Thursday, December 14, 1826.

The House met pursuant to adjournment.

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

Mr. Speaker- The Senate have read three times and passed, a bill which originated with themselves, entitled an act to emancipate certain slaves therein named; and bills which originated with your hon. body, entitled an act to establish a certain road therein designated, which they have amended by the addition of an engrossed rider; and, an act supplementary to the several acts heretofore passed in relation to the county court for the county of Mobile, and for other purposes which they have amended as herewith shown: in all which they ask your concurrence.  They have also read three times and passed, a bill which originated with your hon. body, entitled an act to authorize the county court of Wilcox county to levy an extra tax. And then he withdrew.

A message from the Governor by James I. Thornton, secretary of state. Mr. Speaker --  I am instructed by the Governor to inform your hon. body, that he did on the 12th inst. approve and sign bills of the following titles, to wit: an act to incorporate a body of free-masons at Claiborne in Monroe county; an act authorizing Sarah Bowie, administratrix of John Bowie, deceased, to sell and transfer certain real estate; an act to authorize the judges of the county courts and commissioners of roads and revenue of Perry, Franklin and Blount counties to appoint some suitable person to transcribe certain parts of the records of the county courts aforesaid: and on the 13th instant, 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; all of which originated in this House.  And then he withdrew.

Ordered, that the House concur with the amendments made by the Senate to the bill entitled an act to establish a certain road therein designated, by adding thereto the following engrossed rider: “And provided further, that no person liable to work on roads in Dallas county shall be required to work a greater number of days in opening


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or keeping in repair that part which passes through the said county than may be required of those who reside in Wilcox county.”

Engrossed bill to be entitled an act supplementary to the several acts heretofore passed in relation to the county court for the county of Mobile, and for other purposes, was laid on the table.

Mr. Jones presented the petition of sundry inhabitants of Bibb county, praying the passage of a law of incorporation in the name and style of the “Moral Society of Bibb county; which was read and referred to the judiciary committee.

Mr. Perry presented the petition of Wm. Payne, sheriff of Butler county; which was read, and referred to the committee on accounts.

Mr. Mead presented the petition of sundry inhabitants of Blount county, praying the passage of a law to incorporate the town of Blountsville, in said county, as also a counter petition on that subject which were severally read, and referred to a select committee, consisting of Messrs. McClung, Moore of Jack. and Barclay.

Mr. Benson presented the account of John Moody, jailor of Montgomery county; which was read, and referred to the committee on accounts.

Mr. Ross presented the memorial of sundry inhabitants of the city and county of Mobile, praying the passage of a law remunerating the sheriff of said county for extraordinary services; which was read, and referred to the judiciary committee.

Mr. Montgomery presented the memorial of Thomas A. Hardy, tax collector of Mobile county, praying the passage of a law giving him further time for the collection of the taxes of said county; which was read, and referred to a select committee, consisting of Messrs. Montgomery, Ross, Roberts and Harris.

Mr. Ellis presented the memorial of Grantland & Robinson, praying the passage of a law extending the time for publishing the laws and journals of this state, which was read and referred to the committee on propositions and grievances.

Mr. Perry presented the petition of sundry inhabitants of Wilcox county praying the passage of a law to attach part of the said county, to Butler county; which was read and referred to a select committee, consisting of Messrs. Perry, Bridges and Crenshaw.

Mr. Dubose presented the petition of William Waller, praying the passage of a law to emancipate certain slaves therein named; which was read and referred to a select committee, consisting of Messrs. Dubose, Montgomery and Harris.

Mr. Parham presented the petition of sundry inhabitants of the town of Tuscumbia, as also the county of Franklin, praying the passage of a law to incorporate a steam boat company; which was read and referred to a select committee, consisting of Messrs. Parham, Davis of Frank. and Smith of Laud.

