northern States and their people have been waging an unrelenting and fanatical war lor the last quarter of a century. An institution with which is hound up, not only the wealth and prosperity of the Southern people, hut their very existence as a political community. This war has been waged in every way that human ingenuity, urged on by fanaticism, could suggest. They attack us through their literature, in their schools, from the hus- tings, in their legislative halls, through the public press, and even their courts of justice forget the purity of their judicial ermine, to strike down the rights of the Southern slave holder, and over- ride every barrier which the Constitution has erected for his pro tection; and the sacred desk is desecrated to this unholy crusade against our lives, our property, and the Constitutional rights guar- anteed to us by the Compact of our Fathers. During all this time the Southern States have freely conceded to the Northern States, and the people of those states, ever) right secured to them by the Constitution, and an equal interest in the common Territories of the Government ; protected the lives and property of their citi/ens of everj kind, when brought within Southern jurisdiction ; enforced through their courts, w hen neoessarj . ever) law of Congress passed for the protection of Northern property, and submitted, ever Btnce the foundation of the Government' with scarcely a murmur, bo the protection ot their shipping, manufacturing and commercial interest, by odious bounties, dis criminating tariffs, and unjust navigation-laws, passed by the Fed- era] Government to the prejudice and injur) of their own citizens. Tic- law of Congress for the rendition of fugitive slaves, passed m pursuance of an express provision of the Constitution, remains almosl S dead letter upon the Statute Book. A majority of the Northern States, through their legislative enact incuts, have openl) nullilie I it, and impose heav\ lines and penalties upon all persons who aid in enforcing this law; and some of those States declare the Southern slave-holder, who goes within their jurisdiction to as sert bis legal rights under the Constitution, guilty of a high crime, and affix imprisonment in the penitentiary as the penalty. The THE CONVENTION OF ALABAMA. 377 Federal officers who attempt to discharge their duties under the law. as well as the owner of the slave, are set upon by mobs, and are fortunate it' they escape without serious injury to life or limb; and the State authorities, instead of aiding in the enforce- ment of this law. refuse the use of their jails, and by every means which unprincipled fanaticism can devise, give countenance to the. mob, and aid the fugitive to escape. Thus, there, are annu- ally large amounts of property actually stolen away from the Southern Slates, harbored and protected in Northern States, and by their citizens. And when a requisition is made for the thief by the Governor of a Southern State upon the Executive of a Northern State, in pursuance of ibe express conditions of the Federal Constitution, he is insultingly told that the felon has com- mitted no crime — and thus the criminal escapes, the property of the citizen is lost, the sovereignty of the State is insulted — and there is no redress, for the Federal Courts have no jurisdiction to award a mandamus to the Governor of a sovereign State, to compel him to do an official Executive act, and Congress, if dis- posed, under the Constitution Has no power to afford a remedy. These are wrongs under which the Southern people have long suf- fered, and to which they have patiently submitted, in the hope that a returning sense of justice would prompt the people of the Northern States to discharge their Constitutional obligations, and save our common country. Recent events, however, have no« jnstilied their hopes; the more daring and restless fanatics have banded themselves together, have put in practice the terrible les- sons taught by the timid, by making an armed incursion upon the sovereign State of Virginia, slaughtering her citizens, for the pur- pose of exciting a servile insurrection among her slave popula tiou, and arming them for the destruction of their own masters. hilling the past summer, the Abolition incendiary has lit up the prairies of Texas, fired the dwellings of the inhabitants, burnt down whole towns and laid poison for her citizens — thus literally executing the terrible denunciations of fanaticism against the slave-holder — "Alarm to their sleep, fire to their dwellings, and poison to their food." The same fell spirit, like an unchained demon, has for swept over the plains of |\:in-. is. leaving death, desolation and ruin in its track. Nor is this the mere ebullition of a few half-craz\ fanatics, as is abundantly apparent from the s\ mpathy manifested all over til' 1 North, where, in many places, the tragic death of John Brown, the leader of the raid upon Virginia, who died upon the gallows a condemned felon, is celebrated with public honors. and his name canonized as a martyr to liberty ; and many, even EU8T0RT AM' OF of tin- d i native papers of the Black Republican Bchool. were accustomed t<> Bpeak of his murderous attack upon the 1 i \ <•- of the unsuspecting citizens of Virginia, in ;i half-sneering and half-apologetic tone. An.l what has the federal Government done iii the meantime bo protect slave propertj upon the common Derritories of the I nion? Whilst a whole squadron of the American Navy is maintained on the coast of Africa, at an enor- mons expense, to enforce the execution of the laws against the slave trade — and properly, too — and the whole nav} is kept afloat to protect the lives and property of American citizens upon the high seas, not I law 1ms bees paased bj Congress, or an arm raised by the Federal Government, to protect the slave property of citizens from Southern States upon the soil of Kansas— the com- mon Territory and common property of the citizens of all the states — purchased alike by their common treasure, and held b) the Federal Government, as declared l>\ the Supreme Court <>t' the United States, as the trustee for all their citizens; but, upon the contrary, a Territorial ' rovernment, created by ( ongress, and supported out of the common treasury, under the influence and control of Emigrant Aid Societies and Abolition emissaries, is permitted to pass laws excluding and destroying all that Bpeciee ut' property within her limits — thus ignoring, on the part of the Federal Government, one of the fundamental principles <>t' al! [rood Governments/ the dutj to protect the propertj of the citi- zen, and wholly refusing to maintain the equal rights of the States and the citizens of the states upon their common Terri- tories. As the last and CrOWUlng act <'t' insult and Outrage upon the pie of tlf South, the citizens of the Northern States, ly over, whelming majorities, on the 6th daj of November last, elected Abraham Lincoln and Hannibal Hamlin, President and Nice President of the United States. Whilst it maj be admitted that the mere election of any man to the Presidency, is uot, per 8e t i sufficient cause for a dissolution of the Union; yet. when the i upon, and circumstances under which he was elected, arc properly appreciated and understood, tin' question arises whether a due regard to the interest, honor, and safcH of their citizens. iu view of this and all the other antecedent wrongs and outrages, ■ lo not render it the imperative duty of the Southern States to ne the powers they have delegated to the Federal Govern ment, and interpose their sovereignty for the protection of their itiz.ii--. What, then are the circumstances under which, and the issues upon which he was elected 1 His own declarations, and the cur- THE CONVENTION OF ALABAMA. IJ70 rent history of the times, but too plainly indicate he was elected by a Northern sectional vote, against the most solemn warnings and protestations of the whole South. lie stands forth as the representative of the fanaticism of the North, which, for the last quarter of a century, has been making war upon the South, her property, her civilization, her institutions, and her interests; as the representative of that party which overrides all Constitutional harriers, ignores the obligation of official oaths, and acknowledges allegiance to a higher law than the Constitution, striking down the sovereignty and equality of the States, and resting its claims to popular favor upon the one dogma, the Equality of the Races, white and black. Tt was upon this acknowledgement of allegiance to a higher law. that Mr. Seward rested his claims to tin' Presidency, in a speech made by him in Boston, before the election, lie is the exponent, if not the author, of the doctrine of the Irrepressible Conflict between freedom and slavery, and proposes that the op- ponents of slavery shall arrest its further expansion; - or -laves, as citizen-. These were the issues presented in the last Presidential canvass', and upon these the American people passed at the ballot-box. I pon the principles then announced by Mr. Lincoln and his leading friends, we are bound to expect his administration to he conducted. Hence it is. that in high places, among the Republi- can party, the election of Mr. Lincoln is hailed, not Bimpl) as :i change of Administration, but as the inauguration of new princi- ples, and a new theory of Government, and even as the downfall of slavery. Therefore it is that the election of Mr. Lincoln can not be regarded otherwise than a solemn declaration, on the part of a great majority of the Northern people, of hostility to the South, her property and her institutions — nothing less than an open declaration of war — for the triumph of this new theorj of Government destroys the property of the South. la_\s waste her fields, and inaugurates all the horrors of a San Domingo servile insurrection, consigning her citizens to assassinations, and her wives and daughters to pollution and violation, to gratify the lust 880 BJSTOai AM) DKi • of half-civilized Africans. Especially is this true in the ootton- growing States, where, in many localities, the slave outnum tlic white population ten to one. If the policy of the Republicans is carried out, according to the programme Indicated bj the leaders <>f tho party, and the South submits, degradation and rain must overwhelm alike all ols of citizens In the Southern States. The slave-holder and non- slave-holder must ultimately share the same fate — all bedegra position of equality with free negroes, stand Bide by with them at the polls, and fraternize in all the social relatioi life; OT else there will lie ;in eternal War of races, desolating the land with blood, and utterly wasting and destroying all th< sources of the countr) . Who can look upon such a picture without a shudder I What Southern man, be be ■lave-holder civilize and Christian- ize the heathen than all human agencies besidi — an institution alike beneficial to both races, ameliorating the moral, physical and intellectual condition of the one, and giving wealth and hap- piness to the other. [f we fail, the ligb.1 of our civilization goes down in Hood, our wives and our little ones will he driven from their homes by the lighl of our own dwellings. The dark pall of barbarism must soon gather over our sunny land, and the scenes of West India emancipaf ion, with its attendant horn.rs and crimes (that monument of British fanaticism and folly), be re- enacted in our own land upon a more gigantic scale. Then, is it not time we should lie op and doing, like men who know their rights and dare maintain them? To whom shall the people of the Southern States look for the protection of their rights, interests and honor? We answer, to their own sons and their respective States. To the States, as we have seen, under our system of Government, is due the primary allegiance of the citizen ; and the correlative obligation of protection devolves upon the respective States — a duty from which they cannot escape, and which they dare lmi neglect without a violation of all the bonds of fealty that ho], I together the citizen and the sovereign. The Northern States and their citizens have proved recreant to their obligations under the Federal Constitution ; they have vio- lated that Compact, and refused to perform their covenants in that behalf. The federal Government has tailed to protect the rights and property of the citizens of the South, and is about to pass into the hands of a part)- pledged for the destruction, not only of their rights and their property, hut the equality of the States ordained by the Constitution, and the heaven-ordained superiority of the white over the black race. What remains, then, for the South- ern States, and the people of these States, if they are loyal to the great principles of civil and religious liberty, sanctified by the sufferings of a seven-year's war. and baptized with the Mood of the Revolution .' Can they permit the rights ,,f their citizens to bo denied and spurned.' their property spirited away, their own sovereignty violated, and themselves degraded to the ; tion of mere dependencies, instead of sovereign States? "i shall each tor itself, judging of the infractions of the Constitutional Compact, as well as the mode and measure of redress, declare that the covenants of that sacred instrument, in their behalf and for the benefit of their citizens, have been wilfully, deliberately, continuously and persistently broken and violated l.\ the other 3£2 HI8TORV AND DEBATES 01 parties to the compact, and thai they and theii ire there- fore absolved from all further obligations to keep and perform the enants thereof, resume the powers delegated to the Federal Government, and, aa sovereign States, form other relations for the protection of their citizens and the discharge of the great ends of Government .' The Union of these States was ou fraternity as well as equality] bu1 what fraternity now a the citizens of the two sections? Various religious a ciations, powerful in numbers and influence, have been broken asunder, and the sympathies thai bound together the peopli the several States, at the time of the formation of the Constitu- tion, has ceased to exist, and feelings of bitterness, and even hos- tility, have sprung up in its place. Il"\\ can this be reconciled, and a spirit of fraternity established .' Will the people of the North cease to make war up' hi tin- institution of Slavery, and award to it the protection guaranteed by the Constitution .' The accumulated wrongs of many years, the late action of their mem- bers in Congress refusing every measure of justice to the South. as well as the experience of all the past, answers. 2Vb, m Will the South give up the institution of slavery, and c thai her citizens lie stripped of their property, her civilization destroyed, the whole land laid waste liy lire and sword? .' impossible; she can not. she will not. Then why attempt longer to hold together hostile States under the stipulations of a violated Constitution? It is impossible; disunion is inevitable. Win then wait longer lor the coiisuuimat ion of a result that must come? Why waste further time in expostulations and appeals to Northern States and their citizens. « » 1 1 1 \ to b ■ met. as we have been for years past, bj renewed insults ad repeated injuries' Will the South lie better prepared to meet the emergency when die North shall lie strengthened by the admission of tin- new ter- ritories of Kansas. Nebraska, Washington, Jefferson, Nevada, Idaho. Chippewa, and Arizonia. as non-slaveholding States, a. are warned from high sources will he done within the next four re, under the administration of Mr. Lincoln? Can the true men at the North ever make a more powerful or successful rally for the preservation of our rights and the Constitution, than the\ did in tlie last Presidential contest!'' There is nothing to inspire a hope that they can. Shall we wait until our enemies shall possess themselves ol all die powers of the Government f until Abolition Judges are on the Supreme Court bench, Abolition Collectors at every port. and Abolition Postmasters in every town, secret mail agents travers- ing the whole land, and a subsidized Press established in our THE CONVENTION OF ALAUAMA. i'.S". midst to demoralize our people ? Will we be stronger then, or better prepared to meet the struggle, if a struggle must come 1 No, verily ! Winn that time shall come, well may ouradversa laugh at our folly, and deride <>ur impotence. The deliberate judgment of Alabama, as indicated by the Joint Resolutions of her Genera] Assembly, approved February 24. 1860, is, that pru- dence, patriotism, ami loyalty to all the greal principles of civil liberty incorporated in our Constitution, and consecrated by the memories of tlte past, demand thai all t he Southern States should now resume their delegated powers, maintain the rights, interests and honor of their citizens, and vindicate their own sovereignty. And she most earnestly, but respectfully, invites her Bister sover- eign State. Kentucky, who so gallantly vindicated the sovereignty of the States in 1 1i>S, to the consideration of these grave and vi- tal questions, hoping she may concur with the State of Alabama in the conclusions to which she has heeu driven by the impending dangers that now surround the Southern States. But if. on ma- ture deliberation, she dissents on any point from the conclusions to which the State of Alabama has arrived, on behalf of that State i most respectfully ask a declaration by this venerable Com- monwealth of her conclusions and position on all the issues dis- cussed in this communication; and Alabama most respectfully urges upon the people and authorities of Kentucky the startling truth that submission or acquiescence on the part of the Southern States, at this perilous hour, fill enable Black Republicanism /<< redeem nil its nefarious pledges, <M HISTORY AND DKBATM "h Bxsccmvi I >kpahtmkn r, / l-'li ANKK..KT, l\V.. I Vermin f '>. [86 T<> How. 8. V. IIm.k. Commissioner from tin StaUof Alabama : Your communication of the 27th inst.. addressed to mc bj au- thority of the State of Alabama, bai been attentively read. I concur with you iii the « »|»i»ii« »ii thai the grave political issues yel pending and undetermined, between the slaveholding and non- alave-holding States of the Confederacy, are of a character to ren- der eminently proper and highly important a full and frank con fbrenee on the pari ol the Southern members, identified, as the) undoubtedly are. bj a common interest, bound together by mu- tual sympathies, and with the whole social fabric resting on homo- geneous institutions. And coming, as you do, in a spirit of fra- ternity, by virtue of ■ commission from a sister Southern state. to confer with the authorities of this state in reference to the measures necessary to be adopted, to proteel the interests and maintain the honor and safety of the States and their citizens, I extend you a eordial welcome to Kentucky. You have not exaggerated the grievous wrongs, injuries and indignities to which the slave-holding States and their citizens have Long submitted, with a degree of patience and forbearance justly attributable alone to that elevated patriotism and devotion to the I nion which would lead them to sacrifice well nigh all. sn e honor, to recover the Government to its original integrity of ad- ministration, and perpetuate the Union upon the basis of equality established by the founders of the Republic. I may even a. Id. that the people of Kentucky, bj reason of their geographical po- sition, and nearer proximity to those who seem so madl) beni upon the destruction of our Constitutional guarantees, realize vet more fully than our friends farther South, the intolerable wrongs and menacing dangers you have bo elaborately recounted. Nor are you, in m\ opinion, more keenly alive than are the people of this State to the importance of arresting the insane crusadi long waged againsl our institutions and our society l>\ measures which shall be certain 1} effective. Tlie rights of African slavery in the United States, and the relations of the Federal Govern- ment to it, as an institution in the States and Territories, most assuredly demand, at this time, explicit definition and final recog nition by the North. The slaveholding States are now impelled by the very highest law of self-preservation to demand that this settlement should be concluded, upon such a liasis as shall not THE CONVENTION OF ALABAMA. 385 only conserve the institution in localities where it is now recog- nized, but secure its expansion, under no other restrictions than those which the laws of nature may throw around it. That uti necessary conflict between (voc labor and slave labor, but recenth inaugurated by the Republican party, as an element in our politi- cal struggles, must end : and the influence of soil, of climate and local interests, left unaided and unrestricted save by Constitu- tional limitations, to control the extension of slavery over the public domain. The war upon our social institutions and their guaranteed immunities, waned through the Northern press, reli- gious and secular, and now threatened to be conducted by a dominant political organization, through the agency of State Le- gislatures and the Federal Government, must be ended. Our safety, our honor, and our self-preservation, alike demand that our interests be placed beyond the reach of further assault. The people of Kentucky may differ variously touching, the na- ture and theory of our complex system of Government; but when called upon to pass upon these questions at the polls, 1 think such an expression would develop no material variance- of senti- ment touching the wrongs you recite, and the necessity of their prompt adjustment. They fully realize the fatal result of long( i forbearance, and appreciate the peril of submission at this junc- ture. Kentucky would leave no effort untried to preserve the Onion of the States upon the hasis of the ( 'oust i tut ion as we con- strue it ; but Kentucky will never submit to wrong and dishonor, let resistance cost what it may. Unqualified acquiescence in the administration of the Government, upon the Chicago Platform, in view of the movements already inaugurated at the South, and the avowed purposes of the representative men of the Republican party, would. I feel assured, receive no favor in this State; whether her citizens shall, in the last resort, throw themselves upon the righl of revolution as the inherenl right of a free peo- ple never surrendered, or shall assert the doctrine of secession, • •an be of little practical import. When the time for action comes — and it is now fearfully near at hand — OUT people will In found rallied as a unit under the flag of resistance to intolerable wrong; and being thus consolidated in feeling and action, I max well forego any discussion of the abstract theories to which on< party or another may hold \i> cover their resista It is true that, as sovereign political communities, the States must determine, each tor itself the grave issues now presented; and it may be that, when driven to the dire extremity of severing their relations with the Federal Government, formal independent separate State action will be proper and necessary. Hut resting, 3,N(i BU8T0KT and DKBATM Of litical communities, upon a oommoo social or$ tuting the sole object of attack and invasion.' fronted by a common enemy, encompassed by a common peril — in a word, involved in one common cause — it i to oar that tlic mode and manner <>t" defense an I redress, should be d< termincd in a full and free conference ol all the Southei and that their mutual safety requires full cooperation in <>ut the measures there agreed upon. The source whence oppres- is now to he apprehended is an organized power, a political Government in operation, to which resistance, though ultimately ssful — and 1 do not for a moment question the issue — mighi costly and destructive. We should look these facts in th- nor close our eyes to what we may reasonably expect tocn- eounter. 