Benjamin Fitzpatrick, Resolution, An Ordinance Declaring the Ordinance of Secession null and void.

KYR-0001-009-0042.xml

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Accession Number

KYR-0001-009-0042

Document Genre

Proclamation/Legislation

Repository

Kentucky Department for Libraries and Archives

Collection

Office of the Governor, Thomas E. Bramlette: Governor's Official Correspondence File, 1863-1867

Item Location

BR1-79 to BR1-85

Place of Creation

Montgomery, Montgomery County, Alabama

Date of Creation

n.d.

Dates Mentioned

1861-01-11

1861-01

1866-01

1861-03

1861-01-07

1861-03-07

1819

Benjamin Fitzpatrick, Resolution, An Ordinance Declaring the Ordinance of Secession null and void., n.d., Office of the Governor, Thomas E. Bramlette: Governor's Official Correspondence File, 1863-1867, BR1-79 to BR1-85, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-009-0042, (accessed December 25, 2024).

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AN ORDINANCE
Declaring the Ordinance of Secession null and void.

SECTION 1. BE IT ORDAINED BY THE PEOPLE OF THE STATE OF ALABAMA IN CONVENTION ASSEMBLED: That an Ordinance adopted by a former Convention of the People of the State of Alabama, on the 11th day of January, A. D, 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,'" be and the same is hereby declared null and void.

BENJ. FITZPATRICK,
President of the Convention.

AN ORDINANCE.

BE IT ORDAINED BY THE PEOPLE OF ALABAMA IN CONVENTION ASSEMBLED: That His Excellency, LEWIS E. PARSONS the Provisional Governor, be and he is hereby requested to discharge the duties of Governor of the State of Alabama, until the Governor regularly elected by law be installed and qualified.

BENJ. FITZPATRICK
President of the Convention.

AN ORDINANCE
In relation to the Institution of Slavery and the Abolition thereof.

1ST. BE IT ORDAINED BY THE PEOPLE OF THE STATE OF ALABAMA, IN CONVENTION ASSEMBLED: That as the Institution of Slavery has been destroyed in the State of Alabama, hereafter there shall be neither Slavery nor involuntary servitude in this State, otherwise than for the punishment of crime, whereof the party shall be duly convicted.

2d. BE IT FURTHER ORDAINED: That the Constitution be amended by striking out all provisions in relation to slaves and slavery

3d. BE IT FURTHER ORDAINED: That it shall be the duty of the Legislature at its next session, to pass such laws as will protect the Freedmen of this State in the full enjoyment of all their rights of person and property, and to guard them and the State against any evils that may arise from their sudden emancipation.

BENJ. FITZPATRICK,
President of the Convention.

AN ORDINANCE
To provide for the payment of the interest on the bonded debt of the State of Alabama.

BE IT ORDAINED BY THE PEOPLE OF ALABAMA, IN CONVENTION ASSEMBLED: That His Excellency, LEWIS E. PARSONS, Provisional Governor, be and is hereby authorized, by the sale of Bonds of the State of Alabama, to the amount of Three Hundred Thousand Dollars, having not less than twenty years to run, and bearing six per cent interest, payable semi annually, to raise the means to pay the interest on the bonded debts of the State existieg prior to January 1861, past due and to become due in January 1866, provided that the bonds be sold at not less than par.

BENJ. FITZPATRICK,
President of the Convention.

AN ORDINANCE.
Declaring null and void certain Ordinances and other proceedings of a Convention of the State of Alabama, adopted in Jauuary and March, A. D, 1861.

SECTION 1st. BE IT ORDAINED BY THE PEOPLE OF THE STATE OF ALABAMA IN CONVENTION ASSEMBLED: That all the Ordinances, Resolutions, and other Proceedings of a Convention of the people of the State of Alabama, begun and held on the 7th of January, 1861, and on the 7th of March, 1861, together with so much of the Constitution adopted by said Convention, for the State of Alabama, as conflicts with the Constitution of the United States, are hereby declared null and void.

BENJ. FITZPATRICK
President of the Convention.

AN ORDINANCE
Declaring the War Debts void, and for other purposes.

BE IT ORDAINED BY THE PEOPLE OF THE STATE OF ALABAMA, IN CONVENTION ASSEMBLED: That all debts created by the State of Alabama in aid of the late war, directly or indirectly, are hereby declared void, and the General Assembly of the State shall have no authority, and they are hereby forbidden to ratify the same, or to assume or provide for the payments of the same, or any parts thereof.

ARTICLE 2. BE IT FURTHER ORDAINED, That the General Assembly of the State, shall have no authority, and they are hereby forbidden to assume or make any provision for the payments of any portion of the debts contracted or incurred, directly or indirectly by the Confederate States, or by its Agents, or by its authority.

BENJ. FITZPATRICK,
President of the Convention.

