Monday, December 11, 1826.

The House met pursuant to adjournment.

Mr. Terry presented the petition of Lewis Tyus, executor of Baxter Smith, deceased, praying the passage of a law to emancipate certain slaves therein named;  which was read, and referred to a select committee, consisting of Messrs. Terry, Broadnax and Lewis.

Mr. Moore of Jack. from the committee on enrolled bills, reported that they had examined and found correctly enrolled bills of the following titles, to with: an act authorizing Sarah Bowie, administratrix of John Bowie, deceased, to sell and transfer certain real estate; an act to incorporate a body of free-masons at Claiborne, in Monroe county; and, an act to authorize the judges of the county courts and commissioners of roads and revenue of Perry, Franklin, Jefferson and Blount counties to appoint some suitable person to transcribe certain parts of the records of the county courts aforesaid.

Ordered, that Mr. Ellis be added to the select committee to which was referred so much of the Governor's message as relates to the establishment of an Office or Branch of the United States Bank in this state at Mobile.

The House then resolved itself into a committee of the whole, on a joint resolution proposing sundry amendments to the constitution of the state of Alabama- Mr. McVay of Laud. in the chair- and after some time spent in the consideration of said resolutions, the committee rose, Mr. Speaker resumed the chair, and Mr. Chairman reported progress and asked leave to sit again on Saturday next; which was granted.

A message from the Senate by Mr. Crabb their assistant secretary.

Mr. Speaker- The Senate have read three times and passed joint


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resolutions requiring the banks of Mobile and Tombeckbe to report their situation to the General Assembly; joint resolutions instructing our Senators and Representatives in Congress on the subject of authorizing the sale of the sections No. 16, reserved for the use of schools in this state; and, joint resolutions instructing our Senators and Representatives in Congress, on the subject of exchanging certain lands reserved for the use of schools in this state: In all of which they desire your concurrence. They have also read three times and passed, bills which originated in your House, entitled an act authorizing the administrator of Wm. McAlister, deceased, to transfer a certificate therein named; 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; an act to divorce Olivia A. Taylor from John Taylor; and an act to incorporate the Moulton Troop of Cavalry in Lawrence county -- and have amended the same by adding thereto an additional section. In which amendment they desire your concurrence.  And then he withdrew.

Ordered, That the House concur in the amendment made by the Senate to the bill entitled an act to incorporate the Moulton Troop of Cavalry of Lawrence county, by adding thereto an additional section. Mr. Heard obtained leave to introduce a bill to be entitled an act authorizing the citizens of Sommerville to elect a constable; which was read a first time and ordered to be read a second time.

Mr. Heard, from the committee on divorce and alimony,  to which was referred the record and proceedings of the circuit court of Tuscaloosa county, exercising chancery jurisdiction, in the case of Morgan Buck against Lavinia Buck, for divorce, reported a bill to be entitled an act to divorce Morgan Buck from Lavinia Buck; which was read a first time, and ordered to be read a second time.

Engrossed joint resolutions from the Senate of the following titles, to wit: joint resolutions requiring the Banks of Mobile and Tombeckbe to report their situation to the General Assembly; joint resolution instructing our Senators and Representatives in Congress on the subject of exchanging certain lands reserved for the use of schools in this state; joint resolution instructing our Senators and Representatives in Congress on the subject of authorizing the sale of the sections No. 16, reserved for the use of schools in this state, were severally read a first time, and ordered to be read a second time.

Bills of the following titles, to wit: an act to repeal in part, and amend an act, entitled an act concerning wills, and the duty of executors, administrators and guardians, first passed March 12, 1803; an act prescribing the punishment of slaves and free persons of color for the commission of the crime of manslaughter on other slaves or free persons of color; and, an act to authorize the state of Alabama to make peremptory challenges, in certain cases, were severally read a second time, and ordered to be engrossed for a third reading.

A bill to be entitled an act to allow William Whorton to erect a  mill on Wills creek in St. Clair county --  Mr. Neill moved to amend

L*


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the bill by adding thereto an additional section. Ordered, that the bill, together with the proposed amendment lie on the table.

A report of the judiciary committee, to which was referred a resolution instructing them to inquire into the expediency of passing a law to authorize the removal of property belonging to estates from one county to another; and also to authorize the transfer of all accounts and vouchers in relation to small estates to the county court of the county to which such property may be removed, was then taken up. The question was put on concurring with the report of the committee, which was carried-- yeas 50, nays 12.