1 have therefore thought that a due regard to the opin- ions of all the slavehdlding Stat.--, would require that those mea- sures which concern all alike, and must ultimately involve all. should he agreed upon in common convention, and sustained b\ united action. [ have before expressed the belief and confidence, and do now totally yield the hope, that if such a Convention of delegates from the slave-holding states lie assembled, and. after calm deli Deration, present to the political party now holding the domin ance of power in the Northern States, and soon to assume tie reins of national power, the firm alternative of ample guarantees to all our rights, and security lor future immunity, or resistance. our jusl demands would lie conceded, and the I oion I'c perpetU ated stronger than before. Sudi an issue, so presented to the Congress of the United States, and to the Legislatures and people of the Northern States [and it is practicable, in abundant time befpre the Governraenl lias passed into other hands], would conn with a moral force which, if not potent to control ti '.'the representative men. mighi produce a voice from their constitu- ents which would influence them. Hut it' it fail, our cause would emerge, if possible, stronger, fortified by the approbation of thfc whole conservative sentimejil of the country, and supported by a host of Northern friends, who would prove, in the ultimate fa mo8l valuable allies. Avfter such an effort, every man in the slave-holding States would feel satisfied that all had Keen done which could be done, to preserve the legacy bequeathed usbythe patriots of '76 and the statesmen of '89, and the South would stand in solid, unbroken phalanx, a unit. In the brief time left, it seems to mi' impracticable to efFecl this objeel through the agency of Commissioners sent to the different States. A Con- vention of authorized delegates is the true mode of bringing I UK CONVENTION OF ALABAMA. 387 about cooperation among the Southern States, and to that move- ment I Would respectfully ask your attention, and through you solicit the cooperation of Alabama. There is yet another subject upon which the very highest considerations Appeal for an united Southern expression. On the 4th of March next, the Federal Government, unless contingencies now unlooked for occur, will pass into the control of the Republican party. So far as the po- licy of the incoming Administration is foreshadowed in the ante cedents of the President elect, in the enunciations of its represen- tative men, and the avowals of the press, it will l>e to ignore the acts of sovereignty thus proclaimed h\ Southern States, and <>l coercing the continuance of the Union. Its inevitable result, will be civil war, of the 'most fearful and revolting character. Now, however the people of the South may differ as to the mode i I measure of redress, I take it thai the fifteen slave-holding States arc united in opposition to such a policy, and would stand in solid column to resist the application or force by the Federal authority to coerce the seceding States. Hut it is of the utmost importance that, before such a policy h attempted to be inaugurated, tbe voice of the South should he heard in potential, official, and united pro- test. Possibly the incoming Administration would not be so dead to reason as, after such an expression, to persist in throwing the country into civil war, and we may, therefore, avert the calamity. An attempt ''to enforce the laws, by blockading two or three Southern States would he regarded as quite a different affair from a declaration id' war against thirteen millions of freemen ; and if Mr. Lincoln and his advisers he made to realize that such would he the issue of the •• force policy,'' it will be abandoned. Should we not realize to our enemies that consequence, and avert the dis- astrous results' Hut il* our enemies be crazed by victory and power, and madly persist in their purpose, the South will be bet- ter prepared to r< .-ist. You a.-k the cooperation of the Southern States in order to re- drew our wrongs : bo do we. You have no hope of a redress in the Union. We yet look hopefully to assurances that a powerful reaction i- going on at the North. You seek a remedy in seces- sion from the Union. We wish the united action of the slave States, assembled in Convention within the Union. You would act separately: we unitedly. If Alabama and the other slave State.- would meet ib in Convention, say at Nashville, or • win re, aa early a- the ."ith day of February, I do not doubt that, wc would agree, in forty-eight hours, upon such reasonable guaran- tees, by way of amendment to the Constitution of the United States, as would command at least the approbation of our num. r .{BS HISTORY AM) I>EH.W» 01 fiint. Is in the free States, sad by giving them time to make *.Le question with the people there, soon b reaction in public opin- ion might yet take place as to secure us our righto, and save the Governmi Mt It the < lVi.rt failed, the S< >u t li would be united to ■ iii.in. the North divided, the horrors of civil war would be averted — it' anything can avert the calamity. Ami it' that 1>" DOl possible, would he in a better position to meet the dreadful colliaioa l!y such action, too, if it failed to preserve the Government, the basis of another Confederacy would have hen agr and the new Government would, in t hi.-- mode, be launched into opera. •i m much more speedily and easily than by the action you prop In addition to the foregoing, 1 have the honor to refer you to i ii y letter of the Kith ult., to the editor of the S soman, and to my Fetter to the Governors of the slave States, dated the 9th Decem- ber, herewith transmitted to you. which, together with what I have, sail in this communication, embodies, with all due deference to the opiuions of others, in my judgment, the principles, policy, md position which the slave States ought to maintain. The Legislature of Kentucky will assemble on the 17th of .aiiu.iiy. when the sentiment of tin State will doubtless find offi- cial expression. Meantime, if the action of Alabama shall hear vested until the Conference she has soughl can be concluded by iinmunicatioii with that department of the Government, I shall he pleased to transmit to the Legislature your views. I regr< e seen, in the recent messages of two or three of our Southern r States, a recommendation of the passage of laws prohibiting the purchase, by the citizens of those States, of the slave- of the horder Blaveholding State-. Such a course is not only liable to the objection so often urged by us against the Abolitionists of the North, of an endeavor t> prohibit the slave trade between the States, hut is likewise wanting in that fraternal feeling which should he common (0 States which are identified in their institu- tions and interests. It affords me pleasure, however, to add, as an «Ct of justice to your State, that- 1 have Been no indication of such - purpose on the part of Alabama. It would certainly i>e consid- ered an act of injustice, for the holder slaveholding States to ]>ro liihit, by their legislation, the purchase of the products of the cotton-growing States, even though it be founded upon the mis f lkcn policy of protection to their own interests. I cannot close this correspondence without again expressing to you my gratification in receiving you as the honored Commissioner from your proud and chivalrous State, and at your courteous, able, dignified and manly hearing in discharging the solemn and im- portant duties which have been assigned to you. THE CONVENTION OF ALABAMA. 389 I have the honor to he, with sentiments of high consideration, Your friend and obedient servant, B. MAGOFFIN. Frankfort, Ky., Jan. 1,1861. To Sis Excellency />'. Magoffin, Governor of the Commonwealth of Ken tuck;/ : Your communication 6f the USth ult., in reply to the communi- cation I, as the Commissioner from the State of Alabama, had the honor of submitting for your consideration, on the 27th, has just been placed in my hands, and shall promptly be laid before tin- Governor of Alabama. Be assured that the communication of your Excellency will receive, from the authorities of the State of Alabama, that full and candid consideration due, as well to the magnitude of the subject discussed, as the high source from which it emanates; and I doubt not, that in the hour of trial, Kentucky and Alabama will be found standing side by side in defense of the rights, interests and honor of their citizens. In closing our official correspondence, permit me again to ex- press my high appreciation of the cordial welcome extended to me as the Commissioner from Alabama, as well as your many acts of courtesy and kindness to me personally, during my sojourn at your capital. And accept assurances of the high consideration and esteem of Your friend and obedient servant, S. P. HALE. REPORT OF THE HON. JOHN A. ELMORE, COMMISSIONER TO SOUTH CAROL1B » Montgomery, January 5, 1861 l. /;. Moore : Sir: 1 waa bonored by your Excellency with the appointment of Commissioner to the State of South Carolina) to confer with her Governor and hex Convention, about to assemble on the 17th of December last, on the political condition of the slaveholdin^ States of the Union, in the present crisis. The principal objeel of my mission was for consultation with that State, through hi • :;'.»<> histori in ot rnor and Convention, by a full and free interoharge of < • | • i u - ion, as to the besl Bourse to be pursued, in view of 1 1 1 « - dai impending over the Southern States, to avert those dangers, and t" unite those States in i common anion in defenoe of their 1 left this place on the 13tb December last, and arrived in Co- lumliia. the place of meeting of the South Carolina Convention, and where tic Legislature was still in session, on the I l;h. about 5 o'clock, P. M. The lateness of the li"iir of my arrival, prevented my calling upon the Governor on that evening. My arrival had been ocpected, and immediately on reaching my hotel I was culled on by numerous persons, members of the Legislature and others, who were filled with the dccpeBt anxiety t" ascertain the feeling of this State, and who were greatly cheered by the in- telligence I felt authorised to communicate. On the morning of the L5th, I waited on the Governor, [Wm II. tii-t.] at his house, and presented my credentials, 1 was warmlj received by bim, who entered into a lull and frank com- munication on the objects of my mission, The state of public sentiment in Sooth Carolina and other Blaveholdiog States, with (he Governors of several of which he had been in correspondence, and also in the preparation which South Carolina had made, and was making to maintain ber sovereignty and independence, if on her secession from the Union, the Federal Government should attempt to coerce her back into the Union by force. From the moment pf my arrival, I was in constant communica- tion with members of the Legislature, and other distinguished iiKii in that State, and with most of the Delegates to the Conven- tion as they arrived, and sought a lull consultation and interchange of opinion on the matters with which I was charged. On the L5th December, the Hon. Mr Booker, the ( lommissioner from the state of Mississippi to South Carolina, arrived in Columbia, oharged with the same objects of consultation as myself, with whom I freely conferred on the nature of our mission. The result of all the information thus obtained, confirmed the • ijiinioii entertained by me before I left (his place, and in whieh I was ]. leased to find that your Kxeellenev concurred. That opin- ion wa>, that the only OOUrse to unite the S tuthem Statea in any plan of cooperation, which could promise safety, was for South Carolina to take the lead, and Becede at once from the Federal Union without delay or hesitation ; and that any other plan would prevent cooperation for submission and not for resistance. That the only effective plan of resistance by cooperation must ensue al- ter <>ne Stat, had secede. 1 and presented the issue, when the plain THK CONVENTION OK ALABAMA. o'.'l question must be presented to t he other Southern States, whether they would stand by the seceding State engaged in a oommoo cause, or abandon her to the fate of coercion by th<' arms of the Government of the United States. In this opinion, Mr. Hunker also concurred, and on all proper occasions 1 expressed it not only as my own, but as the opinion of your Excellency. 'The Convention was organised on the 17th of December, and on that night Mr. Hooker and myself were invited by it to ad- dress that body, which we did. In my speech, I announced to the Convention the character in which I appeared before it, and the objects for which 1 had been sent, and in substance told the Convention what I had previously said to the members individu- ally, announcing as my opinion, as supported by that of your Ex- cellency, that Alabama, through her Convention, would unques- tionably follow the great example set by South Carolina, and that, there would be a large majority in our Convention in favor of the -sion of our State. Mr. Hooker expressed the same opinion, and gave the Conven- tion assurances of a large majority in Mississippi in favor of her secession. On the day of its organization, the Convention adopted a Reso- lution, that the State of South Carolina forthwith secede from the Federal Union, which passed unanimously, and appointed a Com- mittee to draft and prepare an Ordinance of Secession, and then adjourned to Charleston, to meet the next day at 4, P. M. 1 re- gret that I cannot furnish your Excelleney with a copy of this Resolution ; but on application to the Clerk of the Convention in Charleston for a copy, I was informed by him that owing to tie haste in which the Convention had removed from Columbia, Bome of the papers were mislaid, and this among them, and none of the proceedings of the first day had been or could be at the time printed. I left Colombia on the 18th at •_', P. M . and reached Charles- ton about 10, I'. M. No measure! of import me.- were adopted by thi Convention until the 20th of December, when the Ordinam ind adopted ananiti Iowa : \N ORDEN W'K To dissolve the Union I «th Carolina and other States united with bet under the a unpad entitled " The Constitution ,,t the United State- of Ann HI'-ToKY \M> HF.II ATEB OF Wc. '■ of the § South Carolina, i < ution nhlcd. d ' i , a i f it is h orda Tli il the < Irdinanoe adopted by as in < kravention, on the ' third daj of May. in tlh' year of oar Lord one thousand seven hundred and eighty-eight, wherebj the Constitution ol the 1 States of America was ratified, and also all >»i" the General Assembly of thi^ State, ratifying amendments of the said Constitution, are hereby repealed j and that the Union now subsisting between South Carolina and other the name of "The United States of America," is hereby dis solved. And "it its passage the following Resolution was adopted : /.' \lved, That the Ordinance be engrossed, under the direc- tion of the Attorney General and the Solicitors, upon parchment, signed by the President and members of the Convention at tlic Institute Sail, in the alphabetical order of Election Diet and be deposited in the arohaeves of the State. At 7. P. M., <'ii the Bame day the Ordinance engrossed on parch- ment, with the great seal of the State attached ,waa Bigned by the lent and every member of the Convention. Many questions were submitted to the Convention, <>n which no definite action has been taken thai 1 am aware of. 1 have authentic information that the Convention passed the fol- lowing Ordinances and Resolutions : I I >dc, to alter the Constitution of the State of South Caroli- na in i' spool to the oath of office l> — One, the appointment of Commissioners to Washington. 9 One, t i make provisional ai ir the continuance ol Commercial facilities in South Carolina. •1 — One, vesting in the General Assembly of the State, the powers lately vested in the Congress of the United Si .') One, vesting in Buoh Courts as the General Assembly should lireol the Judicial powers heretofore delegated to the Government • i' the United Stati I} — One, to di line and punish treason against the State. 7 — One, in relation to citisenship in the State. pies of all which are hereto attached for the information your Excellency. Then- were other important Ordinances submitted to the Con- vention, hut I had no means nl' ascertaining whether I hey were adopted in the precise form in which they were offered, hut I am THK CONVENTION OF ALABAMA. satisfied they were passed either in that form, or with some modi- fication. These 1 attach to the Reports of Committees and ad dresses, herewith submitted . 1 was in tlie City of Charleston, when, on the night ofthe 26th of December, Port Moultrie was evacuated, and Port Sumter oc- cupied by the Federal troops, under the command of Major A.O< derson. The greatest indignation was aroused by this violation of the understanding between the authorities ofthe State, and the Government of the United States From the most reliable sour- ces, I was informed that the State and Federal authorities had mutually given a pledge, lltat the State should make no attack nor hostile demonstration against the fortresses in the possession oi the Government of the United States in the Harbor of Charles- ton, and that no reinforcements were to be sent to those fortresses by the Federal Government, not the position of the troops it. those fortresses changed, until the question of their occupation or surrender had been attempted to be settled by negotiation be tween the State and Federal authorities. While the Executive ol the United States pretends to disavow the act of Major Anderson in this change of position of the troops, he sanctions the act by permitting this officer to remain in his new position. Casui-ts will find it dillieult to distinguish between the previous order, and subsequent sanction in a question of good faith. On the morning of the '21st of December, as soon as there inoval of the Federal troops from the one fort to the other, was known in the city, the Governor sent, a dispatch to Major Andei son asking an explanation of his conduct, whicb being unsatisftu ton, the troops of the State were ordered at once to occupy Fori Moultrie and Castle Pinckney, which was done on the same day and these fortresses are still in the possession ofthe State, and will be defended to the last extremity. From the Observations made by men in South Carolina, i MB satisfied thai the people of that State are prepared to undergo the utmost horrors thai war can bring upon a peoph — to have theii lands ravaged and their horn ■ made desolate, be! will submit to subjugation by th< Federal Government, or the f of the Abolition Si i I lefl Charleston on the 29th of 1 I I was I to this s& ;, from the foot that all the deli of the < invention on questions of importance were bad in m and in;, presence in South < ferolinfl could be of no farther sei ■ ;is I would obtain no further information than thai afforded bj the public prints. I cannot close this communication without mentioning the or 394 IIISTOKV AM) l'KI: dial and complimentary manner in which I was reoeived by the authorities of South ( Sarolina. The privilege "fa seat on the floor of the Senate ami House of Representatives, and of the Conven- tion, was given to me, and the hospitalities of the State tendered liv Resolution of both Houses of the Legislature. In replj t" this last courtesy, while acknowledging it in proper terms in tli" name of the State «»t Alabama, I felt constrained to decline it, but availed my self of the privileges of the seats tendered 1>\ tlir several bodies, except when the Convention was in secrel ■ion. I reached this place on the 80th ult., at night, ami have availed myself of the occasion to make known to your Excellency how I have discharged the duties of my appointment. With the highest considerations of respect, I am \ our Excellencj 's < Obedient servant. .1. A. ELMORE. REPORT OF HON. JOHN GILL SHORTER. COMMISSI! >NEB TO GEORGIA. Mil i i;im.|.;\ i i,i.i-:, I i a., January 3d, 1861. ffis Excellency Governor Jbssph K. Brown, Governor of tfn State <>/ Georgia — Sir: I beg Leave to hand you herewith a Commission from Hie Excellency Andrew It. Moore, Governor of the Sovereign State of Alabama, and attested by the great seal of the State, under ■ late of December '.'Ist. L8Q0, bj which I have the honor to be tituted and appointed a Commissioner to the Sovereign State .!' Georgia, with authority to consult and advise with your Ex- ellency, as to what is best to be done to protect the rights, inter •sts and honor of tin- alaveholding States. No duty more agreeable torn) feelings could have Keen laid UDOn me, at this trying hour in the history of OUr country, than thai of a Delegate from Alabama, the beloved State of my adoption, to Georgia, the beloved and honored State of my na- tivity. The unnatural warfare which, in violation of the Federal Com pact, and for a Long series of years, has been unceasingly waged bj the anti-slavery States upon the institutions, rights and do- mestic tranquility of the slave-holding States, has finally eulmina- THE CONVENTION OF ALABAMA. .'{'.>."> tod in the election of ;in open and avowed enemy to our section of the Union; and the greal and powerful party, who have pro ducel this result, calmly awaits the fourth daj of March next, when, under the forms of the Constitution and the Laws, the} will usurp the machinery of the Federal Government, and madly at tempt to rule, it* not to subjugate and ruin, the South. In anticipation of such a contingency, and in advance of any of her sister States, the General Assembly of Alabama, on the -1 1th day of February, 1860, solemnlj declared, that '-to permit a seizure of the Federal Government 1>\ 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 that, the Gen- eral Assembly of Alabama, representing a people loyally d ted to the Union of the Constitution, but SOorning the Union which fanaticism would erect upon its ruins, deem it their solemn duty to provide in advance the means by which the\ ma\ escape such peril and dishonor, and devise new securities for perpetua- ting the blessings of liberty to themselves and their post< rity." In stem pursuance of this purpose, the Genera] Assembly adopted, among others, the fallowing Resolution : "That upon the happening of the contingency contemplated in the foregoing preamble, namely, the election of a President ad VOCating the principles ami action <>\' the party in the Northern States calling itself the K'epulilican Party, it shall he the duly ol the Governor, and he is required forthwith, to issue his proclarA ation, calling upon the qualified voters of this State to assemble on a Monday, noV more than forty days after the date of said proclamation, at ^jie usual places of voting in their respective counties, and elect [^legates to a Convention of the Stat sider, determine au of the South in li. ■■<{' the South. We should make haste to he ready for the conflict whioh is well nigh upon us. •• I >elay is dangerous — hesitation, weakness — opposition, treas >n, V\ honor the gallant State of South Carolina, which accidental and fortuitous circumstances hive placed in front of the battle; and Alabama will stand \<\ and make eoinnioii cans.' with her, and ever) other State which shall assert her independence of an abolitionized < Jo\ ernmeiit. THE CONVENTION OF ALABAMA. .'597 Alabama sends greetings to her mother — glorious old Georgia, the Empire Slate of the South — one of the immortal thirteen which suffered, and endured, and triumphed in the Revolution of l'i7t'>; and Alabama invokes her counsel and advice, aerenoour- agement and cooperation. Having similar institutions, kindred sympathies, and honor alike imperilled, will not Georgia ut with Alabama and sister States in throwing off the insolent des- potism of the North, and in the establishment of a South Confederacy, a government of homogeneous people, which shall endure through all coming time the proudest and grandest mon- ument on the face of the earth 1 1 shall proceed hence to die capital of Alabama, t" report the. result of my interview with you* Excellency to the Governor of Alabama, in time for him to lav the same before the I lonvention on Monday next; and 1 shall ieel grateful for the honor of being made the medium of bearing any communication which your Excellency may he pleased to make. With high consideration, I am Your Excellency's i Hie.lient servant, JNO. GILL SHORTER. Executive Department, I Milledoeville, January 5th, 1861. \ //•• . '■■' ' i il .