Wednesday, December 13, 1826.

The House met pursuant to adjournment.

Message from the Senate by Mr. Crabb their assistant secretary.

Mr. Speaker-- The Senate have read three times and passed, bills which originated in their House, entitled an act to divorce John Diamond from Lizzy Diamond; and, and act the better to define and fix the compensation of certain public officers therein named, and for other purposes: in which they desire your concurrence. They have also read three times and passed, bills which originated in your hon. body, entitled an act to amend an act, entitled an act concerning roads, bridges, highways and ferries in the county of Mobile; an act to make an appropriation for digesting and revising the militia and patrol laws of this state, as authorized by the General Assembly at


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their last session; and, an act to provide for the payment of petit jurors in certain counties therein named; and have amended the same by inserting the counties of Conecuh and Butler in the manner herewith shown: in which amendment they respectfully ask your concurrence. And then he withdrew.

Mr. McClung from the committee on ways and means, to which was referred the petition of Batista Serra and Geanty Meagat, praying permission to keep billiard tables for play without wager in the city of Mobile, reported, that said petition is unreasonable, and ought not to be granted.  In which report the House concurred.

Mr. McClung, from the committee on ways and means, to which was referred a bill to be entitled an act supplementary to the several laws now in force relating to the collection of the revenue, reported the same with sundry amendments; which were concurred in by the House. The bill was then read a second time, as amended, and ordered to be engrossed for a third reading.

Mr. Moore of Jack. from the committee on enrolled bills, reported as correctly enrolled, bills of the following titles, to wit: an act to amend 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; an act authorizing the administrator of William McAlister, deceased to transfer a certificate therein named; an act to incorporate the Moulton troop of cavalry of Lawrence county; an act to compensate witnesses attending magistrates courts; and, an act to divorce Wm. Bryant from Rhodicy Bryant.

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 Mary Ducksworth against George Ducksworth for divorce, reported a bill to be entitled an act to divorce Mary Ducksworth from her husband George Ducksworth; which was read a first time, and ordered to be read a second time.

Mr. Ross, from the committee on accounts, to which was referred the accounts of Washam Easley, Elias Hays and John Barron, claiming compensation for attendance on the circuit court of Perry county, as witnesses on the part of the state, reported, that the aforesaid state treasury; and ask leave to be discharged from the further consideration thereof; which was granted.

Mr. Ross, from the committee on accounts, to which was referred the accounts of Etheldred Allen, claiming compensation for attending on the circuit court of Perry county, as a witness on the part of the state, reported, that the accounts are not legally chargeable upon the state treasury; and ask leave to be discharged from the further consideration of the same; which was granted.

Mr. Moore of Mad. from the select committee to which was referred the resolution to inquire into the expediency of establishing an Office of Discount and Deposite of the Bank of the State of Alabama at some place in the Tennessee Valley and also so much of the Gov-


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ernor's message as relates to that subject, reported a bill to be entitled an act to establish an Office of Discount and Deposite of the Bank of the State of Alabama at _______ in the Tennessee Valley; which was read a first time, and the rule requiring bills to be read on three several days being dispensed with, it was read a second time and forthwith. Ordered, that the bill lie on the table, and that 100 copies thereof be printed for the use of this House.

Mr. McClung, from the committee on ways and means, to which was referred the petition of Sabrina Archer, praying, in behalf of the securities of her deceased husband, the remission of certain parts of a judgment obtained against them in favor of the state, reported a bill to be entitled an act for the relief of the securities of John Archer, deceased; which was read a first time, and ordered to be read a 2d time.

Mr. Ross, from the select committee to which was referred a message from the Governor, or so much thereof as relates to a subscription in behalf of the state for the whole of the stock reserved for the state in the Bank of Mobile, reported a bill to be entitled an act to authorize the Governor to subscribe for the stock reserved for the state in the Bank of Mobile; which was read a first time, and ordered to be read a second time.

Mr. Moore of Jack. from the select committee to which was referred a resolution of the state of Tennessee, proposing an amendment to the constitution of the United States, reported a joint resolution approving the amendment proposed by the state of Tennessee to the constitution of the United States; which was read a first time, and ordered to be read a second time.

Mr. Terry, from the select committee to which was referred the petition of Lewis Tyres, executor of the last will and testament of Baxter Smith, deceased, reported a bill to be entitled an act to emancipate certain slaves therein mentioned;  which was read a first time, and ordered to be read a second time.

Mr. Perkins, from the committee on propositions and grievances to which was referred the petition of sundry citizens of the county of Washington, reported a bill to be entitled an act for the relief of James Hall; which was read a first time, and ordered to be read a second time.