The yeas and nays being desired, those who voted in the affirmative are

Mr. Speaker

Crenshaw

Edwards

Moore of Mad.

Powell

Acklen

Craig

Exum

McVay of Law.

Ross

Ambrister

Coe

Fluker

Mead

Rhodes

Bridges

Coopwood

Heard

Martin

Raney

Bailey

Coleman

Harris

Massey

Smith of Laud

Brown

Dale

Johnson

Neill

Terry

Broadnax

Dupuy

Jones

Perkins

Williams

Bell

Dubose

Lawler

Pickens

Weissinger

Brasher

Edmondson

Lewis

Parham

Walthall

Barclay

Ellis

Montgomery

Perry

Whitfield-50

Those who voted in the negative are

Mr. Benson

Davis of Jack.

Greening

McVay of Laud

Bradford

Dennis

McClung

Smith of Hen.

Davis of Fr.

Duke

Moore of Jack

Sims- 12

Mr. Moore of Jack. obtained to leave to introduce a bill to be entitled an act to repeal in part and amend an act, entitled an act for the relief of the inhabitants of the first township, range seven, east of the basis meridian of Huntsville, approved Jan. 9th, 1826; which was read a first time, and ordered to be read a second time.

A bill to be entitled an act to authorize the trustees of certain 16th sections in Jackson county to lease them any number of years, was read a second time, and referred to a select committee, consisting of Messrs. Craig, Barclay and Davis of Ja.

Mr. Acklen obtained leave to bring in a bill to be entitled an act altering the punishment of forgery and counterfeiting; which was read a first time, and ordered to be read a second time.

Mr. Lawler obtained leave to bring in a bill to be entitled an act to authorize the judge of the county court and commissioners of revenue and roads of Shelby county to levy an extra tax for the purpose of building a jail in said county; which was read a first time, and ordered to be read a second time.

Mr. McClung, from the select committee to which was referred an engrossed bill from the Senate, entitled an act to change the times of holding the county courts in Jefferson and Madison counties, reported the same with the following amendments: Strike out the word “county” after the word “Jefferson” and insert in lieu thereof the words “and Madison counties.” In which report the House concurred.

Mr. Pickens presented the account of William W. Gray, jailor of


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Dallas county; which was read, and referred to the committee on accounts.

A bill to be entitled an act to divide the 36th regiment of Alabama militia was referred to the military committee.

A bill to be entitled an act to establish a ferry and appoint commissioners to lay out and mark a road therein named, was read a second time, and laid on the table until Saturday next.

Mr. Bailey presented the petition of sundry inhabitants of Autauga county, praying the passage of a law authorizing them, in conjunction with the petitioners of Montgomery county, to establish a ferry across the Alabama river at the town of Montgomery; which was read and laid on the table.

Engrossed bill from the Senate, entitled an act compelling clerks and sheriffs in several counties in this state to keep their offices at their several court houses, was read a third time and passed. Ordered, that the clerk acquaint the Senate therewith.

Engrossed bill to be entitled an act amendatory of an act prescribing the mode of executing original process, was read a third time- Mr. Coopwood moved that the further consideration thereof be postponed till the 4th day of July next; which was carried- Yeas 31, nays 30.

The yeas and nays being desired, those who voted in the affirmative are

Mr. Bell

Davis of Fr.

Exum

Martin

Powell

Bradford

Davis of Jack

Greening

Massey

Rhodes

Brasher

Dale

Heard

Neill

Smith of Lau.

Craig Coe

Dupuy

Jones

Perkins

Sims

Coopwood

Duke

Lewis

Pickens

Williams

Coleman

Edwards

McVay of Law

Parham

Walthall- 32

Those who voted in the negative are

Mr. Speaker

Brown

Edmondson

McClung

Ross

Acklen

Broadnax

Ellis

Moore of Mad

Raney

Ambrister

Barclay

Fluker

Moore of Jac

Smith of Hen.

Benson

Crenshaw

Harris

McVay of Laud

Terry

Bridges

Dennis

Johnson

Mead

Weissinger

Bailey

Dubose

Lawler

Perry

Whitfield- 30

Engrossed bill to be entitled an act to divorce John Hamblin from Hannah Hamblin, was read a third time.

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

Evening Session, 3 o'clock.- The house met pursuant to adjourn't.

The House resumed the consideration of an engrossed bill entitled an act to divorce John Hamblin from Hannah Hamblin; and the question being put, shall this bill pass? it was determined in the negative, there not being a constitutional majority voting in favor of its passage.