- '. <>/ the Slut' of Alabama . XV.- . BI8T0KT \NI> DKBATM Of While Georgia may be said to be the Mother of Alabama, -•he is proud of the noble conduct of her daughter; and will not claim to lead, bul will be content to t '< • 1 1 « » w in the path of glor> in which her offspring Leads. We feel well :i--iu r« •< 1 that your Si.it.' will not be intimidated, nor driven from her high position. While many of our most patriotic and intelligent citizens in both Slates have doubted the propriefc) of immedi »ion. I feel quite confidenl that recent developments have dispelled those doubts from the minds of mosl men, who have, till within the last few days, honestly entertained then). Longer continuance in a 1 niori with those who use the Govern ment only as an engine of oppression and injustice, cannot, it - bo me, be desired by an) party in the Southern State. Conciliation and harmony among ourselves, are of the most \ital importance. Let us, it' we have differed in the past, i each other with just forbearance; and the path of dut\ will. I I rust, be plain to all. The Federal Government denies the right of a sovereign state cede from tha Union, while it refuses to make any conces- sions or to give an\ guarantees which will secure our rights in fUture. It we yield this right, we become the subjects, and the pro-slavery States the provinces, of a great centralized Empire, consolidated and maintained by military force. The sovereign State of South Carolina has resumed the pow- ers delegated bj h eminent. The Government disavows his conduct, but refuses io keep its faith by remanding him to his original position. The result will probably be, the loss of much of the best blood in South Carolina, before the Fort can betaken. In mj opinion, other Southern States should not be deceived l>\ trusting to such a Government in fui ure. THE CONVENTION OF ALABAMA 390 In view of the threats of coercion which are made by North- ern Senators and Representatives, and the probabilities that the like policy now meets the sanction of a majority of the Cabinet, the South can look in future only to her own strength, the justice of her cause, and the protection of the Almighty Ruler of the Universe, for her safety and independence. Prompted bj these considerations, I have seized and occupied Fort Pulaski, the stronghold in this State, with a sufficient number of troops and other ample provision to secure it against successful assault. Till the Convention of this State has acted, and decided the question Hi' Georgia's future dependence or independence, I shall hold the Fort at all ha/anls. and by force, if necessary. I am glad to learn, by a telegram just received from His Ex- cellency the Governor of your State, that he lias taken the same precautions tor the protection of the people of Alabama, against the admits of our common enemy; and I sincerely trust the Executive of each and every Southern State in the Union will at once adopt the same policy : and let us all cooperate in a c inmi defense So tar as the returns have been received at this office, the\ indicate beyond a. doubt that the people of Georgia have deter- mined, by an overwhelming majority, to secede from the Union no soon as our Convention meets and has time to consummate this important step, which can alone preserve the honor, the rights and the dignity of this State in the future. I trust that Alabama will not hesitate, hut will act promptly ami independently, relying, as I know she may. upon the cm-dial cooperation of Georgia in every hour of trial. The people of the pro-slavery States have common institutions, common inter- ests, common sympathies and a common destiny. Lit each state, as soon as its Convention meets, secede promptly from the Union ; and let all then unite upon a common platform, co- operate together, and "form a more perfect Union. Our cause is just, and f doubt not, should we be .attacked, that the God of l>attles will protect the right, and drive far from us the s<-an ■ f an invading foe. i.t the necessity which compels me to prepare this re- sponse in so short a period. I have no time to revise it. You will please saj to His Excellency Governor Moore, that it will afford me much pleasure to receive intelligence at the earliest moment, after the Convention has placed Alabama in the high position which Georgia, by a vote of her people, has determined to occupy so soon aa her Convention has time to assemble and deliberate. I am. \ DEBATES l hos. j.l. m.curry, commiss mary lam Mom; \i \.. ( Bth January, 1881. \ \ " i s ) lt under the authority of the Commissions from you, I visited Annapolis to confer, in person, with the • - -Tit' of M ryland. II and I submitted the cucli letter, with the request thai ii !"■ laid before tl"- Lcgislal when it should !>•• com ened. The Governor, prior to mj visit, had declined, "ii tin- applica- tion of the Commissioner from Mississippi, and numerous jts, more or less formerly presented, from citizens of Mar\ land, to convene the Legislature t" consider ih>' present condition of political affairs. From conversation with prominent eiti; and from other sources, I amfifmlyof theopinion thai Maryland will not long hesitate to make common cause with her sister States which have resolutely and wisoh determined not to sub ■ A bolition domination. I have th honor t" !"■. with high reap *» our obedieni servant^ J. I, M. CI RRi . Ihs Bxcbllknoi A. B. Moore, Montgomery, Via. \n\ai'(m.i>. Mi... I »'•' . 38th, 1800. i G ivernor of the sovereign State of Alabama ha* appointed me a Commissioner to the sovereign State of Man land. •• t" consult an best to I"- d to protect the rights, inter and honor of the alaveholding Stat'-^.'" menaced and c.ndan- ' by recent political *-\ ents. Raving watched with painful auxiotj the growth, power and roachments of anti-slaveryisni, and anticipating for the party, held together by thi> si ntiment of hostility t" the rights and in- stitutions of the Southern people, a probable success (too fatal h realized) in the recent Pr< sidential election, the General Assem bly of Alabama, on the 24th of February, 1800, adopted Joint providing, on the happening of such a contingency, for a Convention of the State, "toconsider, determine and d<> whatever the rights, interests and honor of Alabama require to be done for their protection." In accordance with this authority, TMK CONVENTION OF ALABAMA. 10 1 the Governor has called a Convention to meet on the 7th daj of January, 1861, and on the 24th instant Delegates -were elected to that body. \"i content with tins simple bul significant act of convoking the sovereignty of the people, the state affirmed herreserved ami undelegated righl <>t' secession from the Coufedeiacy, and intinia- ted that continued and unceasingly violent assaults upon her rights and equality, might "constrain her to a reluctant bul early exercise of thai invaluable right." Recognizing the common in- terests and destiny of all the States holding property in the labor of Africans, and "anxiously desiring their cooperatioj in a strug- gle which perils all they hold most dear." Alabama pledged her- self 1" a "cordial participation in any and ever} effort which, in her judgment, will protect the common safety, advance the com- mon interest and serve the common cause." To secure concert and effective cooperation between Maryland and Alabama is. in a great degree, the object of my mission. I iiJir our federative system, each State being necessarily the sole judge of the extent of powers delegated to the < leneral Agent, and controlling the allegiance of her citizens, must decide for hers< if, in ease ofWTOBg, upon the mode and measure of redress. AN' i t ] i- iu the Union tin- States have absolutely prohibited themselves from entering into treaties, alliances and confederations, and have made the assmt of Congress a condition precedent i" their enter- ing into agreements or compacts with other States. This consti- tutional inhibition has been construed to include " every as ment, written or verbal, formal or informal, positive or implied, by the mutual understanding of the parties." Without endors- ing this sweeping judicial dictum, it will be conceded that it' the grievance or apprehension of danger Ik- so greal as to rendei ,iv or advisable a withdrawal from the Confederacy, their can be between th< similarly imperilled, prior to separa- tion, only an informal understanding tor prospective concerl and federation. To enter into a binding "agreement or compact" would violate the Constitution, and the Smith should lie careful to part with her distinguishing glorj "f having n< der the most aggravating provocations, departed from the strictest requirements of the Federal Covenant, nor suggi .in\ propositi. in infringing upon the essential equality of the It is. nevertheless, the highest dictate of wisdom and patriotism to far as can be constitutionally dom. mutual league, united thoughts and counsels," between tl whose hopes and hazards are alike joined in (he , uu rpr - cnmplishing d< liveran * from Abolition domination. M)2 HISTORY VMi I>K HATES OK To your Excellency, or bo intelligent :i body as the Legislature of Maryland, it would be superfluous t6 enter Into an elaborate statement of tin- polio) and purposes of the part} which, by the recent election, will bood have the. control of the General Go* eminent. The bare fact that the party is sectional and hostile to the South, is a full justification for the precautionary steps ta- ken by Alabama to provide for the escape of her citizens from th" peril and dishonor of submission to its rule. Superadded to this sectional hostility the fanaticism of a Bentiment, which has •ne a controlling political force, giving asceridancy in ever) Northern State, and the avowed purpose, as disclosed in party creeds, declarations of editors, and utterances of Representative men, of securing the diminution of slaver) in the States, and placing it in the course of ultimate extinction, and the South would merit the punishment of the simple, it' she passed on and provided no security against the imminent danger. When Mr. Lincoln is inaugurated, it will not be simply a change of Administration — the installation of a now President — but a reversal of the former practice and policy of the Govern- ment so thorough as to amount to a revolution. Cover over its offensiveness with the most artful disguises and the fact stands out in its terrible reality, that the Government, within the ampli- tude of its jurisdiction, real or assumed, becomes foreign to the South, and is not to recognize the right of the Southern citizen to property in the labor of African slaves. 1 [eretofore, ( '"li- the Executive, and the Judiciary, have considered themselves, in their proper spheres, as under a constitutional obligation to y^'' ognize and proteel as property whatever the States ascertained and determined to lie such. Now the opinion of nearly every Republican is, that, the slave of a citizen of Maryland, in posses- sion of and in company with his master, on a vessel sailing from Baltimore to Mobile, is as \'vr<- as his master, entitled to the same rights, privileges and immunities, as soon as a vessel has reached a marine league beyond the shores of a Slate, and is outside the jurisdiction of State laws. The same is held it' a slave lie carried on the territory orother property belonging to the United States, and it is denied by all Republicans that Congress, or a Territo- rial Legislature, or any individuals, can give legal existence to slavery in any Territory of the United States. Thus, under the new Government, property which existed in cvrvy one of the States, save one, when t he Government was formed, and is rec- ognized and protected in the Constitution, is to be proscribed and outlawed. It requires no argument to show, that States whose property is thus condemned, are reduced to inferiority and ine- quality . THE ( '(INVENTION OF ALABAMA. 40;> Such being the principles and purposes of the new Govern- ment and its supporters, every Southern State is deeply interest- ed in the protection of the honor and equality of her citizens. Recenl events occurring at the Federal Capitol 'and in the North must demonstrate to the most incredulous and hopeful thai there is no intention on the part m the Republicans to makeebnces- sions to our just and reasonable demands, or rurniah any Becuri lies againsl their wrong doing, [f their purposes were right and harmless, how easy to give satisfactory assurances and guaran- ties! If no intention to harm exists, it oan be neither unmanly nor unwise to put it out of their power to eommi#harm. The minority section must have some other protection than the. dis- cretion or sense of justice of the majority ; for the I institution, as interpreted, with a denial of the right of -secession or State- interposition, affords no security or means of redress againsl a hostile and fanatical majority. The action of the two Commit- tees, in the Senate and House of Congress, shows an unalterable purpose on the part of the Republicans to reap the fruits of their recent victory, and to abate not a jot or tittle of their Abolitien principles. They refuse to recognise our rights of property in slaves, to make a division of the territory, to deprive themselves of their assumed constitutional power to abolish slavery in the Territories or District of Columbia, to increase the efficiency ol the fugitive slave law. or make provision for the compensation ol the owners of runaway or stolen slaves, or (dace in the hands of the South any protection against the rapacity of an unscrupulous majority. If our present undoubted constitutional rights were reaffirmed in. if possible, more explicit language, it i.s questionable whethei they would meet with more successful execution. Anti-slavery fanaticism would probably soon render them nugatory. The sentiment of the sinfulness of slavery seems to lie imbedded in the Northern conscience. \n infidel theory has corrupted the Northern heart A French orator said, the' people of England once changed their religion iy Act of Parliament. Whether "'He or not, it is not probable thai settled convictions at the North, intensely adverse to slavery, can he changed l'\ Congres- sional resolution-- "i- constitutional amendments. I rider Republican rule, the revolution will not I... confined to slavery audits adjuncts. The features of our political system, which, constitute its chief excellence and distinguish it from abso- lute Governments, .ire to he altered. The radical idea i,f this Confederacy is the equality of the sovereign states, and their voluntary assent to the Constitutional Compact. This I 28 iUl I1ISTOKY AM) DKISATKS OP ■ -lit Iodic to be changed, ho thai to a great extent, power be oentralized at Washington^ Congress is to b© the final - | Siiiiis are to be deprived of a reciprocity equality of righto; and a oommon Government, kept in being l>y force, will discriminate offensively and injuriouslj against the property of a particular geographical section, With Alabama, after patient enduranot for years, and earnest >tulation with the Northern States, the reluctant conviction leoome fixed, that there is no safety for her in a hostile Union, erned by an interested Beetional majority. As a sovereign . vitalh^ntcrested in the preservation and security of Afri- can slavery, she will exercise the right <>t' withdrawing from the Compact of Union. Most earnestly docs she desire the COOpe- »n of sister Southern States in a new Confederacy, based on the same principles as the present. Saving no ulterior or una vowed purposes to accomplish, seeking peace and friendship with ifeople, determined that her slave population, not to he in- - I by importations from Africa, shall not be localized and become redundant by excess of growth beyond liberty of expan- lion, she most cordially invites the concurrent action of all States with common sympathies and common interests. Under an Alt- •lition Government the slavcholding States will be placed under a common ban of proscription, and an institution, interwoven in the very frame work of their social and political being, must sb gradually or speedily, with the Government in active hos- tility to it. Instead of the culture and development of the bound- capaoities and productive resources of their social system, it assaulted, humbled, dwarfed, degraded and finally crush- ed out. To some of the States delaying action tin- new securities, the question ot submission to a dominant Abolition majority is prc- I in a different form from what it was a few weeks ago. < >ne has seceded; others will soon follow. Without discussing propriety of such action, the remaining States must act on the facts as they exist, whether of their own creation or approval i not. To unite with the seceding States is to he their peers as confederates and have an identity of interests, protection of pro- perty, and superior advantages in the contest for tin- markets, a monopoly of which has been enjoyed by the North. To refuse union with the seceding States is to accept inferiority, to lie do prived of an outlet for surplus slaves, and to remain in a hostile Government in a hopeless minority and remediless dependence. It gives me pleasure to be the medium of communicating with you and through you to the Legislature of Maryland, when it THE CONVENTION OF ALABAMA. 405 shall be convened. I trust that between Maryland and Alabama, and other States having a homogeneous population, kindred inter- ests and an inviting future of agricultural, mining, mechanical, manufacturing, commercial and political success — a Union, strong as the tie of affection, and lasting as the love of liberty^ will soon be formed, which shall stand as a model of a free, representative, constitutional, voluntary Republic. I have the honor to be, with much respect, Your obedienl servant. .1. L. M. CURRY. Hon. Thos. 11. Hicks, Annapolis. Md. REPORT OF Till: HON. WILLIAM COOPER, COMMISSIONER T<> missouri. Montgomery, Ala., / January 7, 1861 . \ To His Excellency A. 1>. Moore, Governor of Alabama: Sir — In pursuance of the requirements of the commission to me directed, by the Governor of the State of Alabama, on the istli of December, I860, I did forthwith repair to Jefferson City, in the State of Missouri, for the purposeof performing the duties required of me, as Commissioner from the State of Alabama to the State of Missouri; and my communication was Immediately had with the then acting Governor of that State [Robert M. Stewart]. 1 submitted to him my communication, a copy of which is herewith laid before your Excellency, together with the reply of Governor Stewart, The Missouri Legislature was not in session, and would not convene until the last da\ of Decem- ber, I860. Many of the members, however, of both Houses, had milled at the seal of < rovernment, and it being oh\ ions that 1 could not await the organization of that Body, with any hope of such prompt action, on its part, a- to enable me to be pi', sent. and return here in time for the Alabama Convention, an infor- mal meeting of the members of the Senate and House of Uepr< - sentativea was had. in the Senate Chamber, after due publication, and an opportunity was afforded me of being In ard, b\ the mem bars and the people, in the Hall of the House of Kepi lenta fives, on the 29th of December past ; and, after which, action was had \>\ the member* who convened in the Senate Chamber, and adopted a preamble and resolutions, which were handed to me, and which I herewith submit to your Excellency. 106 l!l-T'Hn AMI IH'.l ' I will add tli.it. vi far as I OOtlld 1< am (ami then pression of opinion, from 1 1 1 • - members and the people of the of M ssouri), thai State was is favor of cooperation with the slave-States, and, in the event of a dissolution, Missouri will with i the South, and not with the North. Missouri - and realties her critic*] situation, being a border State, bounded North, Bast and Weal bj free-soil territory, and nded by a sta the South, Bparselj populated. She will move with slow and cautious steps. The presenl Governor M — mi, Hon. < '. V. Jackson, i^ decidedly in favor of calling State < orivention, to sd in tin- presenl political crisis of the country, and his views arc full} foreshadowed bj liis letter of the — December past, as well as in bis Message. His !• tter to Gen Shields i-« also here referred I Respectfully, w . COOPER. LETTEE OK <;<>\\ .IAiKSoN. M\ Dear Sbtxlds — 1 observed in the last Expositor a call for a meeting, to take place in Lexington, on the LOth of this month, to consider the course the Southern people Bhould pursue under the menaces and threats of Black Republicanism, from the free and outspoken terms in which this call is made, and the nnquali- language used in Betting forth the objects of the meeting, • ■ of us at a distance cannot but infer that the good people of ••(.hi Lafayette n are determined to assert the rights which belong to them under the Constitution, and set themselves right before t he world. ! rejoice to see that the men "I .all parties have freely signed this call, and I trust in < ; * n i they will have tin- metal and the nerve about them, when thej shall assemble together, t<> look all impending danger squarelj in the face, and lirmh but respectfully declare to the world where thej will he found in the fearful i which now overhangs our common country. The time has come, in my judgment, when a settlement of all the questions in contro- \ must he had. That settlement, t" !»• of an\ value, must be ii ii. comiu.i;i ■!■:. and mrix, and expressed in such terms that me can doubt the exact meaning of the settlement. In the call for your meeting, you have declared your purpose t" demand an "unconditional repeal" of all the personal-liberty laws which have been passed by the w-n' Stales. This is a step. I think, well taken, a' el leads in the right direct ion. But doe. n go far enough 1 THE CONVENTION" OF ALABAMA. 