Friday, December 1, 1826.

The House met pursuant to adjournment.

Mr. Powell presented the record and proceedings of the circuit court of Limestone county, exercising chancery jurisdiction, in the case of Kelly Steagall against Nancy Steagall, for divorce; which was read, and referred to the committee on divorce and alimony.

Mr. Walthall presented sundry accounts from the citizens of Perry county; which were severally read,  and referred to the committee on accounts.

Mr. Mead, from the committee on county boundaries, to which was

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referred the petition of sundry citizens of Walker county, praying to be attached to Lawrence County, reported that it is inexpedient to pass any law on that subject at this time.   In  which report the House concurred.

Mr. Perkins, from the committee on propositions and grievances, to which was referred the petition of Thomas H. Douglass, reported a bill to be entitled an act authorizing Thomas H. Douglass to retail spirituous liquors within the county of Lawrence; which was read a first time, and ordered to be read a second time.

Mr. Moore of Mad. from the committee on schools, colleges, and universities, and school and university lands, to which was referred the petition of sundry citizens of the county of Blount, in relation to the sixteenth section in township numbered eleven, range numbered two,  west of the basis meridian of Huntsville, reported that it is inexpedient to legislate on the subject. Mr. Mead moved that said report lie on the table; which was agreed to.

Mr. Moore of Mad. from the committee on schools, colleges and universities, and school and university lands, to which was referred the petition of the citizens of the first township, in range numbered eleven west of the basis meridian of Huntsville, reported that it is inexpedient to grant the prayer of the petitioners. Mr. McVay of Laud. moved that said report lie on the table; which was agreed to.

Mr. Davis of Fr. from the military committee, to which was referred the Digest of the militia and patrol laws of this state, reported a bill to be entitled an act to establish the military and patrol laws of this state as digested by Thomas W. Farrar, and for printing and distributing the same; which was read a first time, and ordered to be read a second time.

Mr. Davis of Fr. from the military committee, to which was referred a Digest of the militia and patrol laws of this state, reported a bill to be entitled an act to make an appropriation for digesting and revising the militia and patrol laws of this state; which was read a first time and ordered to be read a second time.

Mr. Davis of Fr. from the military committee, to which was referred the petition of Joel D. Harris, Ellis Grigg and John A Wier, reported a bill to be entitled an act to incorporate the Moulton Troop of Cavalry of Lawrence county; which was read a first time, and ordered to be read a second time.

Mr. Montgomery from the committee on roads, bridges and ferries; to which was referred the petition of sundry inhabitants of Mobile county, reported a bill to be entitled an act to amend act, entitled an act concerning roads, highways, bridges and ferries in the county of Mobile; which was read a first time, and ordered to be read a second time.

Mr. Greening,  from the judiciary committee, to which was referred a resolution instructing them to inquire into the expediency of amending the usury law so that the principal in all cases of loan may be recovered, reported that it is inexpedient to legislate on the subject. Ordered, that said report lie on the table.

Mr. Greening,  from the judiciary committee, to which was referred a resolution instructing them to inquire into the expediency of authorizing defendants in all cases to plead a partial failure of consideration,  reported a bill to be entitled an act to permit defendants in all cases to


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plead a partial failure of consideration; which was read a first time, and ordered to be read a second time.

Mr. Greening from the judiciary committee, to which was referred a resolution instructing them to inquire whether it be not expedient so to alter the existing law as to make good the service of writs and warrants by leaving copies thereof at the resident of defendants in certain cases, reported a bill to be entitled an act amendatory of an act, prescribing the mode of executing original process; which was read a first time, and ordered to be read a second time.

Mr. Greening, from the judiciary committee, to which was referred a resolution instructing them to inquire into the expediency of requiring sheriffs, in the sale of lands or negroes, to advertise such sale or sales in some newspaper, reported that it is inexpedient to legislate on the subject. Ordered, that the House disagree to the report.

Mr. Greening moved to recommit the same to the same committee, with instructions to report a bill; which was agreed to.

Mr. Greening from the judiciary committee, to which was referred a resolution instructing them to inquire into the expediency of allowing defendants ten days notice, in all suits before justices of the peace, reported a bill to be entitled an act to repeal in part and amend an act concerning the execution of justices' warrants; which was read a first time and ordered to be read a second time.

Mr. Greening, from the judiciary committee, to which was referred a bill to be entitled an act concerning appeals from the county to the circuit courts, and for other purposes, reported a substitute in lieu thereof.

Mr. Lewis moved to recommit the bill to the committee, with instructions to retain the second section; which was lost.  Ordered, that the House concur with the report of the committee by striking out the first section.  The House disagree to the amendment by striking out the second in said bill.  Ordered, that the bill be recommitted to the judiciary committee.