Mr. Parham presented the petition of Isaac Winston, administrator of Caleb B. Jones, dec. praying the passage of a law to authorize him to sell certain real estate therein named; which was read and referred to a select committee, consisting of Messrs. Parham, Craig, Davis of Frank. and Williams.

Mr. Dubose presented the account of John Hanes; which was read, and referred to the committee on accounts.

Mr. Ross, from the committee on accounts, to which was referred the ac-


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count of Overton Harris, of Autauga county, claiming compensation for keeping and receiving John Owen, a prisoner of said county, reported that they committee are not aware of the existence of any law that would authorize the payment of the same out of the state treasury, and ask leave to be discharged from the further consideration of the same, which was granted.

Mr. Ross, from the committee on accounts, to which was referred the account of William H. E., Wheeler, of Jackson county, claiming compensation for sustenance furnished a guard, to guard William Black and Macus Black, prisoners in said county, reported that said account is legally chargeable upon the county, and not the state treasury, and asked leave to be discharged from the further consideration of the same, which was granted.

Mr. Ross, from the committee on accounts, to which was referred the account of Aaron Redus, of Limestone county, claiming compensation for receiving into the jail of the county aforesaid, and releasing therefrom, Jeremiah Taylor, reported that said account is not chargeable upon the 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 Wm. Sims, and W. Graydon, claiming compensation for services as coroner and acting constable, also cost in certain cases against the state, reported that said 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. Heard, from the committee on divorce and alimony, to which was referred the record and proceedings of the circuit court of Bibb county, exercising chancery jurisdiction in the case of Coleman Allen against Rebecca Allen for divorce, reported a bill to be entitled - an act to divorce Coleman Allen from his wife Rebecca Allen, which was read a first time and ordered to be read a second time.

On motion of Mr. Moore of Jackson, Resolved with the concurrence of the senate, that a committee be appointed on the part of this House, consisting of five members, to act with such committee as may be appointed on the part of the senate, to examine ad select two or more of the most eligible sites for a state house, within the corporate limits of the town of Tuscaloosa, and report such sites by some description by which they may be known or designated, also to inquire into, and report, where any lot or lots of land, which may have been donated within said town to the state, of for its use, on which to erect public buildings, or to be appropriated to defray the expenses of erecting public buildings may lie, their size, &c. Also, to enquire into, and ascertain, where one hundred acres of land lies, which has been donated for public purposes as aforesaid, and report its metes, and bounds, and quality; with power to call on such persons, and for such papers, charts, &c. as may be necessary to furnish them with information to make such report as contemplated in this resolution. Whereupon,  Messrs. Moore of Jack. Terry, Johnson, Coleman, and Weissinger, were appointed said committee.

On motion of Mr. Broadnax, Resolved, That the Speaker be requested to invite the reverend Bishops Roberts and Soule, to preach in the Hall of the House of Representatives on next Sabbath.

On motion of Mr. Coopwood, Resolved, That the committee on accounts be instructed to enquire into the expediency of revising and amending the laws of this state in relation to accounts and claims, so as plainly to distinguish between accounts payable out of the county and state treasuries.

Engrossed bill from the senate, entitled -- an act to emancipate certain


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slaves therein named was read a first time, and ordered to be read a second time: a bill to be entitled, an act to appoint commissioners for Covington and Henry counties, in place of certain persons therein named, was referred to a select committee, consisting of Messrs. Dennis, Smith of Henry, and Greening: 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, was referred to the committee on the state bank. Engrossed bill from the Senate, entitled,  an act to divorce John Diamond from Lizzy Diamond, was read a second time, and ordered to be read a third time.

Bills of the following titles, to wit: an act to incorporate the Tuscaloosa Library Company: an act giving further time to persons holding claims against their respective counties to file the same; an act to divorce Mary Ducksworth from her husband George Ducksworth: and an act for the relief of James Hall, were severally read a second time, and ordered to be engrossed for a third reading.