407 Does it reach the heart of the disease? Nothing short of the most positive and binding obligations would I accept in the pro- posed settlement. Suppose those offending States should agree to repeal their odious enactments, and should actually do it. maj they not reenact them .the year following! They have already violated one bargain, under the pretence of construing it differ- ently from us. In making the next agreement, let it be mad. plain that the wayfaring man. though in a gallop, cannot mistake its meaning. Von know the Constitution lias not the word slave or slavery in it. Our fathers, who made it, were, in reference tb diis subject, possessed of a little mock-modesty, or, perhaps, more properly speaking, they were a little too mealy-mouthed Co speak "ut "in meeting," fully what they thought and meant. Now, everybody knows exactly what they meant ; yel the \lioli- tionists and Black Republicans are beginning to deny its true in- tent and meaning. You know this is so — every man knows it. Should we. then, accept anything less than an amendment to the Constitution, setting forth, in the plainest terms, the esect agree- ment entered into? I do not know that we should ask this by of "amendment," but rather as an explanation of the true meaning of the Constitution. We should also require a proper penalty of i'\ryy State that failed to comply, in good faith, with the Constitution and laws upon this subject. Each State thai permits its citi/ens. in the way of armed mobs, or Otherwia obstruct the faithful execution of the fugitive Slave Law. should field r Sponsible to the owner of the slave for all damages and [t has occurred to my mind that wo should de- mand this, or something like it. I will not differ with friends in the matter of detail, or mere form of the thing ; so 1 get the suh- stanoe I should feel satisfied. Some of the Union-savers, and some < have you with us if it would not put you to t<>.. much trouble. This is all I in- tend to say in the outset : hut as I have a little space I will add a woid more. I think the people of each Southern state should hold Conventions at once, and these conventions should appoint delegates to a general Convention of all the Southern States, where they could all agree on what ought to he demanded, and that all might act in concert in carrying out the measures and po- licy agreed upon. Had I been acting Governor of the State, I should have called the Legislature together before now, in order that they might consider the question of calling a Convention, and at the same time, it' thought proper, to dispatch a Commis- sioner to South-Carolina, Gnorgia, etc., etc.. asking them, as friends, mit to go out of the Union, by any bast) step, but remain with us and inert us in ( 'snvciition. and. it go we must, let us all go out together. Let us exhaust all the means in our power to maintain our rights in the Union, let us preserve the Government, if possibly in our power; hut if. after having tried all the reme- dies within our grasp, if these should fail — as I fear they will — then. I sa\ . let us dissolve the Connection, ami maintain the rights which belong to uv. \r \i.i. HAZARDS, \m> TO THE LA81 BXTRM- Mll 'i . In my arguments upon this subject I have thought it a waste of words and time to discuss the abstract right of secession. To us les nol matter whether it lie a Constitutional remedy or not. Adiat right has the Black Republican or his allies to read us lec- tures on Constitutional rights, after having violated, with impu- nity, the plainest provisions of the Constitution for more than thirty years .' I pray that our friends ma) not he betrayed into any rash acts or measures. Let there he no threats, no bravado, isconading; hut firmly and determinedly lei us take, our po- sition, in the right, and stand hv it to the last. c. F.JACKSON - . the convention of alabama. 401) Jefferson Citv, Missouri, ) December 26, I860. J To HU Excellency A*. .1/. Stewart, Governor, dx: Sir : At a late session of the Legislature of the State ot' Ala Kama, and on the 34th day of February, 1860, the Senate an-! House of Representatives of the State of Alabama, in General Assembly convened, adopted the following Preamble and Ri lution, viz : " Whekkas, anti-slavery agitation, persistently continued in the non-elaveholding 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 deadly hostility to the rights and Institutions of the Soutbei people, and a settled purpose to effecl their overthrow, even bj the subversion of the Constitution, and at the hazard of blood shed: 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 executu n of those atrocious desings, has acquired the ascendant in evea Northern State, and hopes by success in the approaching Preai dentia] election, ftj seize the Government itself; and, whereas, t" permit such a seizure by those whose unmistakable aim, is to per- vert its whole machinery to the destruction of a portion of its members, "WOuld he an act of suicidal folly and madness, almost without a parallel in history : and. whereas, the General Assem My oi Alabama, representing a people Loyally devoted to the [Jnion of the Constitution, bul scorning the Union which fanati cisui would erect upon it ruins, deem it their solemn duty to pro- vide in advance, the means by which they may escape such peril and dishonor, and desire new securities for perpetuating the Mess ings of liberty to themselves and their posterity. Therefore, /;■ U Resolved, By the Senate and House of Representatives of the State of Alabama, in General Assembly convened, ! upon the happening of the contingency contemplated in thefoi ing preamble. Darnel] : the election of a President advocating principles and actions of the part} in the Northern g tiling itself the Republican part) . it shall be the duty of the < I and he is hereby required forthwith to issue his proclam&t calling upon the qualified voters of this State to assemble on M ■'-lay id more than forty da\ s after tin' date of said p: [nation, and at the general places of voting, in their respect counties, to elect D 9 to a State Convention of the St to consider, determine, and do whatever in the opinion of 410 IHSToKY AND DEBATES OF Convention, the rights, interests and honor of the state of Ala- bama requires to !»«■ done for their protection. And "ii the 25th day of February, I860 another Resolution was adopted and passed by said body, as follows, (i •• /;< U Beaolwd, That in the absem fan) preparation for a matic Cooperation of the Southern states in resisting the ins of their enemies, Alabama, acting for herself, lias sol- emnly declared,, thai under no circumstances will she submil to the foul domination of a Sectional Northern party ; has provided for the care of a Convention, in the want of the triumph of such .1 fection in the approaching Presidential election, and to maintain her position thus deliberately assumed, has appropriated," &e. Under the foregoing Resolutions, and the influence of subse- quent political events, his Excellenoy Andrew B.Moore, Gov- ernor of the State of Alabama, deeming it proper to consult with the slaveholding States of the Union, as to what is best to be done to promote their and >'\\v interests and honor, in the crisis which die action of the Black Republicans has forced upon the country, and believing that the Conventions of South Carolina and Flori- da, IS wed as the Legislatures of some of the other States would have assembled and acted before the meeting of the Convention of Alabama, and thus the opportunity of conferring with them would lie measurably lost, determined to appoint Commissioners .i'h of the slaveholding States, in time to enable them to re- port die result of the Convention to him befbro the meeting of the Alabama Convention, (which will assemble at the cit) of Montgomery, on the Tth of January, 1861,) that the same mighl lie laid before that bod) . The election of members to the Alabama Convention was hold- cm the 24th December, 1860. This course was pursued by Governor Moore, because the Southern States could not. without violatingtbe Constitution of the United states, make any agreement, form any alliance, nor ■ ■nter into any compact for their mutual protection, before sepa- rate State secession ; and ItCcaiise all that can be done, will lie to onsult generally as to what would be best; and afterwards t<> le separate!) as emergencies mighl demand, and thereafter co- operate in the formation of such Confederacy as might tend t<> die general welfare. 1 bder this state of facts the undersigned was. b) Andrew 1>. Motire, (iovernor of the State of Alabama, on the 18th of Decem- . 1860, commissioned to the State of Missouri to consult and idvise with his Excellency the Governor of Missouri, and with THE CONVENTION OF ALABAMA. 411 the Legislature, and all other public functionaries of said Stale. touching the premises as to what shall be deemed best to be done tO protect the rights, interests, and honor of the slavehohling States; and all of which is respectfully submitted to elicit the counsel and opinion of the State of Missouri, as to what is besi to he done by the slavehohling States, in the present political cri- sis, and all of which i respectfully submit to elicit the consultation and advice of the State of Missouri in the premises. Respectful I v. WM. COOPER, Commissioner from Alabama. GOVERNOR STEWART TO OrOVERNOR MOORE. Executive Department. ) City of Jefferson, Dec 30th, 18<>o. \ His Kxcellenc)) A. />. Moore, (;<>>■, rnor of . ilabama, Montgomery^ Alabama. Sir: I acknowledge with pleasure the receipt of your favor of the 18th inst, accrediting and introducing to me .Mr. William (ooper as a Commissioner from Alabama to Missouri, to confer with proper authorities in this State, respecting all matters con- nected with the present political and governmental crisis in the United States. I am truly gratified, and the people of Missouri will be pleased to learn, that you have taken a course which looks to a friendly conference of all the slavediohling States. Be assured, sir, that in Missouri we have a lively appreciation of the practical injuries suffered from the interference and depradations ol' Northern fa- natics. Owing to the peculiarity of our geographical position, being bounded by nearly a thousand miles of free Territory, our State probably Suffers more from the loss and abduction of slaves than any of her sisters; and our people arc determined to seek n ■ , for their wrongs and full security and indemnity fur their rights. At the same time they art, to far as I am advised, equally opposed to separate or immediate action upon a subject of »o grave impor- tance. The people of Missouri ■will still seek for the acknowledgment and indication of their rights within the Union, rather than "fly 412 HISTuKV AMI DX0ATX8 0F from present evilfl to those we know not of;" and when the terms fair adjustment are refused, will be prepared to join with tlio holding States in united measures for the re Ireas of "tir oom- rie\ anoe& For a farther exposition of my views on this subject, I beg to refer you to my forthcoming annual message to the General \ ly "t" Missouri; which you will doubtless receive before the meeting of your State Convention on the 7th proxim >, as also that <>!' my successor of whose opinions 1 am not specially advised, (n the meantime, be assured, that a\ ery oonrtosy, which the representa- tives of a great and generous people know how to bestow, will he cordially extended to the worthy and gentlemanly Commtssener, somes here honored with the confidence of Alabama. Yours, respect fully, K. M. STEWART. At an adjourned meeting of the members of the Legislature of Missouri, held at the Capitol on Saturday. December 29th, istii). ■ to the meeting of the General Assembly, after the address of the II. ui William Cooper, Commissioner from the State of Ala- bama, Dr. .John Hyer, Senator from i>enf, was elected Chairman, and ]'. C. Cloud, htsq., of Pemescot, was elected Secretary. Hon. _M. M. Parsons, Senator from Cole, offered the following: >lved, That we have heard with deep interest the address ui' tin 1 Hon. William Cooper, Commissioner appointed from the State of Alabama, to consult with us in regard to what, course the slaveholding States should take under the present crisis, and that we will, during the coming session, express our opinions, officially, upon the questions now distracting the Union, and will furnish his Kxcelleney, the Governor of Alabama, with a copy of such resolutions on the subject as the General Assembly may adopt," which was unanimously adopted. Hon. Thomas W. freeman, Representative from Polk, offered the following : •' Resolved, That the Secretary of this meeting be direeted to transmit a copy of the Resolutions adopted by this meeting to his Excellency, the Governor of Alabama, by Hon. William Cooper, ( lommissioner from that State " Which was unanimously adopted, and thereupon the meeting adjourned. R. C. CLOUD, Secretary. THE CONVENTION OF ALABAMA. 413 report of this hon. john a. winston, commissioner to louisiana. January % 1861. Sir: In obedience to your instructions, I repaired to the scat of Government of the State of Louisiana, to confer with the Governor of that State, and with the legislative department, on the grave and important state of our political relations with the Federal Government, and the duly of the slavebolding States in the matter of their rights and honor, so menacingly involved in matters connected with the institution oi' African slavery. Owing to the fact that the Legislature was in session only three days, and other unavoidable causes, I did not arrive at Baton Rouge until after the Legislature had adjourned. But I mel many members of the Legislative Corps, and communicated with them, and with His Excellency. Gov. T. < >. Moore, on the pur- poses of mj Embassy, and have the pleasure to report that the legislative mind appeared fully alive to the importance and the absolute necessity of the action of the Southern States, in resist ance of that settled purpose of aggression on our Constitution;;! and inherent natural rights, by the majority of the people of the nqn-slave-holding States of the Federal Union; which purpose and intention has culminated in the election of a man to the Fres- idency of the United States, whose opinions, and construction!) of Constitutional duty, are wholly incompatible with our safety in a longer union with them. In evidence of such a conclusion, the Legislature of Louisiana have provided i'^v a Convention of' the people, to consider and take action on the matter; the election of delegates to which takes place on the 7th instant, -and the Convention assembles on the 23d instant. I was rejoiced to find the Governor fully up to the conclusion, that the time had come when the enjoyment of peace and our rights a-- co-equals in this Confederacy, were no Longer to L peeted <»,'■ hoped for: and that the solemn duty now devolved upon us. of separating from all political connection with the Stale- so disregarding their Constitutional obligations, and of forming such a Government as a high sense of our rights, honor, and fu- ture peace ami safety shall indicate. And that, although the » of the necessity of BUCh a course, may not yet he so nearlj : oral and unanimous in Louisiana as in some other States, he was <»f the opinion that the conclusion was hourly gaining ground, that tlnre was no hope of justice or safety to US, exoepl in a s. Hi HISTORY AND DEBATES OF paration, and thai the State of Louisiana would not hesitate to cooperate with those Southern States who might prove equal to the emergency of decided action. The State of Louisiana, from the &d that the Mississippi Lliver flows through its extent, and debouches through her borders, and that the great commercial depot Of that river and its tributaries is the city of New Orleans, occupies a position somewhat more complicated than any other of the Southern Stairs, and may pre- sent some cause of delay in the consummation and execution of the purpose of a separation from the North-Western States, and the adoption of anew political status. In consideration of these facts, more time may be required for reflection than might otherwise appear necessary : and as the Con- vention does not assemble for some weeks, that may prevent ac- tion on the question until some time in February. As a point of policy it might be advisable for the State of Alabama to an- nounce her intention, as a foregone conclusion — a fixed fact — that on a day appointed, our relations as a member of the political as- sociation known as the United States, had ceased ; and that Ala- bama, acting as a sovereign for herself, in the Act of Separation. was prepared to form such political relations, with States having a community of interest and sympathies, as to them may seem just and proper. I feel assured, that by such a course of respectful delay on our l»art, other States would more promptly respond to whatever ac- tion Alabama may take, and that there is little or no doubt but that Louisiana will cooperate with the States taking action, and 80 add dignity and importance to the movement — which is so es- sential to secure the respect and recognition of foreign nations^ and the support of hesitating States. Should it in' considered advisable by your Excellency, to com- municate further with the authorities of the State of Louisiana. after her Convention shall have assembled, I will he in Mobile, and can receive readily, by mail, or telegraph, any instructions you may deem it advisable to make; and 1 will, without dcla\ . endeavor to discharge them. Trusting that the time has conn-. when not only Alabama, but the entire South, will prove pre- pared to vindicate her holier by a tearless assertion of her rights, and her determination to enjoy them. Most respectfully, your obedient servant, etc.. JOHN A. WINSTON. T>> His Excellency .1. 11. Moore. THE CONVENTION OF ALABAMA. 415 REPORT OF Till: HON. L. P. WALKER, COMMISSIONER TO tennessee. Montgomery, [ January lo\ 1801 . ) To His Excellency A. 11. Moon .■ Sir: r>v authority of your Excellency's commission,] proceed- ed to Nashville. Tennessee, whore, on the 9th inst., I addressed, by invitation, both branches of the Legislature of that State. 1 beg to report, as the result of my mission, that there is, in my opinion, no doubt that Tennessee will unite with the Gulf States in forming a Southern Confederacy. The right or wrong of se- ( session is not the question submitted for their determination. — That may very well be pre-termitted in that State. The Union is dissolved without their action, and the practical question for them to decide is, shall they go with the North or with the South? And ill deciding this question the result is obvious. There is a geographical necessity that Tennessee shall unite with the South. Her trade, like the waters of her beautiful rivers, flows south- ward, and being homogeneous in opinion, in character, and in civ- ilization, her natural sympathies are stimulated by her commer- cial necessities, and make her drift quietly and surely into the union of the Southern States. I consider this result as absolutely certain. I cannot close this communication without acknowledging, in behalf of m\ State, the marked and cordial courtesy with which I was received by all parties in Tennessee. With sentiments of high consideration and regard, I am. very truly. Your friend, L. P. WALKER. REPORT OF Till: HON. E. C. BTTLLOCH, COMMISSIONER TO FLORIDA. Montgomery, A.la., January L5, 1861. To //.'.- Excellency Andrew />'. Moore, Governor of Alabama'. Si,- — Under the authority of the Commission conferred by your Excellency, and iii discharge of the duties imposed by it. I reached Tallahassee on the :;i day of January, at which place 416 HISTORY AM) DEBATI6 OK and time the Convention of the State of Florida assembled. '1 hat Body, without having effected a permanent organization, after a very brief session adjourned until Saturday, the 5th instant, the intervening Friday having been observed as a daj of fasting and er. On Saturday. I lis Excellency Gov. Perry, to whom mj oredentlals had been previously presented, communicated the fact of my presence, as Commissioner froin Alabama, to the Conven- tion. On Monday, the 7th inst., 1 was, together with the Com- missioner from South Carolina,. Hon. I-. \\ . Spratt, formally in- troduced to the Convention, by a Committee appointed for the purpose, and had the honor bo set forth, in an address before that Body, the views entertained by the State of Alabama, as since indicated by the action of her < Jonvention, as to the best mode ot protecting the rights, interests ami bonor of the slave-holding 3, urging the promptest action, as, under the circumstances, the truest wisdom, and as furnishing the best hone of a peaceful solution of our difficulties. The friendly voice of Alabama, how- ever feebly uttered, was heard with the most respectful attention. and the opinions expressed seemed to meet the hearty counten- ance of a large proportion of the Convention. On the evening of Monday, a resolution, affirming the right and necessity of speedy secession, which had been introduced pn Saturday, was adopted by a vote of Sixty-Two to Five; and a Committee was appointed to prepare the Ordinance of Secession. which was reported on Wednesday, the 9th inst. Several amend- ments, intended to delay any action until after the secession of Georgia and Alabama should be first accomplished, or until the Ordinance of Secession should be ratified by a Vote of the peo- ple of Florida, were proposed, bul they were all lost l>\ decisive votes. On Thursday, the KMh inst.. several gentlemen of the minority, who had warml) supported these amendments, and at- tached very great importance to them, avowed their purpose, not- withstanding their failure, to record their votes in favor of the Ordinance of Secession' — thus riobly sacrificing their personal views upon the altar of their country. And at Twenty Minutes past Twelve o'clock, <>n that day, I had the extreme gratification to witness its passage, by a vote of Sixty-two to Seven — every mem- ber of the Convention having been present. 1 have appended to this Report a copy of the Ordinance, as adopted. It is due to the minority to state, that no voice in i he ( 'onven- mil was raised in favor of submission to Black Republican rule, and that their whole aim seemed to be to make the secession of Florida follow, instead of preceding, that of Alabama and Geor- gia. If there was a man in Florida, who, with these two States THE CONVENTION OK ALAHAMA. 417 out of the I nioii. desired hei to remain in it, hia opinions cer- tainly found no organ in the Convention. The main facta herein stated, in respect to the action of the State of Florida, were immediately communicated to your Ex- cellency, by telegraph, in order that tho\ might at once he made known to the ( invention. It only remains to add, that the warmth and cordiality with which I was greeted by the Governor, the Convention of Florida, and the people whom thej represented, as the Commissioner of Alabama, afforded the most, gratifying proof that the strong ties of a common cause, a common danger and a common destiny. were deeplj felt and appreciated, and the best reasons for hoping that the two States, divided by but a single day in their exodus from a Union of "irrepressible conflict,"- will soon lie closely joined in that new Union of brotherly love, in which a homoge- neous people, taking their destiny into their own hands, shall ex- hibit to the world the noblest phase of Free Government, and the highest development of true civilization. With great respect, I have the honor to be Your Excellency's obedient servant, F. C. BULLOCU. ORDINANCE OF SECESSION. Wc, the people of the State of Florida, in Convention assembled, do solemnly declare, publish and declare; That the State of Florida hereby withdraws herself from the Confederacy of States existing under the name of the United States of America, and from the existing Government of the Baid States; and that all political connection between her and the Government of said States ought to he, and the same is hereby totally annulled, and said Union of States dissolved ; and tin State of Horida is hereby declared a Sovereign and Independent Nation ; and that all Ordinances heretofore adopted, in so far as they create or recognize said Union, are rescinded ; and all laws. or parts of laws in force in this State, in so far as they recopnized or assented to said Union, be and they are hereby repealed. 