Friday, Dec. 15, 1826.

The House met pursuant to adjournment. A message was received from the Governor by James I. Thornton, Secretary of State, which he handed in at the speaker's chair; and then he withdrew. Said message is as follows:

EXECUTIVE DEPARTMENT, Dec. 14, 1826.

The Hon. Samuel W. Oliver, Speaker of the House of Representatives:

SIR- I have the honor to request you to lay before the House in which you preside, the memorial of Seth Hunt, which I have just received. Together with the copy of a letter received by this department from Mr. Hunt.

I am, most respectfully, your obedient serv't,

JOHN MURPHY.

Ordered, That the same together with the accompanying documents, be referred to the select committee heretofore appointed on the salt springs.

Mr. Lawler presented the petition of sundry inhabitants of Shelby county, praying the passage of a law to change the route of the state road in such manner, so as not to run through the farm of  William Hughes, which was read and


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referred to a select committee, consisting of Messrs. Lawler, Walthall and Massey.

Mr. Ellis presented the petition of Thomas Maxwell, praying the passage of a law, to legitimate a certain person therein named, which was read and referred to a select committee, consisting of Messrs. Ellis, Perkins, Williams, & Whitfield.

Mr. Ross presented the memorial of Thadeus Sandford and Wm. W. Stone, praying the passage of a law to incorporate a company by the name of the "Alabama and Tennessee canal company," which was read and referred to a select committee, consisting of Messrs. Ross, Lewis, Greening, Broadnax, Pickens, Bridges and Dale.

Mr. Edmondson from the committee on roads, bridges and ferries, to which was referred a bill to be entitled - an act to authorize Edward Sims and his associates to open a turnpike road therein named, reported the same without amendment. The bill was then laid on the table.

On the motion of Mr. Massey, Resolved, That a select committee be appointed to inquire into the expediency of establishing a tobacco inspection in this state, and report by bill or otherwise.  Whereupon, Messrs. Massey, Coleman, and Lawler were appointed said committee.

Mr. Moore of Jack from the committee on enrolled bills, reported that they had examined and found correctly enrolled a bill which originated in this house, entitled - an act to amend an act entitled an act, concerning roads, highways, bridges and ferries.

Mr. Perkins, from the committee on propositions and grievances, to which was referred the petition of David Leach, reported a bill to be entitled - an act authorizing David Leach to emancipate a certain slave therein named:  which was read a first time, and ordered to be read a second time.

Ordered, That Mr. Neill have leave of absence from the House until Monday next.

Mr. Moore of Jack. from the select committee to which was referred a joint resolution of the state of Indiana, disapproving the amendment proposed by the state of Tennessee, to the constitution of the United States: Also, a resolution of the state of Maine, against the amendment to the constitution, proposed by Tennessee, reported, that they ask leave to be discharged from the further consideration of said constitution, as they have made a sufficient expression on that subject, in their resolutions reported, approving of the resolutions of Tennessee, alluded to in the said resolutions of the state of Indiana and Mobile, which was granted. Ordered, That the said resolutions be referred to the judiciary committee, to consider and report thereon.

Mr. Greening, from the select committee to which was referred so much of the governor's message of the 12th inst. as relates to the deposites in the Branch Bank of the United States, reported a memorial to congress in relation to the public deposites in the branch bank of the United States at Mobile, which was read a first time; and the rule which requires bills to be read on three several days, being dispensed with, it was then read a second time forthwith, and ordered to be engrossed for a third reading. Ordered, That so much of the governor's message as relates to the increase of the capital stock of the bank of the state of Alabama, be referred to a select committee: Whereupon Messrs. Greening, Ross, Lewis, McClung, and Moore of Mad. were appointed said committee.

Mr. Greening from the select committee, to which was referred the petition of William B. Allen, reported a bill to be entitled- an act for the relief of Wm. B. Allen, which was read a first time, and ordered to be read second time

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Mr. Perkins from the select committee, to which was referred the petition of sundry inhabitants of Tuscaloosa county, reported a bill to be entitled- an act to put part of Byler's road under the jurisdiction of the county court of Tuscaloosa; which was read a first time, and ordered to be read a second time.

Mr. Moore of Madison, obtained leave to introduce a bill to be entitled - an act supplementary to an act, to establish a state university, which was read a first time, and ordered to be read a second time.

Mr. Roberts obtained leave to bring in a bill to be entitled - an act supplementary to an act, for the government of the port and harbor of Mobile, which was read a first time, and ordered to be read a second time.

A memorial to the Congress of the United States on the subject of the public lands, was then taken up, and referred to a select committee, consisting of Messrs. Benson, Craig, Moore of Jack. Smith of Laud. and Moore of Mad. to consider and report thereon.

The house then proceeded to the orders of the day. A bill to be entitled - an act to establish a road from Montevallo to Greensborough, was referred to select committee, consisting of Messrs. Lawler, Walthall and Coopwood.