AN ORDINANCE
To explain an Ordinance therein named.

BE IT ORDAINED BY THE PEOPLE OF THE STATE OF ALABAMA IN CONVENTION ASSEMBLED: That an Ordinance passed at a former day of this Convention, entitled "An Ordinance in relation to the institution of Slavery, and the abolition thereof," shall not be so construed as to limit or restrict the powers of the Legislature to pass laws, such as will protect freedmen of this State in the full enjoyment of their rights of person and property, and guard them and the State, against any evils that may arise from their sudden emancipation, to the next session of the Legislature; but, Be it Ordained, that the General Assembly shall have full power, at any future session or sessions, to pass just and humane laws on this subject, such as will conduce to the welfare of the freedmen, and will consist with the good of the community.

BENJ. FITZPATRICK,
President of the Convention.

A RESOLUTION
Relating to the State Debt.

RESOLVED BY THE PEOPLE OF THE STATE OF ALABAMA IN CONVENTION ASSMBLED: That they hereby pledge themselves to the prompt payment of every debt contracted by the State, or for which she was liable prior to the 11th day of January, 1861, and that the Legislature at the next, and succeeding sessions take all necessary steps to provide the means for the payment of the interest due, and to become due thereon.

BENJ. FITZPATRICK,
President of the Convention.

AN ORDINANCE
To Ratify Marriages between Freedmen and Freedwomen, and for other purposes

BE IT ORDAINED BY THE PEOPLE OF THE STATE OF ALABAMA, IN CONVENTION ASSEMBLED: That all marriages between Freedmen and Freedwomen, whether in a state of slavery, or since their emancipation, heretofore solemnized by any one acting or officiating as a Minister, or any one claiming to exercise the right to solemnize the rites of matrimony, whether bond or free, are hereby ratified and make valid, provided the parties are now living together as man and wife, and in all cases of Freedmen and Freedwomen who are now living together, recognizing each other as man and wife, Be it ordained that the same are hereby declared to be man and wife, and bound by the legal obligations of such relationship

BE IT FURTHER ORDAINED, That the issue of such marriages or co-habitation, are hereby legitimatized, and shall be held to the same relatious and obligations from, and to their parents, as if born in lawful wedlock

BE IT FURTHER ORDAINED, That the fathers of children born without the father and mother having lived together as man and wife, or when they have heretofore lived together as man and wife, and have ceased to do so, shall be required to take care of such children, as in the case of bastards, under the laws of this State, and such laws on this subject as may be hereafter enacted by the General Assembly.

BE IT FURTHER ORDAINED, That hereafter, Freedmen and Freedwomen shall be bound by the same laws of intermarriage, and be required to conform to sim lar ceremonies, with the exception that they shall ^not^ be required to give bond in marrying, as in the case of whites, until otherwise enacted by the General Assembly.

BE IT FURTHER ORDAINED, That the General Assembly shall be, and are hereby invested with [full] powers to provide for the maintenance and support of the Freedmen, and women, and children of the State of Alabama.

BENJ. FITZPATRICK,
President of the Convention.

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AN ORDINANCE
In relation to the issuance of State Bonds.

SECTION 1st. BE IT ORDAINED BY THE PEOPLE OF THE STATE OF ALABAMA IN CONVENTION ASSEMBLED, That all Bonds issued in virtue of any ordinance passed by this Convention, shall be signed by the Comptroller, Treasurer and Provisional Governor of the State, and shall be made payable in the city of New York, and the interest shall be payable every six months.

BENJ. FITZPATRICK,
President of the Convention.

AN ORDINANCE
Requiring Civil Officers to continue to act as Agents of the Freedman's Bureau.

SECTION 1st. BE IT ORDAINED BY THE PEOPLE OF THE STATE OF ALABAMA IN CONVENTION ASSEMBLED: That the Civil Officers now, and heretofore acting, or instructed to act, as the Agents of the Freedman's Bureau in this State under the Proclamation of the Provisional Governor shall and are hereby required to continue to discharge the duties thereof, under the rules and regulations heretofore prescribed, until the adjournment of the next General Assembly.

BENJ. FITZPATRICK,
President of the Convention.

AN ORDINANCE
To amend Article Third of the Constitution.

SECTION 1st. BE IT ORDAINED BY THE PEOPLE OF THE STATE OF ALABAMA IN CONVENTION ASSEMBLED: That Article three, of the Constitution of 1819, be amended, by adding the following thereto. Section 34, That it shall be the duty of the General Assembly of this State at its first session and thereafter, as it shall deem proper, to pass a law, or laws prohibiting the intermarriage of white persons with negroes, or persons of mixed blood, and declaring such marriages null and void AB INITRIO, and making the parties to any such marriage subject to criminal prosecution with such penalties as the General Assembly may prescribe.

BENJ. FITZPATRICK,
President of the Convention.

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