418 Ili-IOKV AND DEBATES OF REPORT OF THE BON. E. W. PETTUS, COMMISSIONER TO Mlfr. SISSIPPI. Montgomery, January ~l. 1861. His Excellency . I. /'>. Moon i Sin*: The rapidity with which information is now communica ted from place to place, and the almost hourly occurrence of most importani events, render the recitals of this communicatii mere repetition of facts already familiar to the public mind : though the events herein recited, concern the recent dissolutio a great Government, they have already lost much of their ab- sorbing interest because of the rapid succession of other great p »• litical changes of a i 'e recent date. The Convention of the people of the State of Mississippi as- sembled at the city of Jackson on the seventh day of the present month; and the Hon. William S. Berry, of Columbus, was i I ed President! Then, after other officers were chosen, the Conven- tion proceeded bq the consideration of the greal question which they had been empowered to decide. The object of my mission was made known to his Excellency J. J. I'ettns. the Governor of that State, in a formal note, and was by him communicated to the Convention. And, as Com- missioner from this State. 1 was invited to. and accepted a seat in the ( 'on vent ion ; and during my stay at the Capitol of Mississippi, I witnessed the proceedings ol the Convention, in its secret as well as its public sessions. The Convention was composed <>f ninety-nine delegates, inclu- ding man\ of the most distinguished men of the State, and its deliberations were conducted with the order, dignity and solem- nity fitting the deliberations of a sovereign people changing their form oi' < io\ ernment. There was a Large majority of delegates who favored the im- mediate dissolution of the political connection between that State and the Government of the United States, and a respectable mi- nority was opposed to the separate action of the State; but no delegate favored the continuance of the Union longer than was necessary to obtain the sanction of the Southern States. The debates arising from these differences of opinion among the del- egates, were conducted with great courtesy and forbearance. On the one side, the majority did not resort to the parliamentary rules sometimes used to stille debate; and on the other, the mi- nority opposed no factious opposition to the will of the majority. No Witter personalities marred the harmony of that body, assem- bled BOt to honor or to punish individuals, but to direct the des- THE CONVENTION OF ALABAMA. 41J< tiny of the Stale, and to save its people from wrongs and dis- honor. On Wednesday, the ninth day of this month, a Committer appointed for that purpose, report,. .1 an Ordinance declaring the State <>t' Mississippi to be separated from the other States of tin Union, and also giving the consent of the people of that State to the formation of a Confederacy, on the basis of the present Constitution, With SUr.h States as had then, or might thereafter secede from the then Federal Union. Various amendments were proposed and rejected ; and about 5 o'clock in the evening, the Ordinance Mas passed by a voted eighty-four to fourteen. During the call of the roll, several of the delegates made remarks, explaining their votes, and though some of these remarks were most eloquent and patriotic, and were listened to by a largo concourse of spectators, there was no symptom of applause, or other disorder, to disturb the solemnity of the scene. When the President announced the passage of the Ordinance, prayer was offered in the most fervent and impressiv. manner to the great Ruler of Nations, for the peace, protection and prosperity of the new Republic. It was a scene of moral grandeur — the doing of a brave deed by a gallant people, trust ing in God. On the day after the passage of the Ordinance. I was formally invited to address the Convention; hut, as the purpose, of my mission had been accomplished, and having no authority from the Convention of Alabama, to make any proposition concerning the formation of a new Government, and not even knowing what would be the action of our State, I thought it best that I should not address the Convention, and, therefore, declined the invitation The Ordinance of Secession was enrolled on parchment, and it was signed, on the 15th instant, by every delegate except two who were absent from the Convention. The people of Missis sippi are no longer divided. They are of one mind, ready t< spend their fortunes and their lives to make good that which their delegates have ordained. As the minority of the delegate! made no factious opposition, so the minority of the people ai- not inclined to make a seditious resistance to the sovereignty o< the State. Those who were opposed to changing the form of Government are now. with a patriotism worthy of all honor. d< termined to conquer or die in defence of the rights and BOvei eignty of their State. I left Jackson on the 18th inat., after having informed the Gov- ernor and the Convention of my intention tO d 1 have the honor to be, with great respect, win- olTt ser\"\ EDMUND W. PETTUS. 120 HISTORY AND DEBATES OK Cahaba, Dec. 12, 18(»o. His Excellency Andrew />. Moore: Sir: Without waiting to make a forma] report of my mission t » the State of Mississippi, I write now to give your Excellency such information as 1 have in reference to the condition of thai State. In my last communication I informed you particularly .as Co the acts of the called session of the Legislature of Mississippi, anwn means of defense, when connected with the presenl I nion, i ifl not to be supposed that she could rely t*<>r protection on an alliance with the Gulf States alone: and having grown self- reliant amid adversity, and continued so as a member of the Union, it will be but natural that her people, feeling thai the) must look to themselves, while sympathizing equally with those States whose institutions are similar to their own, will prefer a separate nationality, to even an equal position in a Confederacy utrnioh may be broken and destroyed, at any moment, by the ca- 42S HISTORY AMi DEBATES 0* or dissatisfaction of one of its membi rs. T< xas baa v of expansion no1 com i t<» many of her sister States. Although an Empire within herself, she feels that there is an empire be- yond, essential tp her security. She will not be content to h the path of her destiny clogged. The Bame spirit of enter] which founded a Republic here, will oarrj her institutions South- ward and Westward. Having, when but a handful of freemen, withstood the power of that nation, and wrung from it her inde- pendence! she has no fear of Abolition power while in the Union; and should it be the resolve of her people to stand by the Consti- tution, and maintain, in the Union, those rights guaranteed to them, she will even be proof against the *• utter ruin and igno- miny " depicted in your communication. A people determined to maintain their rights, can neither 1m- ruined or degraded ; and if Texas takes upon herself the holy task of sustaining the 1 stitution, even in the midst of its enemies, history will accord her equal praise with those who sought onlj their own safety, and left the temple of liberty in their possession. VV< r • I lefl to believe that Alabama is disposed to second the efforts made to secure the cooperation of the South in demanding redress for our grievances, or that her course would in the I depend upon that of Texas. I would suggest such views as sincere and earnest reflection have induced. But as you express the opinion thai Alabama will, through her Convention, without wait- ing to know the sentiments of the people of Texas, act for her- self, there can he no reasc.u why I should press them upon your attention, or is it a matter of importance whether they reflect the popular sentiment of the State, op not'; thej would he alike un- availing. Nor will I enter into a discus-';,, n a s I,, how far the idea of the adoption of the ( nustitution of tin' United States will be acceptable to the people of the States forming a Southern Con- federacy. That Constitution was a compromise of conflicting in- terests. It was framed so as to protect the slave-holding States against the encroachments ,,f the QOU-slave-holdillg. The states. men of the South secured a representation for three-fifths of our e property. Whether this, and other provisions of that, in- strument will he deemed applicaUe t,, States which have no con- flicting interests, so far as slavery is c serned, is not. for me to sa\ ; Imt I cannot refrain from expressing the opinion, that if the proud and gallant people of Alabama are willing to "still cover themselves and their 1 posterity under the folds of the old Consti- tution of the United States, in its purity and truth," the rights of Texas will he secure in the present Union, so long as that Consti- tution is preserved and controls the administration of the Gov- THE CONVENTION OF ALABAMA. eminent ; and although the administration of the Government by a sectional, hostile majority," will be distasteful to the feelings of Texas, if she can. by fair and Constitutional means, induce that majority to yield obedience to the Constitution, and administer the Government in accordance with it. tin- triumph will be hers, and we will escape the miseries of civil war. and secure to us, and t<> our posterity, all the blessings of Liberty, which, by the power of Union, made us the greatest nation on earth. Recognizing, as I do, the fact that the sectional tendencies of the Black Republican party call for determined Constitutional re* sistanCQ, at the hands of the United South, 1 also feel that the million and a-half of noble-hearted, conservative men. who have stood by the South, even to (his hour, deserve some sympathy and support. Although we have lost the day. we have to reeol- i hat our conservative Northern friends cast over a quarter of a million more votes against the Black Republicans than we of the entire South. 1 cannot declare myself ready to desert them, as well as our Southern brethren 0/ the border (and such, 1 be- lieve, will he the sentiment of Texas), until at least one firm at- tempt has been made to preserve our .Constitutional rights within the Union. In conclusion, allow me to say. that whatever may he the fu- ture of the people of Alabama, my hopes and ardent prayers for prosperity will attend them. When I remember their progress, and tile evidences they have had of the blessings of i'yr govern- ment. I join you in the belief that they "will not act with rash- ness, or thoughtlessness, but with mature and deliberate consid- eration." Forty-seven years ago. to prevent the massacre of her • •itizens.it was upon her soil that I gave the first proofs of my manhood in devotion to the Union. The flag thai I followed then was the same stars and stripes which the sons of Alabama have aided to plant on many a victorious field. Since then Alabama has risen from an almost wilderness region, under the fostering • •are of the Federal Government! and the power embraced in Union, to a great, wealthy and prosperous people, and obtained a ion, which, without Union with the other States, she could not have achieved for ages, if ever. R ive tbr yourself and the people of Alabama, whoi credited Commissioner you are, the assurances ofmj esteem and consideration. [ have the honor to he voui • I't serv't, SAM ll"l STON. 430 IIISTOKY AND DKHATKS Of REPORT OF HON. n. H. SMITH, AND HON. [SHAM W. QARROTT, COMMISSIONERS TO NORTH CAROLINA. Tn His Excellency Andrew I!. Sfoore, Governor of the State of Alabama: Sir — We have the honor to report to yonr Excellency that. under tin 1 Commission with which von honored us. wc proceeded to Raleigh, North Carolina, and placed our Commission in tin- hands of His Excellency the Orovernor of thai State who promptly communicated if t<> the General Assembly, thru in ses- sion. We were cordially welcomed to the State, and made its guests. The Governor heartilj sympathises with the cause in which we arc engaged, and the remedy proposed. The two houses of the General Assembly, through their Committee, ten- dered us the welcome of the State, and invited us to address them, in the Hall of the House df Representatives, on the subject of our mission, at such time as might meet our wishes. On the twentieth day of this month, the time designated by us. in res ponse to the invitation of the Committee, we met the Senate and the House, and read to them the paper, of which wc herewith fur- nish you a copy. We believe the tone and sentiment of the pa- per met with approbation. < )n the night of that day. we each. by invitation, delivered oral addresses to a large assembly, con- vened in tin 1 Hall of the House of Representatives, in which we set forth, at some length,. the grievances of the South, and justi- fied our resistance. We also attempted to show that the cause svas that of North Carolina as much as it was that of Alabama. Our Commission be)ng to the Governor and the member* <>f the Assembly, we, of course, could neither invite nor expect a response from the Legislature as a Representative Body: but we formed a general acquaintance with the members, and embraced svery suitable opportunity of representing to them the views and purposes of our people, and urged the propriety and importance of action by North Carolina, in conformity with that proposed and being taken by Alabama. Wo found a large number of the members, probably a majority, heartily corresponding with our views, and earnestly devoting themselves to the furtherance and establishment of them. We. however, found party lines closeh drawn on the old issues, and that this condition of things inter- posed a great impediment to harmony of feeling in respect to the present movement. It was understood that the people of the Stat'- were holding primary meetings in the several counties, and that the sentiment reflected by them indicated opinions in advance of the Legislature. THE CONVENTION OF ALABAMA. 43] The question of calling a Convention was pending before the General Assembly, and it was believed would certainly command a majority, and probably a two-thirds vote, which, by many, was supposed necessary, under the provisions of their Constitution. In the view of this being regarded as a doubtful question, ami of the approach of the Christmas holidays, ami of the fact that the question was supposed to have received a great impetus among the people since the election of members, and even since the General Assembly convened) action upon the proposition to call a Convention was deferred until after the recess, which the Gen- eral Assembly has now taken. We found the indications of ap- proval and sympathy with us so strong, as to leave us in no doubt but North Carolina will make the cause of the South her cause, and to convince us that the period is near at hand when she will be acting in full fellowship with us. We, however, found her slower than Alabama, for action, and some regret existing that no preliminary joint-consultation and action had been proposed 1>\ her sister Southern Slates. We also found a strong apprehension that we of the cotton States would endeavor to reopen the African slave trade, to which the people of North Carolina seem unalterably opposed. You will observe the assurances we have given them on this point, in our address, and we need not say that the sentiments we have ex- pressed for our people, meet our undivided approval. Your Excellency will also observe the assurances we gave then: that the movement in Alabama, was not one of resistance to law and order, but, on the contrary, had for its object the preservation of both, and the protection of our present Constitutional rights. We found a few leading members of the General Assembly thinking of a middle Confederacy, which idea had. we believe, its origin in the apprehensions above alluded to: but in our opin- ion the project has little foothold in North Carolina; and we en tertafn no doubt but she will unite with us in resistance, and in the formation of a new Government, especially if we show, as we trust we shall, that our action is to be characterized b\ the maintainance of a well-regulated Constitutional Government. The courtesies and -_ r rat illations extended to us. impressed us with the conviction that North Carolina received our mission in the true spirit of fraternal kindness, and we hope it tended to &jd the cause, not only by quickening the sympathies of the people towards us, but by relieving them of die fears which we have said were prevailing in respect to our purposes. We have the honor to be your Excellency's obd't Berv'ts, I.' W. <: IRROTT, [kcember2», I860 ROBT II. SMITH. 132 HISTORV AND DBBATKS 01 T<> His Excellency the Governor, and to the Honorable the member^ of the General Assembly of the State of North Carolina : The General Assembly of the State of Uabams, on the 11th day of January, A. I). I860, by joint resolutions, made it the duty of His Excellency the Governor of Uabama, ui the glee tion of a President of the United States advocating the principles and action of the party in the Northern States calling itself the Republican party, to issue his writs of election for delegates to a Convention of the State, "to consider, determine and do what- ever, in the opinion of said Convention, the rights, interests and honor of the State of Alabama require to be ■lour for their pro- tection." In consequence of the results of the late Presidential election, the Governor of Alabama has issued the writs of election re- quired. The election is to be held on the twenty-fourth day of this month, and the Convention is to assemble on the seventh day of Januan next, North Carolina and Alabama have been true and loyal to the Constitution and to the Union. There is no plighted faith which each has not kept. They have stood together in fidelity to the Government, and to each of the States composing the Confeder- acy. They are bound together by a common duty, a common interest, a common danger and a common honor. North-Caro- lina has largely contributed to the population of our State, and her sons have brought along with them those principles of inte- grity, honor, obedience to law. and love of well-regulated liberty, for which she is known and admired, and which have imparted so much of worth and prosperity to the States in which her children have settled. It is therefore lit. that now. in this their hour of trial, North-Carolina and Alabama should consul! and advise to- gether; and his Excellency the governor of Alabama, has charged us with a Commission to this our native State, " to consult and ad- vise with his Excellency the Governor, and with the members of this Legislature, as to what is best to lie done to protect the rights, interests and honor of the slave-holding States, and to re- port tli.- result of such consultation." We feel complimented in accepting the imitation of this General Assembly, to appear be- fore them in discharge of the duties imposed upon us. We believe that the exhibitions of public opinion in Alabama are so marked and distinct, as to justify us in declaring that her approaching Convention will withdraw her from the Federal Union. A result so sad, and so pregnant with consequences to herself and to her sister States, requires that she should have THE CONVENTION OF ALABAMA. 483 grave and conclusive reasons for the step. Light and transient causes will not justify it ; much less should restlessness, passion or ambition influence her action. Her obligations to the other States, to the cause of Free Government, and to the civilized world forbid it. Her hopes of reconstructing, with the other States of the South, a Well-regulated Government, which shall " establish justice, insure domestic tranquility, provide for the common de- fense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity," alike forbid it. Our people consider that the Constitution of the United States is the charter of our national rights and duties, by which our fa- thers bound us to the Union, and under which, in its integrity, our people would lie content to live, and would envy none the pros- perity it brings; but they think that the past and present eon- duct, and apparently settled rule of action of the non-slave-hold- ing States, are vialative of its plain letter and spirit — ami the people of Alabama, we believe, will no longer he hound by its' obligations while deprived, of its benefits. They think the history of the country shows, that sonic of the uon-slave-holding States have, throughout our political existence. proven themselves sectional, and hostile to the rights and interest of the common country. Some of them have opposed every war in which wc have been involved, from that of 181S5, with Great Britain, to the war with Mexico; have opposed the acquisition of the rich territories we have obtained — even that which gave us the Mississippi river and the vast plains watered by it: ami yet these States, with the other non slave-holding States, have adopted and are acting on the setlled policy that we of the South shall he excluded from the Territories, obtained by the common exertions and treasures of the nation; and that to maintain this sectional policy, the Constitution of the United States, as expounded bj the grave, well and earnestly considered decision of the Supreme Court of the United States, is to be set at naught, ami the < !ourt itself, which made the decision, is to be reformed, not only for general parti/an purposes, but for the particular purpose of ob- taining a reversal of that decision. A party which announces, as a cardinal article of its creed, the degradation of the highest Court in the world, does, in the opinion of the people of Alabama, otter no rule of Government consistent with well-regulated, Constitu- tional freedom. Beyond this, is the fact that the plain letter of the Constitution, providing for the rendition of fugitive slaves, has not only been annulled by the non-slave-holding States, hut several of them have, bj their so-called "personal-liberty bills."' made, if, a highly penal offense for a master to attempt the . n- 434 IIISTOUV AND DEBATES OF tnent of the Fugitive-Slave Law of Congress. So it has come to this, that degrading punishment is the consequence of ;• citizen of the Smith going into these States, with the < >onstitu! of the United States in his hand, asking simply for the perform- ance of the guarantees therein provided. Nor are those n slave-holding States that have not passed such Kills, behind th cooperators in practically annulling the claase of the Constitutioi referred to — tor it is well known that in most, it" not all of the uon slave-holding States, the rights of the master of the slave ar» defied and set at naught, and that public opinion, aided by mobs. has as effectually overthrown the Constitution and ihe Law, Chough neither had any existence. Were this state of things th< result of gome sudden gleam df passion, the people of Alabama might hope that a returning sense of justice would bring obedi- ence to duty : but, unhappily, the past and present prove thai such a hope is illusory. The violations of their obligations to us. have been so Long continued, and so oft repeated, that the princi- ple has incorporated itself into their education and religion, until the doctrine of the law of conscience has been set up over the su- preme law of the land, and hatred to the South and her institu- tions has usurped the teachings of the Bible. The spirit of sec- tional animosity lias so "grown with their growth and strength- ened with their strength," that their matured, cultivated, and trusted statesmen have proclaimed, that the conflict between th< sections is " irrepressible," and their people have, in the hit'. Presidential election, responded affirmatively to the announce' tnent. The election of a President of the Onited States, of any opin- ion, however heretical, and however much calculated to disturl the public mind, would, of itself, we think. In 1 considered by our people as of secondary importance ; hut the recent Prcsidentia election is the inaugural ion of a svstem of Government as oii- posed to the Constitution as it is to our rights and safety. It. ushers in, as a settled policy, not only the exclusion of the peoph of ihe South from the common Territories of the country, but proposes to impair the value of slave property in the States bj unfriendly legislation j to prevent the further spread of slavery by surrounding us with free States; to refuse admission into the Union of another slave State, and by these means to render the institution itself dangerous to us, and to compel us, as slaves in- crease, to abandon it. or he doomed to a servile war. The estab- lishment, alone of the. policy of the Republican party, that no more slave States are to lie admitted into the Union, and that slavery is to he forever prohibited in the Territories (the common THE CONVENTION OP ALABAMA. 