Engrossed bill to be entitled - an act to incorporate the Tuscaloosa Library company was read a third time.

Mr. Smith of Laud. moved to amend the bill, by way of the following engrossed rider: Provided that nothing herein contained, shall be so construed as to authorize said corporation to exercise banking powers, which was adopted; the bill was then passed as amended. Ordered, That the title be as aforesaid. Ordered, That the same be sent to the Senate for their concurrence.

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

EXECUTIVE DEPARTMENT, Dec. 14, 1826.

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

Gentlemen - I have the honor to transmit you the report o the Commissioners appointed on the part of this State, agreeably to your resolution of the last session to adjust with the state of Mississippi the accounts remaining unsettled between the two states.

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

(Signed)          JOHN MURPHY.

Ordered, That said message together with the accompanying documents be referred to the select committee heretofore appointed on that subject.

Engrossed bills of the following titles, to wit; an act giving further time to persons holding claims against their respective counties, to file the same: an act to emancipate certain slaves therein mentioned; and an act for the relief of James Hall, 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 from the Senate, entitled an act to emancipate certain slaves therein named, was ordered to lie on the table.

Engrossed bill from the Senate, entitled, an act to amend the laws now in force for the punishment of malicious mischief, was taken up and read a third time.

Mr. Weissinger moved to amend the bill by way of the following engrossed rider, “and be it further enacted, that this act be only in effect and in force in the county of Jackson.” Mr. Mead moved to amend the amendment by adding “Blount” Mr. Smith of Laud. moved further to amend the amendment by adding “Lauderdale;” Mr. Massey moved further to amend the amend-


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ment, by adding “St. Clair.” The question was then put, on the adoption of Mr. Weissinger's amendment, as amended; which was lost. Mr. Perkins then moved to amend the bill, by way of the following engrossed rider: Provided that, when a willful violation of this act, or the act that this amends, is proven, malice shall be inferred; which was lost. The bill was then passed. Ordered, That the Clerk acquaint the Senate therewith.

A bill to be entitled- an act to aid in the improvement of the port and harbour of Mobile, was laid on the table.

Mr. McVay of Laud. from the joint committee of the two Houses to which was referred the joint resolutions for paying the last tribute of respect to the memory of John Adams and Thomas Jefferson, reported that they have appointed the Hon. Arthur P. Bagby, to pronounce an eulogy on the lives and characters of the illustrious deceased; and the rev. Robert M. Cunningham to address a prayer to the Throne of Grace, adapted to the solemn occasion, at the Methodist Church, in the town of Tuscaloosa, at 12 o'clock, m. on Wednesday the 27th instant, pursuant to the 4th resolution; and that the Order of Procession directed by the first resolution, will be published in the Alabama Sentinel, for the information of all who may be disposed to unite with the public authorities in this interesting solemnity; in which report the House concurred.

On motion of Mr. Davis, of Franklin, Resolved, That the committee on Inland Navigation, be instructed to inquire into the expediency of establishing a Board of Commissioners, who shall be authorized to open books for the subscription of stock, for the purpose of improving the navigation of the muscle shoals by canalling or otherwise; also, what is called Colbert's shoals; allowing said stockholders to receive for a certain number of years, a certain toll on aircraft passing said shoals, through said canal sluices, &c. allowing the state to subscribe a certain quantity of stock in said company, reserving to the state of Alabama, after a certain period of years, to demand and receive from each stockholder, by paying them the selling price of stock, the whole of the stock of said company.

A bill to be entitled- an act to divorce Coleman Allen from his wife Rebecca Allen, was read a second time, and ordered to be engrossed for a third reading. Engrossed bill from the Senate, entitled, an act to divorce John Diamond from Lizzy Diamond 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 51 nays 9.

Those who voted in the affirmative are

Mr. Speaker

Brasher

Edmondson

McClung

Powell

Acklen

Barclay

Ellis

Montgomery

Ross

Ambrister

Crenshaw

Edwards

Moore of Mad.

Rhodes

Benson

Craig Coe

Exum

Moore of Jack.

Raney

Bridges

Coopwood

Fluker

McVay of Law.

Roberts

Bailey

Davis of Fr.

Greening

Mead

Smith of Hen.

Brown

Davis of Ja.

Heard

Martin

Terry

Broadnax

Dale

Harris

Massey

Williams

Bell

Dupuy

Johnson

Pickens

Walthall

Bradford

Dubose

Lewis

Parham

Whitfield- 51

Those who voted in the negative are

Mr. Coleman

Duke

Lawler

Perry

Weissinger- 9

Dennis

Jones

McVay of Laud

Perkins

 

Ordered, that the Clerk acquaint the Senate therewith.


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Engrossed bill to be entitled, an act to divorce Mary Ducksworth from her husband George Ducksworth, was laid on the table.

Ordered, that Mr. Greening be added to the select committee heretofore appointed on the Creek Treaty - and then the House adjourned until tomorrow morning 10 o'clock.