16 



ALABAMA. 



pany by some arrangement between it and the 

 then Governor paid the debt in Confederate 

 notes. 



As the State was only a trustee as to this 

 fund and bound to act in good faith, and as the 

 debt was paid in currency nearly worthless at 

 the time and before the debt was, in fact, due, 

 it was considered inequitable and unjust to rat- 

 ify it, and the amendment was adopted. 



There was also a discussion on the general 

 policy as affecting the whole ordinance. It 

 was shown to be necessary in order to prevent 

 a flood of litigation, uncertainty as to rights 

 and property, and consequent derangement and 

 trouble in every department of business. 



On the same day the Provisional Governor, 

 in answer to a request of the Convention, sent 

 in a message, calling their attention to the im- 

 portance of making some provision for the pay- 

 ment of the interest due on the State debt ; also 

 for the support of the destitute poor, etc. He 

 stated, that when the war closed the State was 

 furnishing meal and salt to 38,772, the individ- 

 ual members of which numbered in the aggre- 

 gate 139,042. Forty thousand rations had been 

 given by the Federal Government for the in- 

 habitants of Cherokee County alone. 



The condition of the State finances on Sept. 

 1st, he thus reported : 



Balance in the Treasury 80th September, 1864. $3,713,959 71 

 Eeccipts from 20th Sept., 1SG4, to 24th May, 

 l-r,.-> (including $964, 76693 transferred from 

 Military Department) 8,776,168 57 



Disbursements to 24th May, 1865. 



Balance in the Treasury, 24th May, 1865. 



This balance is in the following described funds, 

 to wit: 



Check on Bank of Mobile, payable In Confed- 

 erate Treasury Notes 



Certificate of Deposit, same Bank, payable in 

 Confederate Notes 



Confederate and State Treasury Notes in Treas- 

 ury 



State Treasury Note Change Bills 



Notes of State Bank and Branches 



Bunk Notes 



Silver 



Gold on hand $497 84 



On deposit In Northern Bank 35 05 



7,490,148 28 

 6,698,853 78 



791,294 50 



11,440 00 

 1,830 00 



517,889 60 



259,004 05 



853 00 



424 00 



88745 



Excess In Confederate Treasury Notes 



PROVISIONAL GOVERNMENT. 



Becetpts from 20th of July to date 



Disbursements to date 



$791,845 89 

 20 89 



$791,294 00 



$1,766 00 

 $1,512 86 



Balance in Treasury of Prov. Government. .. 258 14 



The committee to whom was referred the 

 ordinance of secession, to consider what action 

 was necessary for its abrogation, made a major- 

 ity and minority report, as follows : 



An ORDINANCE to be entitled an ordinance declaring 



the Ordinance of Secession null and void. 

 Be it ordained by tJie people of the State of Alaba- 

 ma, in Conreitiion assembled, That an ordinance 

 adoped by a former Convention of the State of Ala- 

 bamn, of the llth day of January, A. D. 1861, en- 

 titled "An ordinance to dissolve the Union between 

 the State of Alabama and other States united under 

 the compact styled the Constitution of the United 



States of America," be and the same is hereby declared 

 null and void. 



The minority made the following report : 



The minority of the second special committee to 

 whom were referred sundry ordinances and resolu- 

 tions declaring the so-called ordinance of secession 

 null and void, not being able to agree M - ith tbe ma- 

 jority, respectfully report the following ordinance, 

 viz. : 



Be it ordained by the people of the State of Alaba- 

 ma, in Convention assembled, That the so-called or- 

 dinance passed by a former Convention of the people 

 of Alabama on the llth day of January, 1861, entitled 

 "An ordinance to dissolve the Union between the 

 State of Alabama'and other States united under the 

 compact styled the Constitution of the United States 

 of America, was unauthorized, and is hereby declared 

 to have been, and is null and void ; and ask that the 

 same may be adopted in lieu of the ordinance report- 

 ed by the majority. 



The report of the majority was, that the or- 

 dinance of secession should be declared " null 

 and void." That of the minority was, that the 

 ordinance of secession was " unauthorized, and 

 is hereby declared to have been and is null and 

 void." 



The 2oth was devoted to the consideration 

 of the reports. 



Mr. Clarke, of Lawrence County, urged that 

 the Convention of 1861 represented only a mi- 

 nority of the people as shown by the popular 

 vote in the election of delegates ; that a majority 

 of several thousand voted for the Union and for 

 cooperation; that the Convention refused to 

 submit the question to the people, by whom it 

 would have been voted down; and, therefore, 

 that the people were misrepresented, and that 

 the ordinance of secession was not authorized 

 by them. 



He further contended that the report of the 

 majority of the committee left the question of 

 the right of secession without final disposition. 

 That report admitted only that the ordinance 

 of secession was now void, but not that it was 

 unconstitutional and void from the beginning ; 

 that if the majority so intended by their report, 

 then they should so state it, fully and fairly, as 

 it is stated in the minority report. 



In favor of the majority report, the general 

 scope of the argument was, that there was no 

 real difference between the two reports other 

 than in the use of the term " unauthorized " by 

 the minority of the committee. The majority 

 declare the ordinance of secession null and void ; 

 this satisfied the most ultra Union men in Mis- 

 sissippi and was understood to be satisfactory at 

 "Washington ; it can mean nothing less than that 

 the ordinance was and is void from the begin- 

 ning. The words null and void moan of no 

 effect, empty, having no force or validity. If a 

 deed is pronounced null and void, it is the same 

 as to declare that it never had any legal validity, 

 and no rights accrued or duties were imposed 

 by or under it. 



In reference to the authority of the Conven- 

 tion, it was shown that as early as the session 

 of the Legislature of 1859-'60 joint resolutions 

 were adopted requiring the Governor, in the 