A bill to be entitled, an act for the publication of the fees of certain officers therein mentioned, was referred to the judiciary committee: a bill to be entitled, an act for the relief of the securities of John Archer, dec'd: was laid on the table. Ordered,  That the House concur in the amendments made by the Senate to the bill entitled, an act to provide for the payment of petit jurors in certain counties therein named: by adding after the word “Dallas,” in the first section of the bill, the word “Conecuh.”

Engrossed bill from the Senate entitled, an act the better to define and fix the compensation of certain public officers therein named, and for other purposes.

Mr. Coopwood moved that the further consideration thereof be postponed until the third Monday in November next: which was carried; Yeas 38, Nays 23.

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

Mr. Speaker

Coleman

Heard

Martin

Smith of Hen.

Brown

Dupuy

Harris

Massey

Smith of Laud

Broadnax

Dubose

Johnson

Neill

Sims

Bell

Duke

Jones

Pickens

Williams

Bradford

Edmondson

Lawler

Parham

Weissinger

Brasher

Edwards

Lewis

Perry

Walthall- 38

Barclay

Exum

McVay of Laud

Powell

 

Coopwood

Fluker

McVay of Law.

Roberts

 

Those who voted in the negative are

Mr. Acklen

Craig

Ellis

Moore of Jac.

Raney

Ambrister

Coe

Greening

Mead

Terry

Benson

Davis of Jack

McClung

Perkins

Whitfield- 23

Bridges

Dale

Montgomery

Ross

 

Crenshaw

Dennis

Moore of Mad.

Rhodes

 

Engrossed bill from the Senate, entitled, an act to amend the laws now in force for the punishment of malicious mischief, was laid on the table.

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, was ordered lie on the table.

A communication from Wm L. Adams to Charles Lewin, on the subject of Lewin's lots in the lower town of Tuscaloosa, was read and laid on the table.

Engrossed bill, entitled- an act supplementary to the several laws now in force, relating to the collection of the revenue, was referred to the committee on ways and means.


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Engrossed bills of the following titles, to wit: an act to amend an act entitled an act, to incorporate the town of Florence in the state of Alabama: an act to authorize Ebenezer Bynam to sell a certain tract of land on the terms and conditions therein mentioned: an act to allow William Thornton to erect a mill on Wills creek in St. Clair county: and an act to authorize the trustees of certain 16th sections in Jackson county, to lease them for any number of years not exceeding twenty, 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 concurrence.

On motion of Mr. Mead, Resolved, That the judiciary committee be instructed to inquire into the expediency of amending the law, requiring licenses for retailing spirituous liquors, making it the duty of the clerks of the county courts, to inform the solicitor of their respective counties, of all such persons as they may know is selling or has sold, such liquors without license.

A bill to be entitled - an act to emancipate certain slaves therein named. Mr. Coopwood offered the following amendment – “Provided that said slaves leave this state within twelve months, and never return to reside therein. Mr. Terry then moved to amend the amendment by striking out “twelve months,” and insert in lieu thereof three years; a division of the question being called for, the vote was first taken on striking out “twelve months,” which was carried. The question was then put, on the adoption of Mr. Coopwood's amendment, as amended and carried. The bill was then read a second time as amended and ordered to be engrossed for a third reading.

On motion of Mr. Craig, Resolved, That the judiciary committee be instructed to inquire into the policy and expediency of so altering the laws now in force regulating the retailers of spirituous liquors, so as to allow any person to sell the same in any quantities not less than one quart.

A memorial of the Senate and House of Representatives of the State of Alabama to the Congress of the United States, in relation to the public land debt was laid on the table.

Mr. Lawler obtained leave to bring in a bill to be entitled - an act to establish a road from Montevallo to Greensborough, which was read a first time and ordered to be read a second time.

A joint resolution approving the amendment proposed by the state of  Tennessee, to the constitution of the United States, was referred to the judiciary committee.  And then the House adjourned till tomorrow morning 10 o'clock.