Those who voted in the affirmative are,

Mr. Speaker

Bradford

Ellis

Montgomery

Powell

Ambrister

Coe

Exum

Moore of Jac

Ross

Bailey

Davis of Ja.

Harris

McVay of Law

Williams

Broadnax

Dupuy

Lewis

Neill

Walthall

Bell

Edmondson

McClung

Parham

Whitfield- 25


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Those who voted in the negative are

Mr. Benson

Craig

Johnson

Martin

Smith of Hen.

Bridges

Coopwood

Jones

Massey

Smith of La.

Brown

Dennis Duke

Lawler

Pickens

Sims

Crenshaw

Fluker

McVay of Lau

Perry

Terry

Engrossed bill to be entitled an act to divorce Kelly Stegall from Nancy Stegall, was laid on the table.

Engrossed bills of the following titles, to wit: an act authorizing the election of certain officers in the town of Greenville, in Butler county; an act to compel the commissioners of the town of Greenville, in Butler county, to transfer all papers relative to the lots of the said town to the judge of the county court and commissioners of roads and revenue in Butler county; engrossed joint resolution of the Senate and House of Representatives of the state of Alabama, disapproving certain resolutions of the legislatures of the states of Delaware, Connecticut,  Illinois and Indiana concurring with a resolution of the state of Ohio, proposing the emancipation of slaves, and a resolution of the legislature of New Jersey recommending a system of foreign colonization; an act to amend an act passed Dec. 20th, 1820, amending an act passed 13th Nov. 1819, incorporating the town of Triana; an act regulating appeals from justices of the peace; an act directing in what manner, and in what courts, suits may be brought against the state of Alabama, were severally read the third time and passed.

Ordered, that the titles be as aforesaid. Ordered, that the same be sent to the Senate for their concurrence.

Engrossed bill to be entitled an act concerning appeals from the county to the circuit courts, and for other purposes, was read a third time. Mr. McClung moved to amend the bill way of the following engrossed rider: “Sec. 5. Be it further enacted, that it shall be the duty of the sheriff to serve the notice contemplated by this act;”- which was carried. And the question being put, shall this bill pass? it was determined in the affirmative- yeas 50, nays 6.

The yeas and nays being desired - those who voted in the affirmative are

Mr. Speaker

Barclay

Dupuy

Lewis

Parham

Acklen

Crenshaw

Dubose

McClung

Perry

Ambrister

Craig

Duke

Montgomery

Powell

Bridges

Coe

Edmondson

Moore of Jack

Ross

Bailey

Coopwood

Edwards

McVay of Laud

Rhodes

Brown

Coleman

Exum

McVay of Law

Smith of Hen

Broadnax

Davis of Ja.

Fluker

Massey

Smith of Lau

Bell

Davis of Fr.

Harris

Neill

Terry

Bradford

Dale

Johnson

Perkins

Williams

Brasher

Dennis

Jones

Pickens

Whitfield- 50

Those who voted in the negative are

Mr. Benson

Ellis Lawler

Martin

Sims

Walthall- 6.

Ordered, that the title be as aforesaid. Ordered,   that the same be sent to the Senate for their concurrence.

Mr. Moore of Jack. gave notice that on tomorrow he would move to amend the rule No. 19 in the following manner: "And provided further that on any question which requires two thirds of the votes


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given to carry it in the affirmative, _______ shall be considered the minority and any member exceeding one third in the negative shall be considered a majority on all motions for reconsideration.

A bill to be entitled an act to reduce into one the several acts giving fees to justices and constables, was referred to a select committee, consisting of Messrs. McClung, McVay of Laud. Edmondson & Craig.

A bill to be entitled an act to incorporate the town of Russelville, in the state of Alabama, was read a second time, and ordered to be engrossed for a third reading.

Mr. Davis presented the petition of sundry inhabitants of Franklin county, praying the General Assembly to memorialize the Congress of the United States on the subject of a donation of certain quarter and half quarter sections of land in said county to the Trustees of the La Fayette Academy in the county of Franklin; which was read, and referred to a select committee, consisting of Messrs. Davis of Fr. Parham, Duke, Smith and Craig.

Mr. Harris presented the accounts of the clerk of the circuit court of Washington county, the sheriff of said county, and solicitor of the first judicial circuit; which was read, and referred to the committee on propositions and grievances.

Mr. Williams presented the account of Rolls Perry, which was read and referred to the committee on accounts.

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