43"> property of the United States), must, of itself, at no distant day, result in the utter ruin and degradation of most, if not all of the Gulf States. Alabama lias at least eight slaves to every square mile of her tillable soil. This population outstrips any raee oi the globe in the rapidity of its increase; and if the slaves now ii Alabama are to be restricted within her present limits, doubling as they do once in less than thirty years, the children are now bom who will he compelled to rlee from the land of their birth, and from the slaves their parents have, toiled to acquire as an in- heritance for them, or to submit to the degradation of being re dueed to an equality with them, and all its attendant horrors. Our people ami institutions must be secured the right of expan- sion, and they can never submit to a denial of that which is es- sential to their very existence. The non-slave-holding States, while declaring that we shall not expand, and that thereby we shall be crushed by our slave popu- lation, are charging upon us a design to reopen the African slave trade, and seize upon two or three ineffectual attempts, by North- ern vessels, to import Africans into Southern ports, as an evidence of the fact. The charge is a slander upon our people, and a re flection upon their intelligence. There may be, here and there, found an advocate for the measure, as there may in every coin tnunity be found individual advocates of any heresy; but our people, with almost entire unanimity, would reject the proposi- tion as offensive to their sense of propriety and averse to their interests. They feel no desire to depreciate the value of* their own property, nor to demoralize their slaves by throwing among them savages and cannibals. • They will look, as heretofore, to the redundant slave population of the more Northern of their as- sociated sister States of the South for such additions to their ne groes as their wants may require. The state of opinion and of conduct in the non-slave-hoHiug States, finds no justification or apology, in any general or special direction of Federal Legislation to their injury. On the con- trary, such legislation has been greatly to their advantage and prosperity. The benefits that have been conferred upon them in the shape of tariff laws, navigation laws, fishing bounties, laud laws, and internal improvement laws, have been important aids to their material prosperity-— • prosperity which is. in fact, to ;• great extent, the result of burdens upon the agricultural inter of the South. The apologists of the present state of public mind at the North, sometimes maintain that it finds palliation, at least, in the repeal of the Act of 1820, known as the Missouri Compromise — which, 28 ISA IIMnUV AM" I'KI : \ I .'-..•> OF 111 other words, is a complaint thai the North can uo longer keep in force ;i law which toe Supreme Court of the Unit* declared to be unconstitutional. Bui the well-remembered history ol recent events teaches u>. that it was the South which, years sinoe, endeavored, in ■ spirit of concession, to extend the line of thirty-aii degrei i thirty minutes to the Paoii ;md the North who refiiaed the omr< The pootional strife lias now been conducted with iu< rancor for more than twenty yeans, until ever) question of Gov- ornment furnishes a theme for ita discussion. The Halls of Con- m have ceased to be places for statesmen, and have degener- into annas for strife. Our people have grown tired of the controversy, aad can sea no good in prolonging the quarrel, and no way to end it in the Union. Submission would but invite new and greater aggressions, until Alabama would become a • aad degraded province. Qur- people see little hope for the ad justment, within the Union, of questions upon which the public mind of the sections has been driven bo wide apart, and discern, in tlif present temper and conduct of the Don-slavc-holdii i Ltonement for their wrongs, which could oner peace to the country. Indeed, wh,eu the plain letter of the law has been ..<> long and persistently violated, they would not rely upon an\ adjustment short of farther Constitutional guaranties. Alabama liuj.es that, among other evils which public affairs have brought, and are bringing upon her, there may it": be adde.l that of a divided South. She sets up no rule of action for her lister States, but hopes to obtain their consultation, adviee and lance; and she repeats, through us, her Commissioners, the expression of her fervid desire that North-Carolina may be \\ith her in counsel and in action, and w itb her iii attempting to up] the principles of liberty which are engrafted into the Constitution of the United States, and in the heart- of her people, and that the States of the South ma} be enabled to snatch that Constitu- tion, and those principles, from the desecrating touch of fanatical "higher law." I. \V. CAKKO'lT. ROBT II. SMITH. UEBOE1 OF THE HON. DAVID CLOPTON, COMMISSIONER TO DKLAWAKi: \V lbhinotoNj I>. C., January 8, 1860. Sir: — In discharge of the. duties imposed by your appointment of Commissioner from the State of Alabama to the State of Dels- THE CONVENTION OK ALABAMA. 437 ware, I prepared and delivered, in person, to his Excellency, William Durton, a communication in writing, which I requested should also be submitted to the Legislature, then in session, and a copy of which I herewith transmit to you. The health of my family prevented me from spending as much time with the Governor and Legislature, as it was my wish and intention to have done. No reply to my communication has been received. I was assured that the State of Alabama had the sympathy of many of the citizens of Delaware in this trying emergency ; although the members of the Legislature, not having becu elected in view of the present crisis, would not, probably, give expression, by a majority vote, to this sympathy. From the best information which I received, I have no hesitation in assuring your Excellency, that whilst the people of Delaware are averse to a dissolution of the Union, and favor a Convention of the Southern States — perhaps, of all the States — to adjust and compromise, if possible, existing difficulties, yet, in the event of dissolution, however accomplished, a large majority of the people of Delaware will defend the South. \n effort will be made to procure the call of a Convention by the Legislature, which it is hoped will be successful ; and then the people of Delaware can decide their own course according to their own conceptions of the requirements of honor, safety ami right. It gives me pleasure to report to your Excellency, my cordial reception by the officers of the Executive Department of the State of Delaware, and my very agreeable intercourse with them and many of the Members of the Legislature. I have the honor to renin in Very truly yours, DAVID CLOPTON. His Excellency A. B. Mooni;, Montgomery, Ala. HON". DAVID CLOPTON TO Tin: GOVERNOB OP DELAWARE. DOVER, Delaware, January 1st, l v ' ; l SiR: — I have the honor to transmit to you the accompanying p*. I eis, including a commission from the (Governor of the .State oJ Ala- bama, appointing the undersigned commissioner to the boy< l State of Delaware, " to advise and consult with his Excellency I - ernor William Barton, and the members of the Legislature or State Convention, as the MM may be, of said State, U to what i> beet to be done to protect the rights, interests and honor of the ilav< hold- ing States." With a due appreciation of the delicacy and respon- 488 HISTORY ANH HK1UTKS OF bibilitv of the (rust confided, and from in earnest desire to dis- ohargS its duties in tin' maimer most conducive to I lie hurniniiv and cooperation M I minently proper in prSSSQl omergenoios, I addn in your Excellency this eomniiinication, and request that it be submitted to your Legislature. Tbe oeoesaitj of such consultation, ami of the nj-jn r wherever el.--' tin jurisdiction of the Government extends ; and tint they are willing to surrender all the ontpOSSS, and leave the eitedel unguarded, lia- ble to, first, covert, then open attack-. Notwithstanding thii mho- rance, common sense and experience, our knowledge at* human nature and all history teach that, believing slavery to he .1 incr.il 440 HI8TOKT AND DEDATE8 OF and political evil, a wrong to the Government, and that these States cannot exist half free and halt' slave, Mr. Lincoln willexert all his powers, influence, and patronage "to place it where tin publie mind shall rest in the belief that it is in the otorse of ulti- mate extinction." Prom these principles and this avowed policy the following pro- positions may he correctly deduced: The success of " republicanism" ignores th" sovereignty and disregards the riphts of the States, by disallowing the concurrent majorities established by the Constitution and perverting the pow- ers of the Federal Government to the redressing of what it may consider to be a wrong in the social, domestic, or local institutions and regulations of any of the States ; and by converting that which was intended to be a Federal Republic into a consolidated, cen- tralized power — a despotism of numbers. Its success destroys the equality of the States, by a denial of common and equal rights in the common Territories ; by the effec- tual exclusion of any representative voice, on behalf of the slave- holding States, in the management of a co-ordinate department of the Government, and by the declared intent to administer that department in a manner hostile to their peace, safety and pros- perity. Its success subverts and defeats the ends of the Constitution. Instead of forming a more perfect Union, it has dissolved the Union, by compelling the secession of one of its members and the anticipated secession of others; instead of establishing justice, it denies justice to fifteen of the States, by refusing to admit any more slave States into the Union, and by the enactment of laws to prevent the rendition of fugitive slaves; it endangers, instead of insuring, domestic tranquility, by the possession of the channels through which to circulate insurrectionary documents and dissem- inate insurrectionary sentiments among a hitherto conteuted servile population ; it neglects, instead of providing for, the common de- fence, by permitting, within the limits of some of the States, the organization of plans for the armed invasion of others, and by refu- sing to surrender the criminals when fugitives from justice; it disregards and impairs, instead of promoting, the general welfare, by compassing the destruction of an inestimable amount of prop- erty with all its direful consequences; it will rob us of, instead of securing to ourselves and our posterity, the blessings of liberty, by the extinction of a great domestic and social institution, by the overthrow of self-government, and the establishment of an equality of races in our midst. Its success overthrows the fundamental principles of the Revo- THE CONVENTION OF ALABAMA. 441 lution, by denying the freedom of property. This freedom of pro- perty is the eorner-stone of social happiness. As has been said, " the rights to life, liberty, and property, are so intimately blended together that neither can be lost in a state of society without all; or, at least, neither can be impaired without wounding the others." To maintain the value of property and realize its fullest advantages, there must be guaranteed permanency, security, and protection. " Republicanism" proposes to place the right to property in slaves under the ban of a consolidated, centralized General Government, and threatens to employ all its powers and resources to the con- summation of the single purpose of destroying this single species property. When this shall be done, the right to " life, liberty, and the pursuit of happiness" must be involved in common ruin, for the admission of sovereignty in a government admits the uni- versal claim of governmental sovereignty to despotic power over all these, whether it is, in form, a monarchy, a democracy, or a re- public. From these considerations, your Excellency must concur in the opinion, expressed by the Governor of the State of Alabama, that " the success of said party, and the power which it now has, and will soon acquire, greatly endanger the peace, interests, security and honor of the slaveholding States, and make it necessary that prompt and efficient measures should be adopted to avoid the evils which must result from a republican administration of the Federal Government." You can not be surprised that, in the opinion of the opinion of the people of Alabama, the time has arrived when imperious necessity and self-preservation require them to exercise their right to abolish the present Government and institute a new one, " laying its foundation in such principles and organizing its powers in such form as to them shall seem most likely to effect their safety and happiness. I am impressed with a sense of this necessity, and contemplating the possible success of this party, the General Assembly of Ala- bama, at the session of 1859-60, adopted joint resolutions by which it was made the duty of the Governor, upon the election of its candidates for the Presidency and Vice Presidency, to call a Convention of the people, '-to consider, determine, and do what- ever, in the opinion of said convention, the rights, interests, and honor of the State of Alabama repine to be done for their protec- tion.'" Tin Governor, by authority of said joint resolutions, and with the full concurn moe of his own opinion, did, on the Gth day of this month, issue a proclamation, calling said Convention i si uible on the 7th day of January next, Commissioned to advise and consult with your Excellency, it would be improper to declare. 442 HIsloKY AND DBBATE8 OF at this time, and in this communication, what, in my opinion, will be the action of that Convention. 1 will .simply suggest that the hope of obtaining new ami suffi- cient guarantees, by way of constitutional amendments or other- wise, has abandoned the hearts of all, even tin- moat moderate Southern men. The expressions of republican presses, and the representative men in and out of Congn Be, the futile efforts of the Senate and House ( 'ommittces, and the persistent silence of Mr. Lincoln, have extinguished the last ray of such hope. Hut, even if new guarantees could be obtained, they can bring no sense of security to the Southern mind; they would prove ;i t< -mporary and delusive truce — a broken reed to pierce lo-natter. The slav< hold- ing States have never complained of the insufficiency of the Con- stitution, or of the want of additional and further guarantees. They have asked no more than the faithful observance of those which are contained in the present Constitution. New guarantees will be utterly valueless without an entire revolution in the public temper, prejudices, opinions, sentiments, and education of the peo- ple of the non-slaveholding States. Laws passed in compliance with such new guarantees for the security and protection of pro- perty in slaves will avail nothing where their execution depends upon the Republican appointees of a Republican President Speaking from what I am assured is the determination of the people of the State of Alabama, and from what 1 know to be the opinion of her Governor, they do pot propose to violate any section or clause of the Constitution in this movement. Whilst Alabama continues a member of the Union the people and chief Executive intend, as it is their proud boast to have ever done, to regard and observe that instrument as a sacred compact Heme the State of Alabama, being in the I'nion and prohibited by the 3rd clause of the 10th section of the 1st article of the Constitution, does not propose co-operation in the sense of entering into any agreement or compact with another State or States to abolish the Federal Government, or to secede from the Union. After the State has seceded by separate State action, this prohibition of the Constitu- tion no longer restrains or operates unon the sovereign right "to contract alliances, and do all the other acts and things which inde- pendent States may of right do." This sufficiently answers the objection, so constantly urged, that several of the cotton States are determined to precipitate the act of secession, and disregard the situation and interests of their sister slaveholding States by refus- ing to meet them in convention. The people of Alabama recog- nize the right of the people of each other State to decide upon any infraction of their rights by the Federal Government, and to determine the mode and measure of redress. THE CONVENTION OF ALABAMA. 443 The people of Alabama, however, also understand, and will observe, the comity which should exist between sovereign States, and especially between the slaveholding States. They fully appre- ciate the position and condition of the border slaveholding States, and are willing and ready to engage with them in a defence of common rights and safety. Identity of interest is a bond of sym- pathy. Similar dangers suggest the propriety of similar and simultaneous action, as far as practicable. The withdrawal of all the slaveholding States, and the organization of a Southern Con- federacy, would possess a moral, political, and physical power which no government would dare to oppose. Yet the people of Alabama will not assume or pretend to dictate to the intelligent, brave, and patriotic people of the State of Delaware what course their safety, interests, and honor require them to adopt, believing that they are competent and have the right to decide by and for themselves. They ask only to advise and consult together. To secure such consultation, in order to be informed of the views and opinions of the citizens of other States, and to show a due respect for these views and opinions, at the same time avoiding any semblance of a violation of the Constitution, the Governor of Ala- bama has appointed a commissioner to each of the tlavehelding States. It will be my pleasure to advise and consult with your Excellency and the membess of the Legislature, so far as may be agreeable and practicable, and to communicate the views and pur- poses of your Excellency, and the sentiments and desires of the people of Delaware, to the Governor of the State of Alabama by the time of the meeting of the State Convention. I have the honor to be, very respectfully, sir, DAVID CLOPTON. HE- PORT OF HON. DAVID IH 15I3ARD, COMMISSIONER TO AR KAN- KiNi.'M'ii, Alabama. / 8d January, I860, f or Andrew B, M M , Dear Sir — On receipl of tout letter and appointment as Commis from Alabama t<» Art an tan, I repaired at once to Little Rook, ami presented my credentials to the two Houses, and also roar letter to (Jot. Rector, by all of whoa I was politely recerved. The Governor of Arkansas was every sray disposed to further 1 1 I HISTORY ASH DKRATKS our views, and m were many leading and influential member* each House of the Legislature, but neither are yet ready fbra? tion, beeauae they fear the people hare not yet made op their minds !«> go out. The counties bordering on the Indian Nations. ks, Cherokeea, Choctawsand Chicaaaws, would hesitate great ly to vote lor s ecess ion, and leave those Tribes still under the In nuenee of the Governmental Washington, from which they re oaive such large st ijnii. l-s and annuities. Tl). Be Indiana are at a spot very important, in my opinion, in this great Beotronal eoM troversy. ami must be assured that the South will do M N*fl as the North, befere they ootid he induced to change their alliances and dependence. I have much on this subject to say when I get to Montgomery, Which cannot well he written. The two Houses passed Resolutions inviting me to meet them in the Representative Hall, and consult together as to what had best !»<■ done in this matter. When 1 appeared, men wen' auv ions to know what the seceding Slates intended to do in certain contingencies. My appointment gars me no authority \<> speak as to what any State would do, hut I spoke treely of what, in m\ opinion, we ought to do. I took the ground, that no State which hail seceded would ever go hack, without full power being given to protect themselves by vote against anti-slavery projects and schemes of every kind. 1 took the position, that the North- '/■a pt&ple were hours/, and did tear the Divine displeasure, both in this world and the world to come, hy reason ot" what they con sidered the national sin of slavery; and that all who agreed with me in a belief of their sincerity, must fr66 that WS could not remain quietly in the same Government with them. Secondly, if the} were dishonest hypocrites, and only lied to impose on others and make them hate us, and used anti-slaver\ arguments as mere pretexts for the purpose of uniting Northern sentiment against us. with a \ icw to obtain political [lower and sectional dominion, in that event we ought fiot to live with them. I desired any Unionist present to controvert either of these posi tions, which Beamed to cover the whole ground. No one attempt- ed either, and I said hut little more. I am satisfied, from free conversations with members of ail paities, and with Gov, Elector, that Arkansas, when compelled to Choose, will side with the Southern States, hut at present a in;: jorit\ would vote the Union ticket. Public sentiment is but being formed, but must take that direction. 1 have the. honor to be truly, &C, DAVID HUBBARD. THE CONVENTION OF ALABAMA. 