Mr. Perkins from the committee on propositions and grievances to which was referred the certificate of the clerk of the circuit court of the county of Washington,  presenting the costs for the trial, conviction and execution of a certain Richard Barry, and applying to the state therefor, as the criminal was insolvent, reported, that the claim ought not to be granted; and ask leave to be discharged from the further consideration thereof; which was granted.

Mr. McVay of Laud. from the select committee to which was referred a memorial to the Congress of the United States on the subject of the public lands, reported a substitute in lieu thereof; which was read a first time and ordered to be read a second time.

Mr. Barclay, from the select committee to which was referred a bill to be entitled an act to authorize the trustees of certain 16th sections


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in Jackson county to lease them for any number of years, reported the same with sundry amendments; which were concurred in by the House. The bill was then read a second time, as amended,  and ordered to be engrossed for a third reading.

Mr. Moore of Jack. from the committee on enrolled bills, reported that they had examined and found correctly enrolled, a bill to be entitled an act to make an appropriation for digesting and revising the militia and patrol laws of this state, as authorized by the General Assembly at their last session.

Mr. Davis of Fr. from the select committee to which was referred so much of the Governor's message as relates to the public lands, reported, that a memorial on that subject is now progressing in the House; and ask leave to be discharged from the further consideration thereof;  which was granted.

Mr. Williams, from the select committee to which was referred the memorial of some of the citizens of Tuscaloosa, praying that a law may be passed to incorporate a library company, reported a bill to be entitled an act to incorporate the Tuscaloosa Library Company; which was read a first time, and ordered to be read a second time.

Engrossed bill to be entitled an act to provide for the payment of petit jurors in certain counties therein named, was laid on the table.

Mr. Smith of Laud. obtained leave to introduce a bill to be entitled an act for the publication of the fees of certain officers therein mentioned; which was read a first time, and ordered to be read a second time.

Mr. Terry obtained leave to introduce a joint resolution of the Senate and House of Representatives of the State of Alabama, proposing to purchase from Charles Lewin, for the use of the state, his large brick building, situated in the lower town of Tuscaloosa; which was read a first time, and the question being put, shall this resolution be read a second time?  it was decided in the affirmative- yeas 32, nays, 30.

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

Mr. Speaker

Bradford

Dubose

Lewis

Perry

Acklen

Crenshaw

Edwards

Montgomery

Ross

Benson

Coleman

Greening

Moore of Jack

Smith of Hen.

Bridges

Davis of Fr.

Heard

Mead

Terry

Bailey

Davis of Ja.

Johnson

Massey

Weissinger

Broadnax

Dale Dennis

Jones Lawler

Pickens

Walthall- 32

Those who voted in the negative are

Mr. Ambrister

Coe

Exum

McVay of Law.

Rhodes

Brown

Coopwood

Fluker

Martin

Raney

Bell

Dupuy

Harris

Neill

Smith of Lau.

Brasher

Duke

McClung

Perkins

Sims

Barclay

Edmondson

Moore of Mad.

Parham

Williams

Craig

Ellis

McVay of Laud.

Powell

Whitfield- 30

Mr. Dennis obtained leave to bring in a bill to be entitled an act to appoint commissioners for Covington and Henry counties; which was read a first time, and ordered to be read a 2d time.

Mr. Coopwood obtained leave to bring in a bill to be entitled an act giving persons holding claims against the respective counties of

M*


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this state further time to file the same; which was read a first time, and ordered to be read a second time.

Mr. Ross obtained leave to bring in a bill to be entitled an act to aid in the improvement of the port and harbor of Mobile; which was read a first time, and ordered to be read a second time.

The House then proceeded to the orders of the day.

The House took from the table a joint resolution proposing to receive any title deed or deeds as a donation to the state, to be applied to the building of a state capitol and other public buildings.

Ordered, that the resolution, together with the proposed amendment, be referred to the judiciary committee.

Engrossed bill from the Senate, entitled an act better to define and fix the compensation of certain public officers therein named, and for other purposes, was read a first time. Mr. Harris moved to lay the bill on the table until the first day of April next, which was lost. The bill was then ordered to be read a second time.

Engrossed bill from the Senate, entitled an act to divorce John Diamond from Lizzy Diamond, was read a first time, and ordered to be read a second time.

A bill to be entitled an act to reduce into one the several acts concerning roads, bridges, ferries and highways, was laid on the table.

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

Evening Session, 3 o'clock.