The judiciary committee, to which was referred a bill to be entitled an act to authorize the administratrix of John Bowie, deceased, to sell certain real estate reported the same without amendment. Said bill was then read a second time and ordered to be engrossed for a third reading.

Mr. Greening, from the judiciary committee, to which was referred a resolution instructing them to inquire into the expediency of associating the justices of the peace with the judges of the county court of the different counties in the discharge of the duties now required to be performed by the judges of the county courts in conjunction with the commissioners of roads and revenue, reported that it is inexpedient to legislate on the subject.   Ordered, that said report lie on the table.

Mr. Greening, from the judiciary committee, to which was referred a bill to be entitled an act to authorize solicitors to swear witnesses to send to the grand jury, reported the same with an amendment. In which report the House concurred.

Mr. Greening from the judiciary committee, to which was referred so much of the Governor's message as relates to the improvement of the judiciary system, reported a bill to be entitled an act to establish a Supreme Court, and a Court of Chancery; which was read a first time, and ordered to be read a second time on Monday next.

Mr. Perkins, from the committee on propositions and grievances,  to


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which was referred the petition of Pleasant May, Jun. guardian of Thaker Vivion, reported a bill to be entitled an act to authorize Pleasant May, Jr. guardian of the person and property of Thaker Vivion, a minor, to remove the property of said minor from the county of Washington to the county of Greene; which was read a first time, and ordered to be read a second time.

Mr. Greening, from the select committee to which was referred a bill to be entitled an act to alter the mode of appointing assessors and tax collectors, reported a substitute in lieu thereof.

Mr. Crenshaw, from the select committee to which was referred a bill to alter the law now in force respecting the mode of compensating petit jurors, reported the same with sundry amendments. In which report the House concurred.

Mr. McVay of Law from the select committee to which was referred  a bill to be entitled an act more effectually to secure the compensation allowed by law to jurors therein mentioned, reported the same without amendment.

Mr. Perkins moved to amend the 1st section of the bill by inserting the word "Tuscaloosa" after the word Lauderdale. Carried.

Mr. McVay of Law. moved to insert the word Lawrence, after the word Tuscaloosa; which was carried.

Mr. Duke moved to insert the word Marion, after the word Lawrence; which was carried.

Mr. Coopwood moved to amend the third section by striking out the word three, and inserting the word two; and the word week in the respective counties; which was carried.

Ordered, That said bill be referred to a select committee. Whereupon Messrs Perkins, McVay of Law. Craig and Mead were appointed said committee.

Mr. Crenshaw obtained leave to introduce a bill to be entitled an act concerning state roads; which was read a first time, and ordered to be read a second time.

Mr. Barclay obtained leave to introduce a bill to be entitled an act to compensate witnesses, attending magistrates' courts; which was read a first time and ordered to be read a second time.

Mr. Ellis obtained leave to introduce a bill to be entitled an act to incorporate the City of Tuscaloosa, and to repeal an act incorporating the Town of Tuscaloosa, passed the 13th December, 1819; which was read a first time and ordered to be read a second time.

Mr. Speaker laid before the House a communication from Andrew Pickens, President of the Bank of the State of Alabama. Said communication is as follows:

Bank of the State of Alabama, 1st December, 1826.

To the Speaker of the House of Representatives:

SIR- Having long since determined to withdraw at a suitable time from the situation which I now occupy, I beg leave, through you, to make known to the House, over which you preside, that I do not wish any longer to be considered a candidate for the office of President of this Bank. For reasons very obvious I think it my duty to make known this my determination.

I will take this opportunity of expressing the deep sense of obligation which I feel for the repeated manifestations of partiality and confidence, at first without my knowledge and always without my solicitation; which have been exhibited


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towards me by the General Assembly. It is my most anxious wish,  that a successor may be selected more competent, and equally desirous, to discharge the important trusts confided to him, with fidelity and impartiality.

Accept, Sir, assurances of respectful consideration

(Signed)                  ANDREW PICKENS.

Which said communication was ordered to lie on the table.

Mr. Broadnax obtained leave to introduce a bill to be entitled an act to amend an act to establish the Bank of the State of Alabama, approved Dec. 20th, 1823; which was read a first time, and ordered to be read a second time.

On motion of Mr. Davis of Fr. Resolved,  That the judiciary committee be instructed to inquire into the expediency of compelling plaintiffs in all cases, at the commencement of any suit by them, to consolidate all their claims which they may have against the defendant or defendants of the same nature, at the time of commencing their action.