445 ADDRESS TO THE PEOPLE OF ALABAMA. The undersigned, delegates to the Convention of the people of the State of Alabama, feel it their duty to themselves, to their constituents, and to the people of the State at large, to make public the reasons that actuate them in withholding their signa- tures from the Ordinance of Secession by which the people Of Manama resumed, on the 11th day of January, 1861, the powers previously delegated to and exercised by t he Federal Govern- ment. This duty is the more imperative, as designing persons have misrepresented, and will continue to misconstrue, their re- fusal to participate in a mere form of attestation, into opposition and hostility to a solemn act of the State. This act is binding on all citizens alike, and none, are more ready than the under- signed, to yield a cheerful obedience to the will of their State, to which tiny owe their first and paramount allegiance, and none will be more faithful in upholding and sustaining at any price, and at any sacrifice, her interest and her honor, in the attitude she has assumed by this act. If. therefore, the enemies of the State derive comfort from the refusal of the undersigned to sign the Ordinance, the fault will lie with those who misrepresent their motives or impugn their patriotism and loyalty to their State. The Ordinance derives no additional validity from the signa- tures of the individual delegates composing the Convention. The affixing these signatures Is a mere form of attestation, and might be, and most likely Would be, regarded as a voluntary abandonment and retraction of those principles and views oi public policy, advocated by the undersigned befbre the people. and which caused them to oppose the passage Of the Ordinance of Secession, [in its present form.] While the undersigned can- not consent to have even the appearance of modifying or relin- ouishing these views and principles, they do sincerely disclaim all intention to perpetuate the bitterness and animosities o( for- mer party divisions, or to encourage new divisions between those who favored and those who opposed Separate Stale action, and fchej solemnly pledge themselves to a faithful and zealous smp port of the State in all the oonsdquencei that may result from the < >rdinance of Secession. These principles and views Of public policy, to whi'li they stood pledged to their constituents, and which have governed their action in Convention, are so well known as to require only a brief enumeration. MB HNIl AM) DK1IATES OF Burst. Tin' great fundamental principle that all representative bodies, exercising a high and responsible public trust, should sul>- mit their acts »r the approval or condemnation of those by whom ilir trust «;b confided; especially when in the discharge tch trust, is involved a radi -al change in the existing Govern- nifiit. affecting alike the highest and the lowest in the land, ami upon which depends the welfare and happiness pf not only this generation, but that of the remotest posterity, demanded that the Ordinance of Secession Bhould have 1 n submitted to the people "i' the state for their ratification or rejection at the ballot box. This principle is the fdundatioa <>t' the whole theory of pop- ular government, and is the only safeguard to the abuses of trust and the usurpations of pew ar. Secondly. Not only comity, but the interest of all concerned, and of none more than Alabama, dictated the polio) of veapeal fully consulting with all the States whose identity of interest makes their ultimate destiny inseparable from aura, and who are affected almost as much as ourselves bj any action on our cart. of devising with them, or at least suofa of them as would join us in a plan of harmonious and simultaneous action, thus presenting in all our dealings with the Federal (Government, foreign nations or hostile States, a united strength, a moral power and a national dignity, which no single State could hope to present : of estab- lishing a new Confederacy of all the States engaged in a common cause, before finally severing all connection with the Federal Gov- ernment, and thus avoiding to the individual States the l.urdeiis and dangers of an independent and separate national exiatenoe, placing the formation of a new Confederacy beyond the risks and hazards to which it would l>e subjected by the conflicting interests and views of disunited States, each acting for itself, without con- cert one with another, and leaving no interregnum during which men's minds could he unsettled, and all material interests jeop- arded by tin; uncertainties of the future. These views of policy the undersigned arc convinced are the only ones consonant with prudence and a wise discretion, and the only ones that can had to a peaceful ami successful termination of present difficulties. It is not yet too late to apply them, at least in part, to the man- agement of public all'airs. ami as we see with pleasure the cheer- ing indications of their heing more generally recognised and adopted than during the first efferv esenoe of popular excitement, at the accumulated wrongs and insults of hostile and sectional factions, culminating in the election of a sectional President* It will not he necessary to add, in conclusion, that in refusing to sign the Ordinance of Secession, the undersigned arc actuated THE CONVENTION OF ALABAMA. 447 by no desire to avoid the responsibilities that now attaeh, or m:iv hereafter attach, to the aet by which the State withdrew from the Federal Union. Not only will thev share these responsibilities alike with those who siim the Ordinance, but if it should appear that the public interest or expediency requires the affixing of their signatures, thev will unhesitatingly and cheerfully do so — their object being in the present statement solely to defend and maintain the principles and line of policy, the advocacy and sup- port of which was entrusted to them by their constituents, and which they believed to be of vital importance to the future peace and welfare of the State. Willi this brief exposition of our acts, and the reasons therefor, we are willing to be judged by a candid public; the truth and sin- cerity < if our declarations and motives, time alone can decide; and upon the correctness and wisdom of those, principles and views of public policy, by which we have been governed, "other men and other times'' frill render a correct verdict, R. JEMISON, Jr., ^ NICK DAVIS, WM. 0. WINSTON, THOS. J. McCLELLAN, JOHN GREENE. Sr., 'Com. JOHN POTTER, S. P. TIMBERLAKE, | S. C. POSEY, M. J. BULGER, J E. P. JONES, A. KIMBAL, B. W. WILSON, WILLIAM H. EDWARDS, LANG C. ALLEN, R. R. WOOD, JOHN A. STEELS, GEORGE FORRESTER, J. P. COM AN, HENRY M. GAY, HENRY C. SANFORD, WINSTAN STIDHAM, JOHN J. BRASHER, ARTHUR C. BEARD, W. A. WOOD, JAMKS L. SHEFFIEIj), JOHN R. COFFEY, J. N. FRANKLIN, TIMOTHY J. RUSSFLL, JONATHAN FORD, H.C.JONES, ROBERT (iUTTERY, WM. L. WHITLOCK. W. K. SMITH, WITHDRAWAL OF ALABAMA SENATORS Mi:. Pauc.an. from the Committee on Foreign Relations, made the fallow ing report : Your Committee, to whom was re fe rred certain resolutions adopted by many >>\ tfceSoutfeerO Senators and members of the I!"- MIWIT AND DKHATKS (»K [li p a s e of Representatives of tin- Congress of the 1 iia\ « ■ had the same under consideration : Thej believe tint tin- Ordinance of Secession adopted bj the i v.ii\ « iiti'.n of iln- people of Alabama, severe complt t, '-/ .-ill con- nections between the State of Alabama and tli«- Government of the United State*. That the State of Alabama is no longer «v titled to, and oughl not to, I"- represented in the Congress of t In- i nited States; tnereft>ra, that they have knttracted me to report the following Resolution : That our Senators and members of Congress of the Government of the United States, at Washington, be informed, that the State, of Alabama can rtoftms wented in the Con- • of ;li" United States, as &iu of said United States. Adopted — a" > live under i goTorannnat which we I >»-]i«-\-r will licii'rf.irili be administered by those who art only deny us justice and equality, but brand uses inferiors; whose avowed principles And policy must destroy our domestic tranquility and imperil the lives of our wives and children, ;inur altars and firesides, oar themamunts> sion of our slaves, an the world that thev will n«-t, and have proven their sincerity by seceding from the Union, and braving all the dangers si" I saps rate and independent nation among the powers of the earth. \- a true and loyal citizen of that State, approving of her action, acknowledging entire allegiance, and feeling thai I am absolved by her from all inv obligations to support the Constitution of- the United States, 1 withdraw from this body, intending to return to the bosom of my mother, and share her late and maintain her fortunes. Mk. Fn/r,\Tiu<'K. of Alabama i sfy oolleagne has announced our withdrawn] from the Senate. 1 have only to say that I eoncur in it, and endorse fully ail that ne has said. LETTER FROM SENATOR ('LA V, WITH CERTAIN RESOLUTIONS WASHINGTON City, January 7, L861. His Kxcellency A. B. MOOBBI Mv DlAB Sik: — At a caucus of Senators from the States of Georgia, Florida, Alabama, Mississippi, Arkansas, Louisiana and Texas, in which all were present hut Mr. Toottrbfl and Mr. Sebas- tian, tin enclosed resolutions were adopted; the first and second with hut one dissentient, and the third with but four. Members of the House of Representative! from those States were not pres- ent, because there was not time to summon them, and in fact, many of them had left this city. There was a common understanding, that the Senators of each State should communicate the resolutions and action of the caucus to the Qovernor of their State, to be used as might be deemed best, on consultation with members of the Convention or Legisla- ture, that might be assembled. TI1K CONVENTION OF ALABAMA. l.">j I wish to invoke attention to the 3rd resolution, and to make such explanation as is necessary to prevent any misconstruction of the motive of those who voted for it. Tt will at once, occur to your mind, that there is a plain incon- gruity between the first and third resolutions ; that after a State has seceded from the present Federal Union, its Senators and Representatives have no right to seats in this Congress. Such most be the conclusion of all who maintain the right of secession. This was admitted by the caucu-j, not excepting ([ believe) one of those who voted for the third resolution. But the Black Republicans deny the right of secession ; insist that the late Senators and Representatives from South Carolina arc still members of the respective Houses to which they were elected, and the names of those Representatives (by order of Speaker Pennington,) and of those Senators (without order or objection) are still called, as if present. They are, therefore, estopped from objecting to the votes of Senators and Representa- tives from other States that may secede before the 4th of March next, if any retain their seats after the secession of their State. There is a manifest purpose of the Black Republicans in both Houses of Congress, to use the power they may have, when the Senators and Representatives of the Cotton States leave here, to enact every species of legislation which hate of the South and lust of power and plunder may suggest. Bills extending the districts for the collection of revenue, so as to authorize collections on board of war vessels in view of Southern ports — increasing the Tariff and making it discriminate more against the South — increasing the Army and Navy — calling for Volunteers and offering them boun- ties in land and money — employing the militia — authorizing loans and issuing Treasury notes — indeed, every bill will be passed which they can pass, and may deem necessary to strengthen the arm of Government, and to enable Mr. Lincoln to enforce payment of revenue at Southern ports or to blockade them, or to commence war upon the South, as soon as he is installed in office. Such legislation might, probablj, be defeated, if the delegates from the Cotton States, about to secede, remained in their seats till tin- 1th March ; and a new Congress could not be convened before v tember next, by which time, we might be fully prepared fbr war and strengthened by the alliance of all the llaveholding States. Ol the other hand, it may be W'H asked whether it will com- port with the dignity and honor (if Alabama, after she has seceded from the Union, to authorize lor flfimtOTI and Representatives to hold their seats in this Congress? Or can she with credit. | an Ordinance of Sece-.-inn and vet direct them to retain their seats ? n :",-.' IIISTDKV ANI» 1 > K I : I submit the resolutions, to be sent to the CoBTWtioa lor their eousidcration, if you deom it proper OK expedient. I owe it to myself to say, that L do not wish to remain here, and if I consulted iny own feelings, interest- «»r opinions, I would nut -tav a day after the secession of my State-. I am, most respectfully, Your friend and lerv't, C. 0. 0LA.1T, Ju. /,'« solved, Tluit in our opinion, each of the Southern Si -iiould, as soon as may be, secede from the Union. Btaoivedf That provision should be made for a Convention to organize a Confederacy of the seceding States, the Convention t<> meet not later than the 15th of February, at the city of Mont- gomery, in the State of Alabama. Resoled, That in view of the hostile legislation that is threat- ened against the seceding States, and whico may be consummated before the 4th of March, we ask instructions, whether the delega- tions are to remain in Congress until that date, for the purpose of defeating such legislation. Resolved, That a Committee be and are hereby aj "pointed, con- sisting of Messrs. Davis, Slidell and Mallory, to carry out the objects of this meeting. REPORT OF Till: COMMISSIONER FROM A LA RAM V XO W ASil- im;ton. Mo.vi'i.nMKUY, Ai.a., Feb. 18, 18G1. To His Exceu.kv y A. li. Moork, (low r nor of the State of Alabama : g lR ; — On the 25th of January, 1861, I had tho honor to receive from your Excellency, the appointment of Commissioner from the State of Alabama to the Government of the United States at Washington City, " to uegotiato with the said Government in reference to the Forts, Arsenals and Custom Houses within this State, and the public debt of the United States ; also as to the future relations of the State of Alabama, now a sovereign, indepen- dent State, with the Government of the United States." On receiving my commission, I forthwith repaired to the city of Washington to enter upon the duties of the trust which had been THE CONVENTION OF ALABAMA. 153 confided to me. The day after my arrival, I applied, through the Hon. C C Clay, Jr., for an audience with the President of the United States to present my credentials aud enter upon the pro- posed negotiation. I herewith submit to your Excellency a copy of the entire correspondence between Mr. ( 'lay and the President, and Mr. Clay and myself, relating to the mission. By it your Excellency will perceive that the President refused to recognize me in the only character in which I was authorized to represent the State. This, of course, ended my duties as commissioner. Trusting my action, as shown by the correspondence, may meet with the approval of your Excellency, I have the honor to be, with the highest consideration, Your Excellency's most ob't serv't. THOS. J. JUDGE, Coms'r, cvc. MR. CLAY TO THE PRE8IDENT. Brown's Hotel, ) Washington City, Feb. 1, 18(31. \ Ilrs Excellency, James Buchanan, President of (he U. S. of America . Sir: — I have the honor to inform yon that the Hon. Thos. J. Judge, of Alabama — duly commissioned to negotiate with the government of the U. S., in reference to the Forts, Arsenal and Custom Houses in that State, and the debt of the U. S., is in this city and desires to present his credentials, and enter upon the proposed negotiation. Will you be pleased to inform me, when it will suit your conve- nience, to give him an audience, and oblige. With high consideration, Your Ex. most obedient servant, C. C. CLAY, Jr. THE PJIE8IDENT TO MR. CLAY. W LSHUIGTONj F-1'. -', L861. Dkar Sir: — In answer to your note of yesterday, 1 shall be happy to receive the Hon. Thomas J. .Judge, as a distinguished citizen of Alabama, either at 1 '1 or .'! o'clock on Mondav, as mav best suit his convenience. L54 BISTORT AM) DEBATES OF You are doubtless, aware, from my several messages, that in my judgment, I have no power to recognise him in the character ascribed to him by your letter. Fours very respect fully, JAMES BUCHAN \N. II m. Clkmknt C. Clay, &c. &o. &o. mi;, clay to mr .ni»i;i:. Brown's 1 1 • » l i i . I Washington City, Feb. 2, L661. j Hon. T. J. Juihjk: Dear Sir: — I send you a copy of my note in your behalf, as Commissioner, \c, to the President of the United States, and his reply — which has reacheil mo since 7 o'clock, P. M. Please read and advise me of your wishes and purpose, in the premises, by MondaV next. I will drier my departure for a few days longer if 1 can B IT S you by remaining. I am respectfully and truly yours. ac. C. C. CLAY, Jr. Washington City, Feb, 4, lMtil HON. C. 0. Clay, Jr.: I acknowledge the receipt of your note of the 2nd insi ., enclos- ing the correspondence between yourself and bis IOxcellency James Buchanan, President of the United States, relating to my mission SS Commissioner for the State of Alabama. The President declines to give me an audience in the only char- acter in which I sought it, as Commissioner for the State of Ala- bama, and thereby refuses to receive any propasals from that State, for a settlement relating to the public debt of the United States, contracted whilst Alabama was a member of that Confederacy, and relating to the property in the possession of Alabama, which be- longed to the United States of America before the withdrawal of Alabama from that Union. From this course of the President, it is to be presumed that he has abandoned all claim, or resolved not to make any in his official character, to that property in behalf of his Government; or, that repelling every offer of amicable adjustment, he desires that it shall be retaken by the sword. THE CONVENTION OF ALABAMA. 455 But no matter what motive lias prompted his unexpected treat- ment of me, I should be wanting in proper reverence for my State, and proper appreciation of my present relations to her, to sue for peaceful negotiations, since tin- right of Alabama to send me, and my right to speak for her, have been denied. And if negotiation istosettleour difficulties, touching these Forts and Arsenals, it must be proposed by the President, to the Governor at her Capitol — whither I shall go and report the result of my mission. Whilst I regret this action of the President, it is gratifying to know that the State of Alabama, by her prompt efforts to do that justice in the premises which has been thwarted by him, will stand justified belbre the world. That State having now been placed right upon the record — and under the circumstances, nothing more remaining for me to ac- complish as her Commissioner — my mission ceases with this letter. Permit me to return you my thanks for the valuable aid you have rendered, in endeavoring to advance the objects of my mis- sion, and believe me to be, Very truly your friend and ob't serv't, THOMAS J. JUDGE. MR. CLAY TO THE PRESIDENT. BBOWN'S IIOTKL, | Washington, Feb. 5, 1S61. j lb., i. James fiiichaunii. President <>/ ike United States <>/ America ; Sir — 1 submitted my note and your reply touching the mission of the lion. T. J*. Judge, to him for his consideration, ami g< mi you herewith a copy of his response. ^ on will see thai he declines to address you on the subject matters of his mission, beeause he regards your note to me as closing the door against him. a^ Un- representative of Alabama, and repelling any oilers she may ha\e to make at the very threshold. I am sure that you desire peace with all the world, ami esj I oial- \j with those States which have seceded from the Union. You profess to claim, or holds forts and Arsenals in those Statei, only as property of the United States, that you are bound to take care of. It is therefore, matter of surprise and regret, that you not only refuse to trust the people of those States with such property in their own limits and intended lor their benefit, but pursue a t"><> HISTORY AND PENATES OF course t< nding to destroy thai property and to break the peace be- tween your Government and those states. If, recognising the right n. yon had received Mr. Judge as Commissioner frees i foreign State, and had sent lii^ proposals to the Senate with ftnt approval or objection ; or, denying that right yon had submitted his proposals to <'■ • those ofi Oommissioner from a state of the Union ; possibly the independenee of the State might b a acknowledged, and a treaty with it formed, or denying itsin- adence, Congress might have agreed to she sale and retrooes- rjf the disputed places. At all events, it would have relieved vnu of the responsibility yon hsve sseunx d. of not only refusing to entertain a peaceful proposition from s seceding State, but of preventing Congress from receiving it. I Bee nothing in the I stitution forbidding the course I suggest, either on your part or that of Congress. It would not have compromised your duty m the rights of the I taited Slat Certainly the lands for Porta Morgan and Gaines, and for Mount Vernon Arsenal, were ceded to the United State- tor the erection it' such •• needful buildings" fur the defense and protection of the pie of Alabama. Pox what other purpose should the Govern- ment ^\' the United States held them? But it is tOO late, if nut improper, to pursue the argument Alabama has vindicated her integrity t<» the world. 8h< her Commissioner here to purchase the property which her people prefer to hold in their own defence. It is now oaeleea bo your Government, except to injure them or their allies Off friends Knowing these facta, they wire righl to seize it, and are magnan- imous to offer to pay to your Government the amount it cost. They cannot misunderstand your course in refusing to receive their Com- missioner: that yon deny their right to take their destiny in their own bands, or to defend themselves egeiost the Government of the United State-, or to resist its authority, and that you mean to control their action by military fori*. Their Governor advised you, as soon as possible after theaeia ure of the furi> and arsenals, "that it was dune by his ordentb make the 000088100 of Alabama peaceful, and to prevent ydttf rcin- forcing those places, and Bhedding the blood and sacrificing the lives of her people En ondeavoring to maintain the authority of four Government over them." Subsequent events have proven his wisdom and fur. east. Ymir transfer of troops from Northern and Western porta to this city, and to all Southern forts where you apprehend that the people might take them for their defence, iu secure peaceful secession) shows your inclination to keep them fur their coercion and to prevent peaceful secession. The frown- THE CONVENTION OF ALABAMA. 