The House met pursuant to adjournment.

A bill to be entitled an act to reduce into one the several acts concerning roads, bridges, ferries and highways, was laid on the table.

Bills of the following titles, to wit: an act to authorize Ebenezer Byram to sell a certain tract of land on the terms and conditions therein mentioned; an act to amend an act entitled an act to incorporate the town of Florence, in the state of Alabama, were severally read a second time, and ordered to be engrossed for a third reading.

A bill to be entitled an act authorizing William Whorton of St. Clair county to erect mills, &c. on Wills creek, was then taken up, and read a second time, and ordered to be engrossed for a 3d reading.

A message from the Governor by James I. Thornton, secretary of state, which be handed in at the Speaker's chair: and then he withdrew.  Said message is as follows:

EXECUTIVE DEPARTMENT, Dec. 13th, 1826.

The Hon. the Speaker and members of the House of Representatives:

Gentlemen - I have now the honor to transmit a statement of the improvements at the said works in this state.

I have the honor to be, most respectfully, your ob't serv't,

JOHN MURPHY.

Ordered, that so much of said message as relates to the salt springs be referred to the select committee heretofore appointed on that subject; and that so much thereof as relates to the military, be referred to the military committee.

James F. Roberts, a member from the county of Baldwin, appeared, was qualified, and took his seat.


111

A bill to be entitled an act prescribing the punishment of vagrants was referred to the judiciary committee.

Engrossed bill from the Senate, entitled an act to amend the laws now in force for the punishment of malicious mischief. Mr. Crenshaw moved that the further consideration of said bill be indefinitely postponed; which was lost. Mr. Williams then moved to refer the bill to the judiciary committee;  which was lost. Mr. Davis of Fr. Then moved to refer the bill to the committee on propositions and grievances; which was lost. It was then read a second time, and ordered to be read a third time.

A bill to be entitled an act to authorize Edward Sims and his associates to open a turnpike road therein named, was referred to the committee on roads, bridges and ferries.

Engrossed bills of the following titles, to wit: an act to divide the 36th regiment of Alabama militia; 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; an act to authorize the judge of the county court and commissioners of roads & revenue of Shelby county to levy an extra tax for the purpose of building a jail in and for said county; an act authorizing the citizens of Sommerville to elect a constable, 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.

Engrossed bill to be entitled an act to divorce Kelly Stegall from Nancy Stegall, was read a third time, and the question being put, shall this bill pass? it was determined in the affirmative, there being a constitutional majority voting in favor of its passage- yeas 45, nays 12.

Those who voted in the affirmative are

Mr. Speaker

Barclay

Edmondson

Moore of Jack.

Rhodes

Acklen

Craig

Ellis

McVay of Law.

Raney

Ambrister

Coe

Exum

Mead

Roberts

Bailey

Coopwood

Heard

Martin

Smith of Hen.

Brown

Davis of Fr.

Harris

Massey

Sims

Broadnax

Davis of Jack

Johnson

Neill

Terry

Bell

Dale

Lewis

Parham

Williams

Bradford

Dubose

McClung

Powell

Walthall

Brasher

Dupuy

Montgomery

Ross

Whitfield- 43

Those who voted in the negative are

Mr. Bridges

Duke

Jones

Pickens

Coleman

Edwards

Lawler

Perry

Dennis

Fluker

McVay of Laud

Smith of Lau.- 12

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

Engrossed bill to be entitled an act to divorce Morgan Buck from Lavinia Buck, was read a third time, and the question being put, shall this bill pass? it was determined in the affirmative, there being a constitutional majority voting in favor of its passage- Yeas 44, nays 14.

Those who voted in the affirmative are,


112

Mr. Speaker

Brasher

Dubose

Montgomery

Ross

Acklen

Barclay

Edmondson

Moore of Jac.

Rhodes

Ambrister

Craig

Ellis

McVay of Law

Raney

Benson

Coe

Exum

Mead

Roberts

Bailey

Coopwood

Heard

Martin

Smith of Hen.

Brown

Davis of Fr.

Harris

Massey

Williams

Bell

Davis of Ja.

Johnson

Neil

Walthall

Broadnax

Dale

Lewis

Parham

Whitfield- 44

Bradford

Dupuy

McClung

Powell

 

Those who voted in the negative are

Mr. Bridges

Duke

Jones

Pickens

Sims

 

Coleman

Edwards

Lawler

Perry

Terry- 14

 

Dennis

Fluker

McVay of Law

Smith of La.

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

And then the House adj'd until tomorrow morning 10 o'clock.