Mr. Terry obtained leave to introduce a resolution instructing our Senators in Congress, and requesting our Representatives, to use their endeavors to obtain the passage of a law extending to the members of the State Legislatures the privilege of franking letters, papers and documents, and also of receiving by mail all letters, papers and documents to them directed, free from postage during their attendance on the sessions of their respective legislatures; which was read a first time, and ordered to be read a second time.

On motion of Mr. Moore of Mad. Resolved, That the committee on propositions and grievances be instructed to inquire into the expediency of so amending the existing laws of this state relating to the maintenance of the poor, as will lessen the expenses, and secure more fully their comfortable subsistence, with leave to report by bill or otherwise.

On motion of Mr. McVay of Law. Resolved, that the judiciary committee be instructed to inquire into the expediency of reducing the rate of interest allowed by law in this state, with leave to report by bill or otherwise.

On motion of Mr. Ross, Resolved That the judiciary committee be instructed to inquire into the expediency of providing some certain punishment for slaves who may be convicted of manslaughter on slaves; also of amending the criminal laws of this state in the trial of capital cases, by curtailing the number of challenges without cause; also to report whether it be expedient to authorize the Judges of the several Circuit Courts to change the venue in capital cases on the application of the State.

And then the House adjourned till 3 o'clock this evening.

Evening Session, 3 o'clock.

The House met pursuant to adjournment.

A message from the Senate by Mr. Lyon their secretary:

Mr. Speaker: The Senate have read three times and passed bills which originated in the House of Representatives, entitled an act to incorporate the town of Decatur, in Morgan county; and an act to incorporate the Trustees of Greenville Academy in Butler county.

The Speaker laid before the House a communication of the Secretary of State; which was read.   Ordered, that said communication, together with the accompanying documents, be referred to a select com-


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mittee. Whereupon Messrs. Coleman, Crenshaw, Weissinger and Ellis were appointed said committee.

On motion of Mr. Moore of Jack. Resolved, That a standing committee on the State Bank be appointed. Whereupon Messrs. Moore of Jack, Ellis, Pickens, Moore of Mad. and Ross were appointed said committee.

The Speaker laid before the House a communication from the Comptroller of Public Accounts, which was read. Ordered, that said communication,  with the accompanying documents, be referred to the committee on accounts.

Mr. Coopwood offered the following resolution: Resolved That the judiciary committee be instructed to inquire into the expediency of reducing the fees of clerks of the circuit and county courts of this state, with leave to report by bill or otherwise; which was lost.

On motion of Mr. Moore of Jack. Resolved, That the committee on the State Bank be instructed to inquire into the expediency of passing a law compelling the incorporated Banks within this state to make an exhibit during the first week of each and every session of the General Assembly, the amount of bills entitled, the amount of deposities and cash on hand.

Bills of the following titles, to wit: an act authorizing Benjamin F. Perry to emancipate a certain slave therein named; an act authorizing the administrator of William McAlister, deceased, to transfer a certificate therein named; an act to divorce William Bryant from Rhodicy Bryant; an act to divorce Olivia A. Taylor from John Taylor; and an act for the relief of Mary Latham, were severally read a second time, and ordered to be engrossed for a third reading.

A bill to be entitled an act to authorize the judge of the county court and commissioners of roads and revenue of Perry county to appoint some person to transcribe a certain part of the records of the county court of said county, was referred to a select committee, consisting of Messrs. Weissinger, Parham and Mead.

A bill to be entitled an act more effectually to prevent breaches of the peace, was referred to the judiciary committee.

Engrossed bill to be entitled an act to establish a certain road therein designated,  was referred to a select committee, consisting of Messrs. Bridges, Walthall and Greening.

Engrossed bills of the following titles, to wit: an act to alter the state road from Selma to Cahawba, by way of the new bridge on Valley creek; and an act to emancipate certain slaves therein named, were severally read a third time and passed. Ordered, that the titles be as aforesaid. Ordered, that the same be sent to the Senate for their concurrence.

Mr. Moore of Jack. obtained leave to introduce a bill to be entitled an act to amend an act entitled an act to establish a permanent seat of justice in the county of Jackson, and for other purposes; which was read a first time, and ordered to be read a second time.

Mr. Ellis obtained leave to introduce a bill to be entitled an act authorizing certain claims against the state, as well as certificates of state witnesses, to be received in discharge of fines and forfeitures; which was read it first time, and ordered to be read a second time.

Mr. Edwards obtained leave to introduce a bill to be entitled an act


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to incorporate a body of Free-masons at Claiborne,  in Monroe county: which was read a first time, and ordered to be read a second time.

On motion of Mr. Ellis, Resolved, That a military committee be instructed to inquire into the expediency of allowing appeals to the county of circuit courts, from the decision of courts martial inflicting fines and penalties.

And then the House adjourned till tomorrow morning 10 o'clock.