4.">7 ing artillery and armed men brought to the unaccustomed view of the people of Maryland and Virginia, of Charleston and Pensaco- la, are just causes of offence to those who esteem themselves free citizens — not subjects, masters or servants of Government The free people of Alabama will not consent that places of pow- er granted by them to Government for their defence against insur- rection and invasion, shall be used in aid of their invasion and subjugation. They regard the uses now made of Forts Pickens, Sumter. McHcnry, and others in Southern States, as a gross abuse of the people and trust — a plain ursurpation of ungranted power. And, be assured, that the men of the South will not long endure this constant menance of the power of your Government, or suffer it to stand sentinel over their door-ways, with presented arms, rea- dy to challenge themselves or their friends, or to dispute their in- gress or egress. The instincts of mere brute nature, no less than the noblest sentiments of humanity — self-preservation, patriotism, honor and pride of independence — conspire against such deliberate insult and persistent menace of injury. If not surrended for the defence of the people against your standing army, they must and will take them at every hazard and any sacrifice. Those States that have seceded will never unite with the North- ern States under a common government. The idea is preposter- ous — the ground is hopeless. There has been constant and in- creasing strife I let ween t hem for more than a quarter of acentun . They differ so widely in principles and sentiments, in morals, in manners, religion and politics, as well as social institutions and habits, thai the world Knows they are different and uncongenial t) pea of civilization. Thej haw long seen and felt it, and cannot have a motive foi living together that is not purely selfish and mercenary. I trusl and believe they will hereafter form separate and distinct govi ments, in which they cannot love each other less, or harm i other nmre. than under a common government. The people ol Alabama believe their rights will be better respected bj the New land and other Northern States, when out of this Union, than they have been in it. The com >, prevalence in the South ol this opinion will forever prevent the rebuilding of the old I Dion. With your knowledge of the bistor] of the United Si the unhomogeneous characters of -the Northern and S peoples, yon must agree with dm that man will never witi the i tion of the Union. Then, whj hold forts and I troop- in the seceded States, if not to disturb ns ? Win not take the purchase money offered for them .' Left to your* h I think you would withdraw \ our garrisons and sell us the torts ; l.'i^ HI8T0KY AND 1>KII VI Ks 01 for you ]>r;i\ for peace and protect against coercion, fake oare that roar councils do not compromise yoar donor and yoar char- act. r b> evincing uses of those stronghold* at variance with yoar praj era and proa ata. A superannuated aoldier, whose vanity and ignorance hate aaver (ailed to provoke contempl whenever he essays to play the statesman, is not oompetent to advise you. Neither is a men jurist and scholar, who lias lived ;i recluse, and knows less of Living and feeling men than of dead Languages and abstract sai- eaeea. Trust yoar own judgment and feelings, and I think von will correct the errors thej have committed by transferring your troops from Southern States — where theg can 011I3 exeite suspi- cions and heartburnings, and make enemies of those who should befriends — to the western frontier, where war is being carried on against citizens of the I nited Stab -. Hoping that L r ""d may conic out of Seeming SVil, and that wc ;na\ not be precipitated into war bj your preparations to prevent it, and wishing y<>u the peace and tranquility in your retirement that lolloWs gOOd deeds. I have the honor to he, Respectfully and trul\ . ^> our friend and obt servant. C. C. CLAY, Ja. RESOLUTIONS OF THE LEGISLATIVE OF NEW FORK. To His Exalhiaij Ainlnir /!. MoOTi . < tOVi rm>r <;/' the Stoti <>J Ahbomtr t Montgomery : Statk OF Nkw Viiuk. E\i-:< i n\ i: 1 )ki'.\i;tmknt. ) Ai.uanv. January 11. MMH. f Sir — In obedience to the requeel of the Legislature of this State, I transmit herewith a copy of the concurrent resolutions of that Body, adopted this f ihc Federal Government. 1 have the honor to he VOUr Excellency's Ohd't Serv't, EDWIN 1). MOKGAN. THE CONVENTION OF ALABAMA. 450 Concurrent Resolutions, tendering aid to the Presidoit of the United States, in support of the Constitution and the Union : State of New York, In Assembly, ) January 11, 18G1. ) Whereas, Treason, as defined by the Constitution of the United States, exists in one or more of the States of this Confed- eracy, and Whereas, The insurgent State of South Carolina, after seizing the Post-Office, Custom-House, moneys and fortifications of the Federal Government, has. by tiring into a vessel, ordered by the the Government to convey troops and provisions to Fort Sumter, virtually declared war ; and whereas, the forts and property Ot tae United States Government, in Georgia, Alabama and Louisi- ana, have been unlawfully seized, with hostile intentions; and whereas, further, Senators in Congress avow and maintain their treasonable acts; therefore. Hisideed, (If the Senate concur,) That the Legislature of New York, profoundly impressed with the value of the Union, and de- termined to preserve it unimpaired, hail with joy the recent firm, dignified and patriotic Special Message of the President of the United States, and that we tender to him, through the Chief Ma- gistrate Of our own State, whatever aid, in men and money, hi may require, to enable him to enforce the laws and uphold the avthority of the Federal Government. And that in defense Of •• the more perfect Union."' which has conferred prosperity and happiness upon the American people, renewing the pledge given and redeemed by our Fathers, we are ready to devote '' our tor- tunes, our lives, and our sacred honor," in upholding the Union and the ( ionstitution. Resolved, (If the Senate concur.) That the Union-loving Re- presentatives and citizens of Delaware, Maryland, Virginia. North Carolina, Kentucky. Missouri and Tennessee, who labor with devoted courage and patriotism to withhold their States from the vortex ofseeession, arc entitled to the gratitude and ad- miration of the whole' people. Resolved, (If the Senate concur,) That the Governor be res- pectfully requested to forward, forthwith, copies of the foregoing resolutions to the President of the Nation, and the Governors ot' all the States of the Fnioii. The preceding preamble and resolutions were duly passed, Bj order H. A. RI8LEY, ('ikkk. In Senate. January 11, I^<>1 : The preceding preamble and resolutions Were duly passe,]. By order JAMF.s TERWILLIGER, Cunw. 160 FTISTORl AND DKIUTES OF RESIGNATION OFMEMBERS OF CONGRESS. Tin- President announced thai he had received communi< from the II mi. Thomas Fearn and die Hon. I).i\iil P. Lewis, Pep utirs (u tin- Confederate Congress, from the State of Alabama- tendering their resignation, Mr. J)\k(.an offered the following resolution: Resolved, That in accepting the resignation of Mr. Thomas Foam, and Mr. David r. Lewis, two of our Delegates to the i '"li-i-css of the I Jonfederate States of America, this Convention would express ita entire and lull approval of the course they have pursued in said Congress, so far as the same has been made pub- lic, and tender to them our thanks for the good results, owing part, to their labors. Mr. I5i:.\i;i) said : Mr. President — 1 reel constrained, from a sense of duty, to make a few remarks upon tha resolution now under discussiou. No man in this State better deseryes the compliment whicji thai resolution contains, than does Thomas Fearn; and perhaps uo individual in this State knows as well, or better, the part be has played in this great Revolution than 1 do. I have been honored with his confidence ; intimate personal and political relations have existed between us far more than twenty, years. We have be- longed to tin' same political p.irtv : we were both opposed to the policy of separate State igoession ; but alter the passage of the ( 'rdinanee, J wrote him a letter, in whieh I requested him t,, ad- use me as to my future course. In reply,- he urged m ) to BUS tain tin' State in the position she had taken, assigning, as a rea- son, that We owrd our iirst and paramount allegiance to our State. and that as Alabama was now the only. I oion left to us, it was our duty to aid in maintaining it. No man in the State of Aia bama could have brought more aid to the Southern Confederacy, more power to allay the excitement, to overcome the preexisting prejudices in the minds of the people of North Alabama, than he • lid. Acting upon his suir^estions, as well as from a sense of duty, when L returned among my constituents il told them there was no other course or policy for us t<> pursue but to acquiesce in the action of the Convention; that violently and ardenlh as I had been opposed to the passage of the Ordinance, I now ostwid- THE CONVENTION OF ALABAMA. 461 ered it a settled question, that it was no longer debatoable. It was the Organic Law of the land, and We, as good and patriotic citizens, were bound to sustain it. I say now. that the Constitu- tion which we adopted yesterday for the Confederate States of America, is, to my mind, a satisfactory evidence that Thomas Feani has played a conspicuous and influential part in its prcpar ation and adoption. Many of the provisions of that oonservative instrument were suggested in his letter to me. 1 might add, that the sentiments contained in that letter induced his nomina- tion by me, and his election by the Convention. I hope, therefore, that the resolution offered by the gentleman from Mobile [Judge Dargan] will receive the unanimous vote of this Convention. Mr. DXrQAn's resolution was adopted. ELECTION OF DEPUTIES. Hon. Xii'ii. Davis, of Madison, was elected to fill the vacancy created by tin resignation of Mr. Eearn ; and Hon. 1 IenkY C. Jones, of Lauderdale, was elected to till the vacancy created by the resignation of Mr. Lewis. BNDOR6EMENX OF THE ACTION OF THE PRESI- DENT AND VICEJPRE8IDENT OF THE CONFEDER- ATE STATES. < >n Tuesday, March 12, Ma. Cochran offered the following re solution, which was unanimously adopted: Resolved, That the ejection of Jefferson Davis. President* and Alexander 11. Stephens, as Vice-President of the Provisional Government of the Confederate States of America, meets with the approval of this Convention, and the same is hereby full} ratified by the people <>f Alabama. VISIT TO THE PRESIDENT. On the 7th day of March, Mis. CBOOK introduced ihe follow- ing resolution, which was adopted \ !''>•.! UWO ttt \ni. DIBAVM rri/. Tli.it the President of this Convention be req to inform the President of the Confederate Si I it is the desire of 'liis (,\>n\ cntioii to call «»n him iii a body, ;il BUofa time as hi' mas designate. On tlif 11. At .lav, the President of t li>- Convention ami' that, in pursuance <»t' the resolution of yesti rday, he ha. I called upon the President of the Confederate States, who expressed hi* gratification, and would willingly receive a caU from the ( '> m \fii- M. .11, in a body, at such time an. I plsoe as might suit that vcnti..ii. Mk. Mi i'ciiKt.i. '"•'• moved that a Committee of three be ap- pointed to make the necessary arrangements for the reception of the President ; which was adopted — and Messrs. .Mitchell, Dear. I. and Clarke* of Matengs were appointed the Committee. On Saturday, the 9th, -Mr. Mitchell, from the Select Committee of throe, reported that arrangements ha. I been made, in accord* an..- with instructions given t<> the Committee, t<> carry oat the desire of the Convention to call upon the President of the Cos^ federate States, in a body. President Davis would •»• pleased to see the members of the Convention, on Monday night, at 9 o'clock. The Delegates to the Convention will meet at the Bi change Hot*] reading-room, at s ' o'clock. They will be called to order by Mr. President Brooks, and will proceed in a body to the reception parlor of President Davis, when the Presiding Of ..i' the < invention will introduce each member to the Prosit ■ lellt of tile ( 'ollt'clerate Sta' Mr. Mitchell also reported that the Committee Would, at ano- ther time, communicate to the Convention the time and place when Yiee-l'resi.irnt Stephens would he visited by the mtmbets in a body. • ; 11>. ii, ( !, B. Mitchell, who had ben .Ir.i.il Brom tin- county of Mootgoav ery, to till the vacancy created by the resignation of the Hon. Win. L. Yan- cey, was introduced by Mr. Watts, his collca-iic, and took his scat in the Convention, on the 7th of March. THE CONVENTION OF ALADAMA. 403 On the night indicated, the members called, in a body, and were introduced by their President. Most of the Cabinet were present, and several of the members of the Confederate Congress. This visit to the President was one of the most agreeable inci- dents of the Convention. To the address of Mr. Brooks, Presi- dent Davis made a short and appropriate response, conceived in the most patriotic spirit, and expressed in fervent and vigorous language. The President's mode of speech is graceful, earnest and per- suasive. With a deep, sonorous voice, is blended a happy, em- phatic gesticulation, and a posith eness of manner, so that the hearer is at once struck with the speaker's sincerity. But few of us had ever seen or heard him before, and all were delighted, as well with the glowing ardor of his sentiments as the determined tone of his resolution. It Mould seem that the formalities of such an introduction would be heavy, clumsy and awkward. The contemplation of an hundred men. arrayed ill a sort of military phalanx, marching up in couples to be introduced, one by one, to the President, was indeed enough to provoke a smile from the mischievous and the courtly; but this beautiful speech broke the rude shackles of for- mality, and the coi-dial attentions of the President to his guests, dispelled the last feeling of the restraint, and imparted to each person, as it' by some magnetic influence, the gracefulness and ease which distinguished his own dignified demeanor. For an hour the Chamber of Reception was the scene of the liveliest animation; and the conversation, turning mainly upon the topic of Southern Independence, and the novel position of the young Republic, whs characterised by the free expression of thosi exult- ant Opinions, which, though nol clamorous, are at one.' the l.est indications of a deliberate determination, and the surest fori runners ofsuco as. It was> very beautiful for a patriot t<> note and meditate upon this__assi.'iii-Uy . composed of men s<> lately oT antagonistic opin- ion as to policy, now all binding their hearts and minds to the one colnnion end — the Independence of the Republic; and enter- l'i I rOBt ASH DBS LTKB OF iminon league, not of words, i>ut of i. ill their i I i the pcrpotuation of their Institutions, and t«> til'' preservation of •'..■ Lib* • were many ladies present upon this occasion, distin- led n<>t more, by beauty and grace than by the lively int • exhibited in the sjirring of the tim< s, a;,. I their eager readiness to aid in pushing on th6 Revolution to sue* This Reception was closed around a convivial and festive table, id in true Republican style, with plenty to cat and drink, but with no nark of courtly splendor. The Vice-President, M . Btephena, made his appearance, waA Bted frona the hearts of the guests, and responded in an appro priatc speech, which was eloquent in its « i j » 1 i < • i t y . INDEX. African Slave-Trade 149, 104, 194 Alabama Secede.* from the Union 11 s Flagof ll'.t, US Bauer, ol Barbour : Returns thanks to the ladies for Flair 120 Bakek, of Russell : Resolution for open Sessions 4,1 Speech on the same 1" ' : on Ratification of Constitution 366 " on Council of Stale '. . Wl Barry, Hon. Wm. S., President Mississippi Convention: Dispatch from 75 Beard, lion. A. C. : Speech on Ordinance of Secession 102 " on Dr. Fearn"s resignation N0 Beck, Hon. F. K. : Speech against Coercion M on Council of State 101 Brao«, Hon. Jno. : Resolutions in reference to Collector of Mobile 12& Report on same subject 13.'t Speech against excluding members of the Convention from election to Congress l.'l 30 II ISPKX. liiiKWER, S. P., Tem p orary Secretary Bkooks, Hon. Win. M.: Beeted President 23 ■peeoh agaiaal Withdrawing Troops from Florida 215,219. lutionol Thanks to 204 His Farewell Speech 2C5 Bt i.i;kr, Hon. M. J. : Resolutions on Federal Relations "h"> Speech on Ordinance of Secession IM Proposed to elect Deputies to Coegreea, by People 11" Speech on Resolution against Coercion 193 on Ratification of the Constitution Kl'Forp, Hon. Jeff ! Speech on the Legitimate powers of the Convention - lk U BVUOCH, Hon E. C: Commissioner to Florida Diepetellte from u His Report as Commissioner 113 < 'ai.imi \, Hon. .1. If. : Commissioner to Texas His Report 199 Cai.ium 'n. Hon. A. P. : Commissioner from South-Carolina His Speech hi I be Convention '11 Cadets of Uuiveruity : Reception and Review of. 183, LSI Chilton, Hon. Win. P : Klecled Deputy to OeejfTeM 1»*>1 I'-i.AKkK. Hon. W. E., hi Marengo: Speech on Conliscation 1M •' on Public Lands 313,815 Ci.akk, Jlon. .lames S., of Lawrence : Speech on Applause in the (Galleries 1"> " Against Secession 31,183 " on Ratification of the Constitution 326 INDEX. In Clopton, Hon. David : Commissioner to Delaware gg His Report .«. Clemens. Hon. Jere : Speech on Whatley's Resistance Resolutions On sending Troops to Florida _- )() Minority Report on Secession -~ Speech on Secession ,.,. H against excluding members of the Convention from being elected to Congress ijjc • on sending Commissioners to Washington 10G • on Withdrawing Troops from Florida 211-220 Coleman. Hon. A. A. : Resolution against Coercion ,- )7 ign to suspend Collection of Debts I-;;, Cochran, Hon. John : Resolutions Requesting information from Governor 2f> To Compliment the Governor <3j Speech on Sending Troops to Florida 5j " on the Power of Taxation ' ( nr ( Convention : Resolutions calling ,, Time of convening .,, Proclamation for .^ Second Session of. ,, Visit to the President in a Body J 0J Confiscation 1 7J ' '"iviies : Size ol, Proposed to be Changed ,,-,,, 1 "'TER, Hon. Win. : Commissioner to Missouri ■to Report M mi'lkk. Hon. Albert : Speech on the Ordinance of Secession ,„-, I Mtt, II. m. Jn.. M Speech on Coercion ,,,. Resolution to Visit the President ,i (1 1\ IMiKX. Coman, Hon. J. P. : Bpeacfc on Ratification of Constitution .'I~>1 < i RET, Hon. J. L. M. : Commissioner to Maryland Hi> H.port 100 His Letter] with Hon. .Mr. Pugfa, to the Convention 125 Elected Deputy to Congress IG1 Dakgav. Hum. i:. 8.: Speech on Secession Resolution to accept Flag 126 Report of $1,000,000 Loan, and Speech on same 12:* •' Commissioners to Washington 166 " African Slave-Trade I •> I • l'ower of Taxation 292, 299, 301 Speech on Ratifying the Constitution Davis, Hon. Nich. : Resolution to submit Ordinance of Secession to the People.. 56 Speech on Resolution against Coercion 78 on the Ordinance of Secession 110 Elected Deputy to Congress 461 Detities elected : To Congress 168 To Convention — names ol *.' 1 . 22 Dowdeli., Hon. JF, V. : Speech against Secret Sessions 17 Resolution on the Navigation of the Mississippi [Liver 174 Speech on Coercion Resolution 190 " on Citizenship 223 " on African Slave-Trade 255-253 C. u:\ksi , Hon. Wm. S. : Speech on Coercion Resolution ill) " on Ratification 33t> Report on Engrossing Ordinance of Secession on Parch- ment 173 Edwards, Hon. Wm. M. : Speech on Secession 104 INDEX. V ELMORE, Hon. John A. . Commissioner to South-Carolina 35 His Report 3S9 Kow leu. \Vn:. A. : Elected Secretary 23 His Resignation L28 Resolution Complimentary L29 Flag of Alabama, presented by Lad its 119 Sonnet to same 1 22 Feaun. Hon. Thos : Deputy to Congress — Resigns 160 Mr. Heard's Speech on his Resignation lii Florida : Troops sent to 50 Secedes 9Q Gilmek, Hon. F. M. : Commissioner to Virginia .';."> Garrett, Hon. J. J. : Commissioner to North Carolina :;."> Gibbons, lion. Lyman : Speeches on the Power of Taxation 295, 303 (ii;EK\, Hon. Jno. : Speech on Secession 98 Government : Report for Provisional and Permanent 13G Debate on the same I.'i7 l I" Hale. Boa. S. F. ; Commissioner to Kentucky :;."i His Be port Ill NDI ftftOH, nl Maeon : Resolutions to send Commissioner! to Arisoais 1 24 Ordinance for a Council nl State ]2!i Speech on Divorce m isnr.x. Heknimn, Hon. T. II : Motion to Amend Ordinance of ( litizenship V2H, 10" Horn. A. '•"> Ih i;i!ARD, Hon. David : Commissioner to Arkansas '!."» His Report M3 MiMriiRiKs, Hon. II. G.: Calls the Convention to Order !'.' Speech on Power of Tun at ion MS In/.er, Hon. Jno. W. Speech on Secession '■>' Introduction. Historical '.» Jemison, Hon. R., Jr. : Voted for, for President of Convention J.': Resolution to ('lose Doors I'l Speech on Coercion Resolution 98 Speech on Secession 'XI Motion in regard to the Formation of a Permanent Govern- ment l'!i» Resolution to Submit same to a Convention of the People... 1 11 Speech OD Election of Deputies to Congress lf>0 On Commissioners to Washington 17'-' On "Withdrawing Troops from Florida 218, 220 On the Power of Taxation - 2!)S Resolution to Refer the Permanent < 'onstitution lor Ratifica- tion to a Convention •'!'-' Speech on Ratification of the ( 'onstitution 'i'l'.i If.wett, Hon. 0. S. : Speech on Permanent Constitution 138, 111 On Public Lands 311, 3l« INDEX. VII Jones, Hon. H. C, of Lauderdale : Speech on Secret Sessions IS On sending Troops to Florida •")! On Resolution against Coercion 65 Ob Secession 06 On Confiscation 177 His Substitute for Ordinance on African .Slave Trade 194 Speech on same ••••.... 206 Substitute Adopted 264 Elected Deputy to Southern Congress 461 JoHSSOIT, Hon. N. D. : Speech on Coercion Resolution ~>8 on Secession 100 on African Slave-Trade 262 on Size of Counties 200 .li-iiRK, Hon. T. J. : Commissioner to Washington — His Report 152 Kimball, lion. A. : Speech on Sending Troops to Florida ">1 " On Secession 99 Resolution of Thanks to President Brooks 2 Speech on Ratification 325 Li:wis. Hon. D. P.: Speech on Confiscation ITS, 182 Elected Deputy to Congress 161 Marly, Rev. Basil: His Prayer 20 Matthews, Ex-Governor : Commissioner from Mississippi 92 Addresses the Convention ir?u M'Ci.anaii \N. Hon. Jno. M. : Speeofa oil Reducing Sine of Counties 273 MRka, (Jen. Colin : Elected Deputy to Southern Congress nil Mississippi River: Navigation of 17) Mor<;an, Hon. .Jno. T.: Resolution Restraining Applause 23 VIII INDEX. Mokqan, Don. Jno, T. : Speech <>n Secret Sessions and Applause 15 oa Coercion fteeotutioa 61 North Carolina 35 Hi- Report I to Btected Deputy to Southern Congress L61 S. mi it i, Franl> L. : Elected Assistant Secretary 23 X INDKX. Shorter, lion. John Gill : Commissioner to Georgia 35 His Report. Elected Deputy to Southern Congress 161 SlIOBTBIDGE, Hon. Geo. D. : Speech on Motion on Council of Stale 55 '• on Commissioners to Washington ;-;7 " on Confiscation 175 " on Citizenship 224-223 Steele, Hon. John A. ; Speech on Secession 103 Stone, Hon. Lewis M. : Speech on Resolution Against Coercion 58 '• Against Excluding Members of the Convention from Election to Southern Congress 131 " on African Slave Trade 234 '• on Ratification of the Constitution 332 Ti.meerlake, Hon. John P. : Amendment to Ordinance of Secession DO Speech on same 90 Wins, R. H. : Elected Door-Keeper 23 Watts, lion. T. 11.: Speech on Sending Troops to Florida 52 " on Resolution Against Coercion »>8 Reads Dispatches 121 Speech on Commissioners to Washington IG0-168 Ordinance to Confiscate Property 175 Speech on Withdrawing Florida Troops 213-320 " on Citizenship 880 " on Aftfean Slave-Trade 35S 264 li on Power of Taxation _' ' ;- ;oo "ii Public Lands 324 Watkins, lion. R. S. : Speech on Secession 101 WlBB, Hon. .lames J>. Speech on Commissioners to Washington 108 INDEX. XI Webb, Hon. .lames D. : Resolution to Review Cailets l«3 Report on same "»' Speech on Citizenship - 1 '- 7 Walkeb. Hon. R. W. : Elected Deputy to Congre*s 161 Whitley, Hon. 5. Hon. Jno. A. : Commissioner to Louisiana 35 His Report 11 i Williamson, lion. James: Speech on Resistance Resolution ■_>'.) " on Applause in the Galleries II " on Permanent Government i:t7 00 Council of State \,v\ " on Withdrawing Troops from Florida 215 Yancey, lion. Wm. L.: Resolution Providing for Opening the Convention by Prayer, 20 Speech on K< — tance Resolution 37 Resolution Sending [Troops to Florida jjq Speech on Resolution Against Coercion ,-,s Report of Ordinance of Secession -7,; Speech on Timberlake's Amendment \i\ •' on v in] Deputed by the Ladiea to Present a Flag to the Convention. 130 Report (br Provisional and Permanent < Government ].'!u Speech on the same subject \-;> " Againal Excluding Members ol the Convention from ei tion as Deputies to Congress XII INDXX. Yam ey. Hon. Win. L. : Speech on Commissioners to Washington 17i, (in Navigation of the Mississippi River lSI-lss on African Slave-Trade Yeas ajtd Xav> : <»n Resolution to submit Ordinance of Secession to the People 55 On Clemens' Minority Report so ^, On Timherlake's Amendment 92 On the Ordinance of Secession 1 1 s On Bulger's Motion to Submit to the People the Election of Representatives to Congress 1 19 On Jemison's Amendment to Submit the Constitution to a New Convention 303 On the Ratification of the Constitution 3(j I YklvertoKj Hon. G. T. : Speech on Resolution Against Coercion Go Resolution to Remove Secrecy from the Vote and Proceed- ings on Ordinance of Secession 1 1'.« Speech Against Excluding Members of the Convention from Congress L5S Speech on African Slave Trade 228 " on the Legitimate Powers of the Convention 281 ^m*+ w£ .. * ; •5^ &£ 4 ' {3 , w^i w